Thursday, September 27, 2007

Re: Archiving email and limiting attachment size

Greg,

What is the legal stance on this? Aren't schools required have a system
in place to retain electronic communication once a legal proceeding is
initiated? Do you have an agreement in place with off-site providers to
archive this information and make it available and reasonably searchable
in case it is needed?

Dave

A forum for independent school educators <ISED-L@LISTSERV.SYR.EDU> on
Wednesday, September 26, 2007 at 5:21 PM -0800 wrote:
>This is one reason why we don't offer student or faculty email. If =20
>someone want to subpoena someone let them subpoena Google, not us.
>
>Greg
>On Sep 26, 2007, at 6:18 PM, Backon, Joel wrote:
>
>> The NAIS attorney told us, at a workshop, not to archive email at all
>> except during discovery as outlined by Peter Hoopes. Anything you have
>> in your archives (as opposed to a backup, which is a snapshot in =20
>> time),
>> is subject to subpoena once a legal proceeding is initiated. You can
>> well imagine the types of messages circulating or saved on your email
>> server that might sometime have to be turned over to the courts.
>>
>> _________________________________
>> Joel Backon
>> Director of Academic Technology / History Teacher
>> Choate Rosemary Hall
>> 333 Christian St.
>> Wallingford, CT 06492
>> 203-697-2514
>>
>> This email and any files transmitted with it are confidential and
>> intended solely for the use of the individual or entity to whom they =20
>> are
>> addressed.
>>
>> If you are not the intended recipient, please notify the sender
>> immediately by return e-mail, delete this e-mail and any attachments =20
>> and
>> destroy any copies. Any dissemination or use of this information by a
>> person other than the intended recipient is unauthorized.
>>
>>
>> -----Original Message-----
>> From: A forum for independent school educators
>> [mailto:ISED-L@LISTSERV.SYR.EDU] On Behalf Of Peter Hoopes
>> Sent: Wednesday, September 26, 2007 7:34 PM
>> To: ISED-L@LISTSERV.SYR.EDU
>> Subject: Re: Archiving email and limiting attachment size
>>
>> A forum for independent school educators <ISED-L@LISTSERV.SYR.EDU>
>> writes:
>>> Second item - length of time to keep the archived emails: 7 years. Is
>> this
>>> too long?
>>
>> This is actually a MIS-interpretation of the law. At least our counsel
>> and
>> several other strong firms in the area have told us, you do NOT have =20
>> to
>> keep 7 years worth of email activity. You simply need to have in =20
>> place a
>> method by which you CAN keep email during a discovery process should =20
>> get
>> involved in one.
>>
>> If you have consulted your school counsel and they believe 7 years is
>> necessary, then so be it. But, if you haven't, don't get caught up in
>> all
>> of the panic about keeping that much email.
>>
>> Peter Hoopes
>> Director of Technology
>> St. Andrew's School
>> phoopes@standrews-de.org
>> =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
>>
>> [ For info on ISED-L see http://www.gds.org/ISED-L ]
>> Submissions to ISED-L are released under a Creative Commons license.
>>
>> [ For info on ISED-L see http://www.gds.org/ISED-L ]
>> Submissions to ISED-L are released under a Creative Commons license.
>
>[ For info on ISED-L see http://www.gds.org/ISED-L ]
>Submissions to ISED-L are released under a Creative Commons license.

[ For info on ISED-L see http://www.gds.org/ISED-L ]
Submissions to ISED-L are released under a Creative Commons license.