Monday, May 3, 2010

Re: Legal Requirement to Archive Email

This discussion assumes the use of email is to communicate with another
party and that is its sole function. Nevertheless, email is also a
database and one is at liberty, outside of the warped world of Gmail, to
send messages to oneself. I constantly find great websites and
publications and send messages to myself about them. In time these
messages build up a library of my own findings and messages that I have
received with the same kind of content. Hence, dumping email is not an
idea I find to be a very happy thought as email for me is an important
learning and information storing tool.

From one of my email accounts:

Search Results

1 - 25 of 527 messages for "history united states"

with content such as:


EISURE: HISTORY : RECREATION: HISTORY : ENTERTAINMENT: MOTION PICTURES:
HISTORY : HISTORY: UNITED STATES: Library of Congress. America at Work,
School, and Leisure, 1894-1915: Motion Pictures from 1894-1915 .


Sincerely,
David Dillard
Temple University
(215) 204 - 4584
jwne@temple.edu
<http://daviddillard.businesscard2.com>
Net-Gold
<http://groups.yahoo.com/group/net-gold>
Index: <http://tinyurl.com/myxb4w>
<http://listserv.temple.edu/archives/net-gold.html>
<http://groups.google.com/group/net-gold?hl=en>
General Internet & Print Resources
<http://guides.temple.edu/general-internet>
COUNTRIES
<http://guides.temple.edu/general-country-info>
EMPLOYMENT
<http://guides.temple.edu/EMPLOYMENT>
TOURISM
<http://guides.temple.edu/tourism>
DISABILITIES
http://guides.temple.edu/DISABILITIES
INDOOR GARDENING
<http://tech.groups.yahoo.com/group/IndoorGardeningUrban/>
Educator-Gold
<http://groups.yahoo.com/group/Educator-Gold/>
K12ADMINLIFE
<http://groups.yahoo.com/group/K12AdminLIFE/>
RUSSELL CONWELL CENTER SUBJECT GUIDE
http://guides.temple.edu/Russell-Conwell-Center
THE COLLEGE LEARNING CENTER
<http://tinyurl.com/yae7w79>
Nina Dillard's Photographs on Net-Gold
http://tinyurl.com/36qd2o
and also http://gallery.me.com/neemers1
http://www.flickr.com/photos/neemers/
Net-Gold
Membership Required to View Photos on Net-Gold
Twitter: davidpdillard


Bushell, R. & Sheldon, P. (eds),
Wellness and Tourism: Mind, Body, Spirit,
Place, New York: Cognizant Communication Books.
Wellness Tourism: Bibliographic and Webliographic Essay
David P. Dillard
<http://tinyurl.com/p63whl>
<http://tinyurl.com/ou53aw>


INDOOR GARDENING
Improve Your Chances for Indoor Gardening Success
http://tech.groups.yahoo.com/group/IndoorGardeningUrban/
http://groups.google.com/group/indoor-gardening-and-urban-gardening


SPORT-MED
https://www.jiscmail.ac.uk/lists/sport-med.html
http://groups.google.com/group/sport-med
http://groups.yahoo.com/group/sports-med/
http://listserv.temple.edu/archives/sport-med.html


Health Diet Fitness Recreation Sports Tourism
http://health.groups.yahoo.com/group/healthrecsport/
http://groups.google.com/group/healthrecsport
http://listserv.temple.edu/archives/health-recreation-sports-tourism.html


.


On Mon, 3 May 2010, Thomas Phelan wrote:

> One topic that continually comes up is whether or not there is a legal
> requirement to archive email. Anyone who has researched this question knows
> that the answer depends on who you ask. Some lawyers say that not only
> should we NOT archive email, they say that from a purely legal perspective
> their advice is to force ALL email to be deleted from users' mailboxes as
> quickly as possible. Of course, other lawyers say that we have to archive
> email, but they invariably decline to specify a time period.
>
> While I certainly don't have a definitive answer to this question, I have
> learned something that has made a little more sense of the topic. When
> talking to lawyers, the question most of us ask is "Do we have to archive
> email?" This is NOT the right question to ask because the law doesn't care
> about the medium, it cares about the content. From everything I can tell,
> there is no legal requirement to archive email per se, but there may be a
> requirement to archive the content of some email. Content is the key. While
> this might seem obvious, failure to be clear about this can cause a lot of
> confusion.
>
> If your organization uses email to communicate content that legally needs to
> be retained, then it is my understanding that such content does have to be
> archived whether you do this by archiving the email itself, or documenting
> and archiving the content in some other parallel information system.
>
> Of course, it is absurd to try to create rules which only archive emails
> with content that has to be retained. Therefore, the answer to the question
> of "to archive email, or not to archive email" seems to depend on your
> school's policy (both written and de facto) regarding how email is to be
> used.
>
> Perhaps we should just create two email addresses for every user, one for
> communication of content which the law says has to be retained, and another
> for content the law doesn't care about. Then all we have to do is teach
> every user which email address to use for which type of content. Problem
> solved, that was easy!
>
> --
> Tom Phelan
> Director of Technology
> Peddie School
> tphelan@peddie.org
> http://www.peddie.org
>
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