On Jan 19, 8:34 am, Roy Schestowitz <newsgro...@xxxxxxxxxxxxxxx>
wrote:
> ____/ Rex Ballard on Saturday 19 January 2008 13:13 : \____
>
>
>
> > On Jan 18, 10:48 pm, Roy Schestowitz <newsgro...@xxxxxxxxxxxxxxx>
> > wrote:
> >> White House routinely destroyed emails
>
> > Interesting.
>
> >> ,----[ Quote ]
> >> | THE BUSH administration has destroyed countless emails during a crucial
> >> | part of US history in the interests, it claims, of saving disk space.
> >> `----
>
> >>http://www.theinquirer.net/gb/inquirer/news/2008/01/18/spooks-read-ev...
>
> > It's very interesting that the federal government has mandatory
> > monitoring of e-mails for financial institutions such as banks and
> > brokerages that mandate storage of ALL communication, especially that
> > related to stock transactions, while the Bush administration decided
> > that it couldn't afford another 500 GB USB drive for $150?
>
> > Most corporate and government archives have huge LTO tape libraries,
> > and the cost is less than ten cents/gigabyte, but the Bush
> > administration couldn't afford it?
>
> > But we can spend $1 billion/day on no-bid contracts for Iraq?
>
> > I'm I the only one who seems to think that maybe there is a backup
> > somewhere that the Bush administration doesn't want anybody to know
> > about?
>
> > Of course, after Nixon, keeping tapes a secret could be a problem.
>
> Indeed, but that's just drifting toward politics. I was hoping to focus on the
> fraudlent activities at companies which have people believe that they are
> computing Gods, not Dons (as in Mafia).
What I noticed was the dramatic LACK of accountability in each of
these articles. I know that Lotus Notes Domino servers automatically
archive all e-mails sent and recieved, which is why it is still so
popular in banks, brokerages, insurance companies, and other regulated
industries, where federal regulators require that all communications
be logged, all correspondence (including e-mail) be saved and
archived, and all of it must be available to regulatory agencies,
should investigators require it. Regulators include the SEC,
Treasury, IRS, and Investagators include Secret Service, FBI, and
Federal Marshals.
When records like these are destroyed by a major corporation, and
there is a pattern of top level executives "losing" their e-mail, that
is a serious mismanagement problem. It seems like there is a
deliberate and willful attempt to obstruct justice by destroying
documents that are related to contract and legally binding decisions
and decisions which may have legal implications.
Many corporations do have policies which allow, and even encourage,
the purging of spam, e-mail periodicals, and other mass-distributed e-
mails where the content is publicly available. Even mailing lists are
often purged.
Ironically, deleting corporate "business related" emails cuts both
ways. Deleting an e-mail that would show deliberate contract
violations or deliberate illegal acts would protect the executive and
the corporation from prosecution and lawsuits, (though not necessarily
from obstruction of Justice charges). On the other hand, an e-mail
that documents a claim and some code developed prior to the date of a
patent application could be deleted and leave the company open to a
lawsuit by patent squatters who simply file patent applications on
already existing technology while failing to mention the prior art in
the applications.
Even more important, losing e-mails can often create a problem for the
defense, if the plaintiff has e-mails from another party. For
example, if the plaintiff has an e-mail that shows a third party e-
mail indicating that there was an exclusionary agreement or e-mail,
and the recipient deleted all of his e-mails, evidence that may
indicate that there was no such agreement, or that there was concern
that such an agreement was assumed, is lost. Remember that a key
factor in the Novell vs SCO case was that Novell had a better e-mail
archive than SCO.
> --
> ~~ Best of wishes
>
> Roy S. Schestowitz | Useless fact: Florida is bigger than Englandhttp://Schestowitz.com | Free as in Free Beer | PGP-Key: 0x74572E8E
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