In case you didn't know, the US Federal Records Act requires the taking of appropriate preservation measures for all electronically stored information that falls within the federal record definition outlined in 44 USC 3301. With this in mind, potential federal records "in the cloud" could include:
- Google Docs
- Facebook, Twitter and YouTube postings
- Email and structured databases of all kinds hosted on private servers; and
- PDA text messages
“’Document retention policies,’ which are created in part to keep certain information from getting into the hands of others, including the Government, are common in business * * * It is, of course, not wrongful for a manager to instruct his employees to comply with a valid document retention policy under ordinary circumstances.” --Arthur Andersen LLP v. U.S., 125 S. Ct. 2129 (May 31, 2005)
In order to dramatize the scope of this issue, Mr Baron collaborated with Mr. Ralph Losey in producing the following informative video.
For more on e-discovery, please visit e-Discovery Team at http://e-discoveryteam.com/ .
The National Archives also has a "Frequently Asked Questions About Managing Federal Records In Cloud Computing Environments" available (http://www.archives.gov/records-mgmt/faqs/cloud.html).
( Thank you. If you enjoyed this article, get free updates by email or RSS - KLJ )