A looming embarrassment for Big Bluescreen?
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Author | Content |
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cr Feb 24, 2006 7:08 AM EDT |
If IBM's Nazgul have reason to believe that a corporate-obliviation policy is behind a suspicious lack of subpoena'd evidence, how likely is the policy itself to remain irrelevant to the IBM v SCOX case? And thus to SOX? |
TPuffin Feb 24, 2006 11:53 AM EDT |
Was kind of wondering that myself...
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IBM: Your honor, we asked MS for emails on topic X sent around date Y, and they produced nothing. MS: Your honor, we have no record of any email meeting these criteria. IBM: Your honor, Exhibit B shows such an email was sent from this MS employee to this external party on this date. Plainly MS should also have a copy of that email. MS: Well, your honor, as I said, we don't have a record of that email. It's possible that it was deleted per our confidential top-secret retention policy. IBM: Your honor, we will therefore serve MS with a subpoena requesting the specifics of this retention policy to make sure MS isn't delibrately destroying evidence. Sign here, please... |
alc Feb 24, 2006 12:21 PM EDT |
MS: OK, we admit it,our email program has a few bugs. |
cr Feb 24, 2006 1:38 PM EDT |
Somehow I don't think that even the Windows-standard "we lost it in the reinstall" is going to play well here. |
jimf Feb 24, 2006 3:56 PM EDT |
Crappy MS security. Someone hacked the mailserver and stole the email... Maybe just that Al Gores internet failed.... All sorts of loopholes :) |
salparadise Feb 26, 2006 12:08 AM EDT |
Am I right in thinking there's no real penalty for "accidentally deleting vital emails"? The British Gov, in response to various ministers getting caught in embarrassing email fiascos, have now introduced a policy whereby "gov' departments only have to keep emails for 30 days". Particularly odious as it coincides with a public policy of forcing all ISP's and telco's to keep records for three years. (We get the message). I mention all of this because it seems as though big companies/gov's have caught on to the idea that turning up in court and shrugging vaguely when asked to produce electronic documentation is a great way of "getting away with it". |
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