NETWORK WORLD NEWSLETTER: MICHAEL OSTERMAN ON MESSAGING
10/14/04
Today's focus:  The trouble you can get into if you don't 
archive

Dear [EMAIL PROTECTED],

In this issue:

* Several examples of archiving lapses and their consequences
* Links related to Messaging
* Featured reader resource
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Today's focus:  The trouble you can get into if you don't 
archive

By Michael Osterman

As mentioned in a previous newsletter, Osterman Research and 
Contoural have teamed to produce a guide that helps 
organizations understand e-mail and instant messaging archiving 
and policies. The consequences of a failure to archive properly 
can be significant, as shown by the following examples:

* In March, Bank of America was fined $10 million by the 
��Securities and Exchange Commission (SEC) because it did not keep 
��certain e-mail records for the appropriate length of time, 
��because BoA did not comply with the SEC in a timely manner, and 
��because it deleted some of the records that were requested.

* A very high-profile case involving e-mail preservation 
��involves Credit Suisse First Boston (CSFB) investment banker 
��Frank Quattrone. Quattrone's troubles started not with e-mail 
��per se, but rather with how e-mail was archived at CSFB. 
��Quattrone's Investment Banking division had adopted a selective 
��deletion policy that required the staff to purge e-mail and 
��instant messages on a periodic basis. Since this had been a 
��long-running policy, Quattrone's request to his staff in 
��December 2000 to purge their e-mail seemed reasonable. However, 
��Quattrone was aware that a few days earlier, CSFB had received a 
��grand jury subpoena; the purging was viewed by the courts as 
��destruction of evidence and it eventually led to Quattrone's 
��conviction. Quattrone is now serving an 18-month sentence.

* In August, Richard Gibson pled guilty to obtaining the name 
��and other personal information from a cancer patient and then 
��using this information to sign up for four credit cards in that 
��patient's name. Not only was this a case of identity fraud, it 
��also violated the Health Insurance Portability and 
��Accountability Act (HIPAA) security guidelines that went into 
��effect in April 2003. The Seattle Cancer Care Alliance, Gibson's 
��former employer, was the source of the breached information. 
��Gibson faces up to 16 months in federal prison.

Clearly, much of the focus on archiving and policy management 
focuses on the financial services industry because of rules 
imposed by the SEC, the National Association of Securities 
Dealers and the like. However, rules like HIPAA expand the 
potential liability of thousands of employers because they focus 
on the health information of employees. Consequently, any 
company that provides health benefits, collects health-related 
information from its employees, deals with benefits 
administrators, etc. and that transmits any of this information 
via a messaging system, will need to get serious about archival 
and policy management practices to avoid being a future example 
of what not to do.

RELATED EDITORIAL LINKS

How to evaluate messaging-archiving requirements
Network World Messaging Newsletter, 09/07/04
http://www.nwfusion.com/newsletters/gwm/2004/0906msg1.html
_______________________________________________________________
To contact: Michael Osterman

Michael D. Osterman is the principal of Osterman Research 
<http://www.ostermanresearch.com/>, a market research firm that 
helps organizations understand the markets for messaging, 
directory and related products and services. He can be reached 
by clicking here <mailto:[EMAIL PROTECTED]> 
_______________________________________________________________
This newsletter is sponsored by SBC 
Dialing for Dollars 
CRATE & BARREL'S VOIP MOVE NETS SAVINGS AND FLEXIBILITY 

An apples-to-apples comparison showed that a centralized, 
software-based, IP-based platform could provide significant cost 
savings and productivity benefits over a comparable, traditional 
PBX system.  Download whitepaper now, click here 
http://www.fattail.com/redir/redirect.asp?CID=84640
_______________________________________________________________
ARCHIVE LINKS

Archive of the Messaging newsletter:
http://www.nwfusion.com/newsletters/gwm/index.html
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