Re: DISCUSSION: archiving of NOMCOM information

[Jeff Williams <jwkckid1@ix.netcom.com>]

Robert and all,

  Robert, I believe that Randy has a good point here.  In the US
at least there are several federal statutes governing electronic
communications of this nature and that archives must be kept
for at least 7 years if I recall...

Robert Elz wrote:

>     Date:        Fri, 15 Mar 2002 09:32:24 -0800
>     From:        Randy Bush <randy@psg.com>
>     Message-ID:  <E16lvZ2-0006GP-00@rip.psg.com>
>
>   | i believe it has one simple goal, responsible retention of
>   | all data in case it needs to be disclosed UNDER COURT ORDER
>   | (or your cultural equivalent) in a lawsuit or criminal
>   | proceeding.  hence, all data, including candidate data,
>   | needs to be kept.
>
> No, that is exactly the reason that most of it should not be kept.
> No court can order you to do the impossible - if there are no records,
> you can't be compelled to disclose them.  The only way that can attract
> a penalty would be if there was some legal requirement that the records
> must be kept.
>
> But this is back to the amateur lawyering - to get a real answer, actually
> ask a lawyer, but ask the right question - not "how much should we keep?"
> but "how can we avoid keeping almost anything?"   If there's some requirement
> that some particular records be kept, you'll get told that in answer to
> the 2nd question (just like if you were to ask it wrt financial records,
> you'd get told that you need to keep X to comply with corporations law,
> Y to comply with employee laws, and Z to comply with tax lawa.)
>
> But certainly don't start assuming that we need to keep everything just
> so come court in the future can order it to be produced.   That's rubbish.
>
> kre

Regards,
--
Jeffrey A. Williams
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