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 This page last updated on:
5/30/2007  8:58 PM


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eDiscovery & Electronically Stored Info.
Developing an Information Management Program

Everyone within an institution of higher education has a responsibility to access, use, and disclose organizational information in a responsible manner, compliant with institutional policy and legal statutes. This responsibility extends to other parties granted access to institutional information. Improper maintenance, disposal, or release of institutional administrative information exposes the organization to significant risk. A comprehensive information management program will improve the information-handling and administrative processes, the security of private information, and the management of institutional records and will facilitate the preservation of the institutional memory. Explore from three different institutional perspectives the interplay of a variety of information management topics including building support and buy-in, developing records retention and disposition schedules, managing electronic records, effectively administering e-discovery and requests for release ......

Get Your E-information House in Order

Make sure you’re in compliance with new rules that include electronic communication in the legal discovery process.


Maryland Judge Expounds on Importance of Authenticating Electronic Evidence

This is an overview of a recent court decision that points out the weight given to the process of authenticating electronic evidence in legal matters. A link to the court decision is included.


School IT's Assignment: Obey E-discovery Rules

Districts face heavy summer workload to comply with new federal regulations.


New ESI and E-Discovery Page Posted at EDUCAUSE Connect

On the newly posted ESI and E-Discovery resource page, resources regarding the December 2006 amendments to the Federal Rules of Civil Procedure concerning the discovery portion of the litigation process are now available. Although discovery has included electronic materials for some time, the amendments specifically recognize electronically stored information (ESI) and E-Discovery, the process by which ESI is exchanged during the early stages of litigation.

The resources available were provided by colleges, universities, and other parties interested in helping institutions of higher education formulate their own policies to handle ESI.


The Year in Review

What's past is prologue. As we look ahead to the policy questions facing the Internet today and tomorrow, it's useful to recall what we've seen over the past 12 months, and that's what we'll do during this session.


Electronically Stored Information and the Federal Rules of Civil Procedure

The author discusses the recent changes to the Federal Rules of Civil Procedure (FRCP), which regulates the discovery of electronically stored information (ESI).


Federal Rules of Civil Procedure Related to Discovery and Electronically Stored Information
A Catholic University of America web site on the summary of federal laws pertaining to "Federal Rules of Civil Procedure Related to Discovery and Electronically Stored Information".
E-discovery Rules Deliver Message on Need for e-mail Archiving
Companies turn to software for storing, retrieving electronic documents.
WG1: Electronic Document Retention and Production
ESI and E-Discovery documents from the The Sedona Conference.
E-Discovery and Inevitable Litigation
This Law.com publication advises General counsel and risk-management executives to take practical and proactive steps concerning E-Discovery.
A Synopsis of the Proposed Federal Rules E-Discovery Changes
An overview of the new federal rules on E-Discovery, from the ABA publication "Tort Source".
The 2006 Discovery Amendments to the Federal Rules of Civil Procedure
"Proposed amendments to the Federal Rules of Civil Procedure were approved by the Supreme Court on April 12, 2006 and, barring the unlikely event of an intervention by Congress, will become effective on December 1, 2006. The amendments introduce a new category of discoverable information – electronically stored information, sometimes referred to by the acronym "ESI."
An Overview of the E-Discovery Rules Amendments
This is the first of seven installments on the electronic discovery rules. Other installments (links found at the bottom of the overview page), include Meeting and Conferring, Not Reasonably Accessible Information and Allocating Discovery Costs, Privilege Review, Metadata and Issues Relating to the Form of Production, Sanctions, and Conclusion.
Federal E-Discovery Rules—Hindrance or Opportunity?

The Federal Rules of Civil Procedure were amended on December 1, 2006, to include new provisions on the discovery of electronically stored information (ESI). After providing a summary of these rules, this session will focus on steps that universities and colleges can take to manage ESI, including reasonable accessibility rules, privilege and waiver considerations, the duty to preserve electronic evidence, litigation holds, and the elements of an ESI retention and destruction program.


ACUTA Alert: Federal Rules Governing Destruction of Electronically Stored Information
This is an ACUTA alert document, concerning the federal rules Governing destruction of electronically stored information.
Guidelines for Preservation of ESI/Responding to E-Discovery
This document contains the guidelines developed by Cornell's University Information Technologies and the Office of University Counsel to preserve and collect relevant data in light of anticipated or actual litigation.
E-Discovery Data Options
This document outlines the three steps required by the new Federal Rules of Civil Procedure – hold, preserve, and search – as well as the factors and options institutions of higher education should consider when developing their practices and procedures for dealing with ESI in light of anticipated or actual litigation.
Memo on E-Discovery
This is a suggested institutional memo designed to advise the college or university community on the changes in the Federal Rules of Civil Procedure, as well as to provide an overview of the new policy concerning litigation and ESI.
E-Discovery FAQ
This FAQ was prepared by the Cornell Office of University Counsel and is designed to answer some basic questions concerning E-Discovery.
The New Electronic Discovery Civil Rule
"New changes to the Federal Rules of Civil Procedure related to e-discovery will greatly affect how healthcare organizations manage their electronic records. This practice brief provides an overview of pretrial requirements in the e-discovery civil rule and reviews the relevance and application of each section of the rule to healthcare organizations. Additionally, it identifies the steps HIM professionals can take to prepare their departments and organizations for the challenges associated with e-discovery."
Enterprises Face New E-Discovery Rules
"Demand for data storage and retrieval products will increase thanks to new rules governing how digital documents are gathered for civil cases in U.S. federal courts."
The New Federal Procedural Rules on Electronic Discovery: Writing Technology Into the Litigation Process
The author states "These new rules elevate electronic discovery to the forefront of the litigation process in federal court, and will require federal court litigators to deal with technical, computer-related issues in a way that their law school instruction probably did not prepare them for."
E-Discovery Federal Rules of Civil Procedure with Amendments
These E-Discovery Federal Rules of Civil Procedure with Amendments went into effect on December 1, 2006.
New legal discovery rules impact schools
Brief description of how federal rules that went into effect Dec. 1 will have a broad impact on how schools handle email, IM and other electronic communications.
Saving the Data
"New federal rules being enacted Dec. 1 will change the way businesses store digital information and make it legally accessible; new companies are jumping into the fray to handle the burgeoning demand for these services. "
New Rules on Retaining Digital Business Documents
New rules take effect that help companies decide how many e-mails and other digital items they have to keep in case someone sues them and demands the documents be brought to court. Even small companies can generate millions of digital documents in a very short time, and systems for managing them can be expensive.


Data Retention News
Record Management, Retention and Disposition Standards Guidelines


The purpose of these University of Massachusetts guidelines are to;
a. Outline the University's requirements for its Records Management & Retention Program including records creation, maintenance, organization, use, security, disposal, and archive.
b. Define criteria for the identification of vital records and the requirements for the maintenance, security and handling of vital records.
c. Provide for schedules of records retention and disposition.
d. Outline criteria for the conversion of retained or archival records to a different medium (e.g., paper to fiche or scanned documents).


E-Mail Archiving: All Things to All People

Need to preserve selected records in accordance with your retention schedule, remove "old" e-mail from fast storage media, or keep a tamper-proof copy of all e-mail for legal compliance? How do you implement a workable solution that balances risks, is underpinned by policy, and responds to legal, user, and technical pressures?


Are universities protecting students from the RIAA?

The author suggests that schools may be purposely not retaining IP logging data on students to protect them from copyright infringement lawsuits.


Data Handling and Storage Policy

The Adams State College Data Handling and Storage Policy states that Institutional data is considered essential, and its quality and security must be ensured to comply with legal, regulatory, and administrative requirements. Authorization to access institutional data varies according to its sensitivity (the need for care or caution in handling). This administrative policy sets forth the college's standards with regard to the handling of sensitive institutional data.


Practical Data Sanitization Guidelines for Higher Education

When these storage and media devices become obsolete or are no longer needed the sensitive or private data must be effectively removed from the storage media or be destroyed before the devices are recycled, reused, disposed of, or discarded. The removal process is variously called data removal, data sanitization, data destruction, or similar terms. In this guideline data sanitization will be used for compatibility with recent federal guidelines.


Data Protection Information and Laws
This web site compiles information about appropriate data protection practices and tools at Indiana University.
Virginia is for Longer Data Retention
"All Internet service providers should keep their subscribers' data for lengthier time periods in order to aid police prowling for criminals online, a task force organized by the Virginia state attorney general recommended this week."
Email Policies
Email Policy for Connecticut College. It refers to 2 things, 1) E-mail system as an official means of communication and 2) Saving correspondence and documents sent electronically.
EDUCAUSE to Co-Sponsor Data Retention Seminar in Washington, D.C.

EDUCAUSE will co-sponsor an Information Technology Association of America event, “Defining the Acceptable Balance: A Reasoned Approach to Data Retention,” on September 27, 2006, inWashington, D.C. This seminar will assemble subject matter experts from Congress, law enforcement agencies, the privacy community, and high tech companies to answer such questions as: What data needs to be collected? How long should data be stored? How can data searches be conducted in a manner that does not risk wholesale sacrifice of customer privacy? Learn more about the event and register.

 

 


Industry, others object to data retention
Internet providers and telecommunications companies expressed concern on Wednesday about the feasibility of recording Americans' online activities, a proposal that Attorney General Alberto Gonzales has recently endorsed.
Safeguarding Research Data: Policy and Implementation Challenges
Exposure of research data to the risk of loss or misuse can significantly impede researchers' progress or ultimately result in the loss of research funding. This presentation shares The University of Texas System's challenges, experience, and lessons learned in its attempt to develop a system-level umbrella policy for the safeguarding of research data.
Your ISP as Net watchdog
This article reports on the U.S. Department of Justice exploration of data retention rules that could permit police to obtain records of e-mail, browsing or chat-room activity months after ISPs ordinarily would have deleted the logs. Data retention could aid criminal and terrorism prosecutions, but privacy worries and questions about the practicality of assembling massive databases of customer behavior could engender stiff opposition to the proposal.
Forever Access vs. Archiving Courses: Practical Limitations of LMS Storage
Students and faculty perceive the Internet as an unlimited storage medium; however, the practical limitations of learning management systems require removing older courses. This session reviews Penn State's course archiving policy and procedures in relation to other legal and policy requirements.
Data Retention Policy
Data retention policy for Dartmouth College.
Establishing data retention policies: Don't rush the process
All network administrators dread the repercussions of damaging e-mail or files left on network servers. But establishing an effective data retention policy requires careful planning. Here are some key issues to consider as you hammer out the details.
Records Management in a Digital World

College and university administrators are interested in records management because records document the activities of the institution and are essential in making informed decisions and maintaining accountability. The discipline of records management consists of principles and practices designed to efficiently manage and control records, from creation to final disposition. Any electronic records management solution or strategy includes management and technology components. This Research Bulletin provides an overview of the major issues and challenges associated with managing electronic records and examines emerging strategies for implementing electronic records management programs.


Administrative Data Management and Access Policy
Virginia Tech's Administrative Data Management and Access Policy.
Statement of Principles for the Preservation of and Long-Term Access to Australian Digital Objects
Developed by the National Initiatives and Collaboration (NIAC) Branch of the National Library of Australia in consultation with representatives from a broad range of sectors, January 1997. Lists and describes seven principles that, in an electronic environment, must be applied to ensure continuing access to all significant digital information. These principles underly all strategies aimed at preserving access to digital information.
University of Virginia's Computing Policy Digest and related information
This Web page provides links to most policies of the Information Technology and Communications unit of the University of Virginia. Included are such policies as data administration, copyright, e-mail, privacy, security, access, site license, responsible use of computing resources for faculty and students, and so forth.
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