A looming embarrassment for Big Bluescreen?

Story: Microsoft Evidence: A No-Show for IBM re Linux?Total Replies: 5
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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?

Feb 24, 2006
11:53 AM EDT
Was kind of wondering that myself... --------------------------------- 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...

Feb 24, 2006
12:21 PM EDT
MS: OK, we admit it,our email program has a few bugs.

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.

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 :)

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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