we will see a renewed focus on the security of all electronic data, including email.  One suggestion is that companies update their record retention practices in light of the security incidents of the last few years.  This includes updating their record retention policies, and perhaps implementing technical means to enforce those policies.  A reasonable record retention policy, instituted in good faith and properly managed to retain documents as required by law, can allow for the lawful, periodic deletion of non-essential business emails like the ones that came to light in the SONY breach.  See generally Rattray v. Woodbury County, Iowa, 761 F.Supp.2d 836 (N.D. Iowa 2010) (discussing a document retention policy with respect to the spoliation of evidence during litigation).

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Peterk
Dallas, Tx
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"The problems of our economy have occurred not as an outgrowth of laissez-faire, unbridled competition. 
They have occurred under the guidance of federal agencies, and under the umbrella of federal regulations."
Senator Ted Kennedy, in defending trucking deregulation in 1978.
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