Electronic Discovery Navigator

Over 80% Worry About Email Authentication

Over 80% Worry About Email Authentication

"Surety, LLC, the leading provider of data integrity solutions, today announced the results of the 2008 Email Security and Authentication Survey. The survey of more than 800 IT security, email security and compliance professionals revealed that 65 percent of respondents lack confidence that their organization's email records would be admitted as authenticated evidence in legal, regulatory or patent disputes.

The survey further revealed that more than 80 percent of respondents are concerned about their ability to authenticate email records and attachments and more than 50 percent of respondents remain unclear on new regulations and legal expectations related to email authentication."

Surety, LLC Survey Reveals IT Security and Compliance Professionals Concerned About Email Content Security, Ability to Preserve Emails for Litigation

Surety, LLC Survey Reveals IT Security and Compliance Professionals Concerned About Email Content Security, Ability to Preserve Emails for Litigation

"'During a time when courts have set forth clear expectations for the authentication of electronically stored information (ESI), including email, it is troubling to learn that nearly half of IT professionals responsible for preserving email records are not fully aware of these requirements,” said Timothy Carroll, Partner, Vedder Price P.C. “These findings underscore why so many organizations are turning to content security solutions such as trusted time-stamping to preserve the integrity of their electronic records throughout the chain of custody.'"

The E-Discovery Conundrum: Proving the Authenticity of your Electronic Evidence

The E-Discovery Conundrum: Proving the Authenticity of your Electronic Evidence

"In the last decade, electronic records have taken over the business world. Just as e-mail has become the preferred method of business communication for nearly everyone, financial records, legal documents and work assignments are now kept primarily—and sometimes solely—in electronic form. Electronic records and e-mails are widely accepted for many important business communications that previously required physical signatures or paper documentation and the proliferation of electronic records in the business world is reflected in recent statistics on e-mail usage. According to research from the University of California at Berkeley’s School of Information Management and Systems, more than 93 percent of all corporate data is created electronically and e-mail is accepted as written confirmation of approvals or orders in nearly 80 percent of organizations.

The proliferation of electronic records was one of the catalysts behind the December 2006 e-discovery amendments to the Federal Rules of Civil Procedure (FRCP) that require companies to know where electronically stored information (ESI) including e-mails, spreadsheets, Word documents, image files and more are kept and make that information available to the other party if reasonably accessible. In addition, the Rules set new requirements for the parties to meet and discuss what ESI will be considered during the trial."