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The Law Requires Email Archiving (Helloooooo IRS!)
IT World ^ | October 10, 2008 | Edward Alexi

Posted on 06/17/2014 11:35:06 AM PDT by Uncle Miltie

After the amended Federal Rules of Civil Procedures were passed in December of 2006, all emails, communications, files, directives and requests that may be relevant to a current or future litigation cannot simply be deleted or overwritten. The data must be produced and thus it must be archived, because that's the law.

Remarkably, most business operators don't realize they must comply with the Federal Regulations on Civil Procedures, or FRCP. In this instance, ignorance is far from bliss. It could put you and your organization in serious legal trouble, if the requested electronically stored information (ESI) is not produced when requested by courts. In fairness, those that are aware of the need to archive fail to make the investment to put a proper archival process in place because of the perception that it's too complicated or too costly or too much trouble. The reality is if you can be sued in federal court, and that includes just about every individual and organization, you must archive and then be able to quickly and completely retrieve requested email communications. Another reality is your existing data storage systems, NAS and SAN solutions are not intended as a solution for archival, litigation holds, and eDiscovery.

(Excerpt) Read more at itworld.com ...


TOPICS: Crime/Corruption; Extended News; Government
KEYWORDS: gettherope; impeachnow; irs; loislerner
The IRS violated Federal Law regarding Lois Lerner's emails. Surprise. More at source.
1 posted on 06/17/2014 11:35:06 AM PDT by Uncle Miltie
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To: Uncle Miltie
Those laws only apply to the peasants, silly.
2 posted on 06/17/2014 11:37:46 AM PDT by E. Pluribus Unum ("The more numerous the laws, the more corrupt the government." --Tacitus)
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To: Uncle Miltie
Eric Holder: You Don't Have to Enforce [Obey] Laws You Disagree With
3 posted on 06/17/2014 11:39:45 AM PDT by Servant of the Cross (the Truth will set you free)
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To: Uncle Miltie

But didn’t they ACCIDENTALLY delete them? Lol! If so, then no crime has been committed.


4 posted on 06/17/2014 11:42:17 AM PDT by mothball
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To: Uncle Miltie

.... There needs to be a serious investigation of all of this. This is not just about the magically convenient loss of Lerner’s email .... as it turns out the IRS also says it accidentally lost e-mails from SIX more employees involved in the targeting of conservative groups. The only place in the universe that this could happen is in the world of magical moonbeams, unicorns, candy rainbows and fairy dust..... Yup ....it’s called Obama’s World


5 posted on 06/17/2014 11:43:40 AM PDT by R_Kangel ( "A Nation of Sheep ..... Will Beget ..... a Nation Ruled by Wolves.")
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To: Uncle Miltie

Start jailing any IT professional that works for the government who says, “everyone involved in the IRS targeting had their hard drives crash, we lost all the email and the backups were destroyed” and watch how fast those emails appear.


6 posted on 06/17/2014 11:43:57 AM PDT by Malsua
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To: mothball

They can’t decide whether they accidentally deleted them, whether her own little PC crashed and wiped out poor little Lois’ emails, or if the dog got in there and ate them.

And they’ve come up with another six officials whose email met the same misfortune, so it must have been the dog. A lot of dogs.


7 posted on 06/17/2014 11:45:20 AM PDT by livius
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To: Uncle Miltie

Next time try Barracuda Networks.


8 posted on 06/17/2014 11:46:53 AM PDT by Buckeye McFrog
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To: livius

I know stuff like this happens. We are obviously the dumb ones who can’t accept the fact that something this remote, could actually happen in Bizarro World


9 posted on 06/17/2014 11:47:15 AM PDT by mothball
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To: Uncle Miltie
Yes but you see they really, really meant to archive those emails. And they would have, if not for that darned computer crash. It was a total accident. Nobody could have foreseen that this one random crash would destroy the very emails that were needed for the later investigation.

at least that's the story and they're sticking to it.

10 posted on 06/17/2014 11:48:28 AM PDT by DoodleDawg
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To: mothball

All servers everywhere are backed up off site regularly.

They are lying through their teeth.

There are many, many copies off on a backup drive somewhere.


11 posted on 06/17/2014 11:50:11 AM PDT by Uncle Miltie (Radicalized via the Internet)
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To: E. Pluribus Unum

Maybe someone with some cajones in DC ought to remind these punks at the IRS that if the law doesn’t apply to them, then constitutional protections don’t apply to them either.


12 posted on 06/17/2014 11:50:34 AM PDT by Texas resident (The democrat party is now the CPUSA)
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To: Uncle Miltie

Yes, and normal businesses will be fined heavily, and the CEO’s fired.
However, the irs is not a normal business. It is the instrument of an oppressive government that is in process of draining all available resources from legitimate businesses, and giving it to slackers who vote reliably democrat.


13 posted on 06/17/2014 11:57:36 AM PDT by I want the USA back (Media: completely irresponsible. Complicit in the destruction of this country.)
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To: Uncle Miltie

I bet that a sharp IT specialist can retrieve all these files with no problem.


14 posted on 06/17/2014 12:03:52 PM PDT by 353FMG
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To: Uncle Miltie

If it is jailtime for shredding documents in defiance of a Federal Law (which you will hope becomes “accidental” or jailtime for committing criminal actions against Americans and lying before Congress about it(which will be construed as nothing but deliberate), which would you prefer?


15 posted on 06/17/2014 12:07:01 PM PDT by bestintxas (Every time a RINO bites the dust a founding father gets his wings)
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To: Malsua

But what if some hooligan intruders smashed all the hard drives and destroyed all the evidence?


16 posted on 06/17/2014 12:09:22 PM PDT by 353FMG
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To: Uncle Miltie

I believe that the federal courts traditionally side with the IRS on pretty much everything they do, right up to the SCOTOS.

The IRS collects the money for their individual paychecks, after all.


17 posted on 06/17/2014 12:11:15 PM PDT by Steely Tom (How do you feel about robbing Peter's robot?)
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at best the emails are retrievable(as they should be), at worst the head of the NSA,CIA,FBI or other relevant Govt. Dept., took care of the matter in a very thorough way.

Our govt. has been corrupted under Obama, but the actual breadth and depth remains to be seen.


18 posted on 06/17/2014 12:12:44 PM PDT by RBStealth (--raised by wolves, disciplined and educated by nuns.)
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To: 353FMG

Sorry, all the really sharp IT specialists are busy destroying the records and covering their tracks and those of the people responsible.


19 posted on 06/17/2014 12:13:59 PM PDT by rdcbn
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To: mothball

The e-mails were never deleted, accidentally or otherwise. They are still there, but they are buried under several layers of concealment, not exactly encryption, but disguised under phony URLs that misdirect any simple attempt to retrieve them. A “Page not found” message or similar response has probably been incorporated in the URL that was supposed to take the search to the “missing” e-mails.

This sort of ruse has been used before, in a very physical manner, when the billing records of the Rose Law firm for the work product of one Hillary Rodham Clinton during her term of employment went missing for some time, before they mysteriously appeared on a coffee table in the White House.

Three-year-olds trying to avoid punishment from their parents for the damage or destruction of items in the front room are more inventive in creating their evasions.

A simple request to “stop pulling this crap” should be enough when there are adults in the room. Backed up with severe consequences for non-compliance.

Then impose the consequences.


20 posted on 06/17/2014 12:16:36 PM PDT by alloysteel (Selective and willful ignorance spells doom, to both victim and perpetrator - mostly the perp.)
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To: Uncle Miltie

obama’s administrative team doesn’t need to follow any stinkin’ laws. Those laws are only for the little people.


21 posted on 06/17/2014 12:49:19 PM PDT by freeangel ( (free speech is only good until someone else doesn't like it)
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To: Uncle Miltie

The emails are not lost. They are being withheld. Every time we acknowledge the premise that they are lost, we allow the perpetrators to define a false narrative which allows them to continue withholding the emails.


22 posted on 06/17/2014 1:44:04 PM PDT by webheart (We are all pretty much living in a fiction.)
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To: Uncle Miltie

This just made me realize that this can be a twofer for them... The excuse that they lost the info.. AND.. MORE Internet intrusion laws to come FROM this >.<


23 posted on 06/17/2014 1:50:27 PM PDT by Bikkuri (Molon Labe)
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To: Uncle Miltie

My guess is that the whitehouse ran this story by Leaders of congress before they outed it. They are already assured by those leaders that they will get away with it.


24 posted on 06/17/2014 6:27:53 PM PDT by Revel
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To: Uncle Miltie
All servers everywhere are backed up off site regularly.

They are lying through their teeth.

There are many, many copies off on a backup drive somewhere.

That's why it took a year for them to respond that the emails were "lost". They've been tracking down and deleting them from dozens of locations!

Enough already; take the b@$t@rd$ out back and shoot 'em!

25 posted on 06/18/2014 6:32:54 AM PDT by JimRed (Excise the cancer before it kills us; feed & water the Tree of Liberty! TERM LIMITS NOW & FOREVER!)
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To: mothball

Yeah, and Nixon’s secretary accidentally erased 18 minutes of the Watergate tapes, too.


26 posted on 06/18/2014 6:32:57 AM PDT by conservatism_IS_compassion ("Liberalism” is a conspiracy against the public by wire-service journalism.)
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