01/22/2009

emails and e-discovery the sage continues

First, we would appeal to all network administrators to set up a system of emailarchiving that archives all incoming and outgoing mail. This is the only way to set up a system that will prevent such incidents from happening and will take only minutes to give clear answers in such investigations. If you have an Exchange this will be easy,  some antivirus or antispamproducts have an integrated solution and there are also products on the market that intercept all mails and send one copy to a storage infrastructure. If you want to play safe you better chose a product that is sold and used in the US as their e-discovery rules there are more strict. In Belgium there are no general e-discovery rules and standards. It is time to have some or to translate and adapt the American ones.

Secondly we said from the beginning that the newspapers who were publishing these mails from  the different cases (Fortis, Internal affairs of the Police,....) did something very dangerously when they published mails of which they were not 100% sure that they were genuine. This also counts for politicians.... Maybe you are just a puppet in a game you don't understand.

Thirdly we said that if we were the victim of such a publication, we would sue because according to the Belgian Cybercriminality law those emails were stolen and even the publication of them could pose legal problems as the emails were stolen.

Fourth you should place an emaildisclaimer on all your emails making sure that "no publication or redistribution is granted unless it is explicitly accepted in writing by the author" or something of that kind. THis will make journalists unsure so they will have to consult their lawyers who will say they have no right to publish them and that the firm could risk huge costs and loss of time in court. In these hard times even the press will think hard about that before publishing emails of which they aren't sure that they are genuine.

All this said and done. Today one of the principal players in the so called scandals about the nominations in our Police Department has filed a complaint because according to him the mails were stolen from a computer of a friend who works in the Internal Control department (security ?) and were falsified afterwards. The newspapers that published them are also concerned.

We thank the chief of the Brussels Police Corps Van Wymersch for this initiative as it will make clear to everybody that we need clear rules about emailarchiving, e-discovery and security of our emailtraffic.

And last but not least. Emails don't die. Never write in an email what you don't want to become public later. Send it to yourself before sending it to anyone else, or use the draft. Or write it down and destroy the paper afterwards. Burn it. Whatever.

Permalink | |  Print |  Facebook | | | | Pin it! |