Re: RIAA Preservation Letter

[Kathy Bergsma <kbergsma () UFL EDU>]

I think e-Discovery only applies if you're party to lawsuit, therefore it should
not apply to the preservation notices.

Howell, Paul wrote:
> WRT log retention practices, how does the impending litigation the RIAA
> notice suggests jive with the E-discovery rules?  I know this is a legal
> question and not a technical one.  When I asked our attorneys, I was
> told that E-discovery probably applies.
>
> Do your attorneys say something different?
>
> Paul Howell, CISSP
> Chief Information Technology Security Officer
> The University of Michigan
> Contact information is at: http://tinyurl.com/477bc
>
>
>
>
>
> > -----Original Message-----
> > From: Dick Jacobson [mailto:Dick.Jacobson () NDSU NODAK EDU]
> > Sent: Tuesday, May 15, 2007 1:52 PM
> > To: SECURITY () LISTSERV EDUCAUSE EDU
> > Subject: [SECURITY] RIAA Preservation Letter
> >
> > This just does not want to go away. 8-0
> >
> > I have been asked to put together a procedure for responding to the
> > different notices from the copyright holders or their agents
> > and to find
> > out what others are doing.  The discussions now are with the
> > attorneys
> > (plural).
> >
> > The Takedown notices and Pre-Litigation notices are not
> > causing as much
> > conversation as the Preservation notice.
> >
> > First, it is understood that we are under no obligation with
> > regard to
> > these notices and will not alter our log retention practices from our
> > stated policy in order to accomodate the notice.
> >
> > Not so clear is if we should identify the individual and notify the
> > individual that we received the notice.
> >
> > One of the attorneys has suggested that the Preservation
> > notice gives us
> > knowledge of the activity and we should treat it the same as
> > a Takedown
> > notice.
> >
> > I am interested in both your thoughts and your stated process
> > for these.
> >
> > --------------------------------------------------------------
> > ---------
> > Dick Jacobson                   e-mail : Dick.Jacobson () ndus NoDak edu
> > NDUS IT Security Officer        office : IACC 206, NDSU
> > ND HECN MultiUser Host SysAdd   phone  : 701-231-7385
> > --------------------------------------------------------------
> > ---------

--
Kathy Bergsma
UF Information Security Manager
352-392-2061