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 ...
But didn’t they ACCIDENTALLY delete them? Lol! If so, then no crime has been committed.
.... 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
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.
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.
Next time try Barracuda Networks.
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
at least that's the story and they're sticking to it.
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.
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.
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.
I bet that a sharp IT specialist can retrieve all these files with no problem.
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?
But what if some hooligan intruders smashed all the hard drives and destroyed all the evidence?
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.
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.
Sorry, all the really sharp IT specialists are busy destroying the records and covering their tracks and those of the people responsible.
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.
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