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UN Telecom Chief Wants BlackBerry to Divulge User Data

September 4, 2010 By Leave a Comment

When it comes to data security issues, there is a blurry line between private sectors and government — particularly if the BlackBerry is involved.

The secretary-general of the U.N.’s International Telecommunications Union (ITU), Hamadoun Toure, is attempting to define that gray area in favor of his constituents, calling on BlackBerry manufacturer Research in Motion to allow government law enforcement agencies access to user information, according to The Associated Press. Toure believes that governments engaged in fighting terrorism have the right to request the customer data.

But RIM begs to differ, stating that although the company readily complies with legal requests, it is unable to relinquish data exchanged over its corporate service due to the secure design.

While the 192-member ITU holds no independent regulatory power, Toure’s comments do reflect to a degree the general sentiment of the agency’s member nations. India, Indonesia, Lebanon, Saudi Arabia and the United Arab Emirates have all considered banning the BlackBerry, citing “security reasons,” mainly terror groups’ abilities to use the device to coordinate attacks against the state.

The BlackBerry is no stranger to being the center of attention in the debate over privacy and communications. Toure’s comments toward RIM simultaneously emerged with reports that Dubai’s police chief, Lt. Gen. Dahi Khalfan Tamim, is concerned about espionage activities by the U.S. and Israel and has criticized the BlackBerry for being a spy tool.

via UN Telecom Chief Wants BlackBerry to Divulge User Data.

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International E-Discovery Compliance- Privacy First | Business44.Com – Business Site

August 21, 2010 By Leave a Comment

Outside of the United States, international data transfer laws are governed by regional, local privacy, and data protection laws. Multinational businesses must understand the implications such laws have on e-discovery. First, one must again draw distinctions between the U.S. and other nations. For example, when we are discussing “personal data” in the US, we are referring to such things as financial and medical data. Within the EU, however, personal data refers to such things as electronic mail. Privacy Directives and member state enabling legislation as data which can be traced to an identifiable individual (the “sender,” or “from” line).

The US is fairly lax in what it allows outside of its borders, boasting very little in the way of statutes preventing the transportation of data. Yet, the E.U. Privacy Directives and enabling legislation hold that personal data (again, all email), may not be sent outside the European Economic Area (the E.U. member states plus Switzerland, Liechtenstein and Norway to any country with lesser data protection than the E.U. There are only a few nations that meet the EU’s standards for data transfer: Canada, Switzerland and Argentina. And this scheme is not limited to the E.U.; Chile and Venezuela have similar restrictions, and Japan requires consent of the data subject for email to be sent outside the country.

via International E-Discovery Compliance- Privacy First | Business44.Com – Business Site.

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International E-Discovery Compliance- Privacy FirstEmail Archiving Articles | Email Archiving Articles

July 22, 2010 By 1 Comment

Outside of the United States, international data transfer laws are governed by regional, local privacy, and data protection laws. Multinational businesses must understand the implications such laws have on e-discovery. First, one must again draw distinctions between the U.S. and other nations. For example, when we are discussing “personal data” in the US, we are referring to such things as financial and medical data. Within the EU, however, personal data refers to such things as electronic mail. Privacy Directives and member state enabling legislation as data which can be traced to an identifiable individual (the “sender,” or “from” line).

The US is fairly lax in what it allows outside of its borders, boasting very little in the way of statutes preventing the transportation of data. Yet, the E.U. Privacy Directives and enabling legislation hold that personal data (again, all email), may not be sent outside the European Economic Area (the E.U. member states plus Switzerland, Liechtenstein and Norway to any country with lesser data protection than the E.U. There are only a few nations that meet the EU’s standards for data transfer: Canada, Switzerland and Argentina. And this scheme is not limited to the E.U.; Chile and Venezuela have similar restrictions, and Japan requires consent of the data subject for email to be sent outside the country.

via International E-Discovery Compliance- Privacy FirstEmail Archiving Articles | Email Archiving Articles.

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Podcast: Local E-Discovery Tools || ESIBytes

June 13, 2010 By Leave a Comment

Listen to Karl Schieneman, Director of Analytics and Review with JurInnov, talk about “Friends of E-Discovery” as a local tool to foster best local practices when tackling E-Discovery issues. Back in September, well known E-Discovery expert Tom Allman told me about a local networking group called Friends of E-Discovery he had started with Pete Pepiton in Cincinnati, Ohio. At these meetings, local lawyers from in-house and outside law firms show up and confidentially discuss their issues and ideas on how to better handle records management, legal holds, and e-discovery. I attended one of their meetings as an invited guest and was so impressed that I then set up a similar group in Pittsburgh, Pennsylvania.

Our panelists for today’s show include Doug Matthews who set up a “Friends of E-Discovery” group in Columbus, Ohio and Pete Pepiton who created the idea for “Friends of E-Discovery.” Doug Matthews is a partner in the Vorys Columbus office and a member of the litigation group. His practice focuses on employment litigation and counseling and electronic discovery matters. Doug has represented both corporate and public entities in a variety of employment-related litigation, including multiple punitive class actions. He has also advised a broad range of clients on employment-related matters and on the management and discovery of electronically stored information.

Pete Pepiton is an electronic discovery consultant and a member of both The Sedona Conference and EDRM. He has also been facilitating the establishment of “Friends of E-Discovery” groups in a variety of cities around the country. Listen to why a local group of colleagues who know each other and trust each other can develop better working relationships than can be developed at national seminars and how such a group can result in better E-Discovery education within a local market. Learn how to set up a similar group, what works in a meeting, what doesn’t work well, and why this appears to be such a useful tool for tackling e-discovery issues.

via Local E-Discovery Tools || ESIBytes.

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Podcast: Local E-Discovery Tools || ESIBytes

June 13, 2010 By Leave a Comment

Listen to Karl Schieneman, Director of Analytics and Review with JurInnov, talk about “Friends of E-Discovery” as a local tool to foster best local practices when tackling E-Discovery issues. Back in September, well known E-Discovery expert Tom Allman told me about a local networking group called Friends of E-Discovery he had started with Pete Pepiton in Cincinnati, Ohio. At these meetings, local lawyers from in-house and outside law firms show up and confidentially discuss their issues and ideas on how to better handle records management, legal holds, and e-discovery. I attended one of their meetings as an invited guest and was so impressed that I then set up a similar group in Pittsburgh, Pennsylvania.

Our panelists for today’s show include Doug Matthews who set up a “Friends of E-Discovery” group in Columbus, Ohio and Pete Pepiton who created the idea for “Friends of E-Discovery.” Doug Matthews is a partner in the Vorys Columbus office and a member of the litigation group. His practice focuses on employment litigation and counseling and electronic discovery matters. Doug has represented both corporate and public entities in a variety of employment-related litigation, including multiple punitive class actions. He has also advised a broad range of clients on employment-related matters and on the management and discovery of electronically stored information.

Pete Pepiton is an electronic discovery consultant and a member of both The Sedona Conference and EDRM. He has also been facilitating the establishment of “Friends of E-Discovery” groups in a variety of cities around the country. Listen to why a local group of colleagues who know each other and trust each other can develop better working relationships than can be developed at national seminars and how such a group can result in better E-Discovery education within a local market. Learn how to set up a similar group, what works in a meeting, what doesn’t work well, and why this appears to be such a useful tool for tackling e-discovery issues.

via Local E-Discovery Tools || ESIBytes.

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Status Of E-Discovery Law: A Judicial Perspective On The Cur

April 5, 2010 By

The Editor reports on comments by Hon. Shira A. Scheindlin, United States District Judge, Southern District of New York during a webinar entitled Electronic Discovery Guidance 2009: What Corporate and Outside Counsel Need To Know presented by the Practising Law Institute. To purchase the complete webinar or only Judge Scheindlin’s segment visit http://www.pli.edu/product/clenow_detail.asp?id=47794&t=DAJ0_8MCC1 .

Judge Scheindlin wrote the influential Zubulake opinions (as well as, most recently, Pension Committee v. Banc of America. that remain persuasive authority throughout the country today. She was nominated to the bench by President Bill Clinton in 1994. Before taking her seat on the bench she worked as a prosecutor, a commercial lawyer and a special master and magistrate judge in the Eastern District of New York. She was a special master in the Agent Orange Mass Tort Litigation. She has presided over a number of high-profile cases, many of which advance important new positions in the common law. She is also an adjunct professor at Brooklyn Law School and a frequent lecturer on the subject of e-discovery.

Judge Scheindlin has been a member of the Judicial Conference of the United States Advisory Committee on the Federal Rules of Civil Procedure. She is also a member of the American Law Institute, where she is a member of the Advisors' Consultative Group on the Aggregate Litigation Project. She is a prolific author, including a recent case book entitled Electronic Discovery and Digital Evidence : Cases and Materials .

Judge Scheindlin began her one-hour segment of the webinar by mentioning that each time she speaks at this conference she initially considers providing a review of the most interesting cases involving ESI that have been issued during the past year. But as she reviews the cases, she quickly gives up on that idea because some topics leap out as requiring a more in-depth discussion than others. As a result, she always ends up choosing what she believes are the few topics that really deserve careful and full treatment and that this year she has selected three topics.

She began with the thorny issues raised by Federal Rule of Evidence 502, which she reviewed in some detail. Next, she discussed the duty to preserve and the adequacy of litigation holds. Her last topic was cloud computing. There is a thirst for knowledge about what cloud computing is and its potential effect on litigation issues, including cross-border discovery.

via Status Of E-Discovery Law: A Judicial Perspective On The Cur.

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