>> Unlike...  um,  anyone  on  this list, it seems... I know firsthand
>> what SEC and NASD think of homegrown "compliance" solutions.

> That's why you pay someone else to do it and insist that they slap on a
> fancy name like "Perfect Super Uber E-mail Compliance Archive System".

If  it's  hosted  in-house,  it's  easy  to  tell  that it's homegrown
(because  the fact that it's in-house alone is often illegal). Really,
I  get  the  feeling you don't really know what passes muster and what
doesn't,  but  you're  frustrated  that a big (biggish, they're really
quite  small  in  personnel) company like GlobalRelay might be getting
some props.

I  know  you're  healthily  skeptical  of big shops hosting ostensibly
premium  software,  because  of  your  hosting  business  and boutique
approach.  But  that  doesn't  let  you blindly extend your dismissive
brush  to  other  lines  of business. Some other people know much more
about  compliance,  and  they  sure  ain't using VBScript to do it. 10
hours? You must be smokin' that good-good!

> ...no one should invest in something that doesn't meet regulations.

Yeah!

> I  do  have  some  experience  with  the  feds, and I did work for a
> multi-billion  dollar  corporation  where  my  immediate boss was in
> charge  of  E-mail  for the entire company, and we were always being
> sued  by  someone.

Well,  if  you  haven't  been  a  primary  participant in a compliance
audit/investigation  *specifically*  of  e-mail  archives,  you aren't
speaking  from experience. I have been part of several such processes.
That experience is where I've always been coming from on this issue: I
wouldn't  raise  a peep if I hadn't been much more intimately involved
than anyone else here.

> That  was  pre-SOX though, but we all knew it was coming and that it
> mostly just clarified retention policies by better defining what was
> classified  as  a  covered  communication.

If   everyone's   best   guesses  were  accurate,  there  wouldn't  be
million-dollar fines handed out for inadequate archiving.

> I  also have a good friend deals with bank audits on a regular basis
> as  well  as  SOX compliance. When audited, they will always point a
> list  of things out, and they can find fault with anything that they
> choose  to  find  fault  with.  The  real trick is ensuring that you
> aren't grossly negligent.

The  "real  trick"  is  not  trying to do compliance on the cheap, but
understanding  why  it  exists. Know your history. If one can't handle
the  budgetary  heat  of  being  in a regulated business, but one is a
somewhat  honest person, get out of the kitchen. On the other hand, if
one  is  dishonest  --  if  one  doesn't think late trading and market
timing  are  as immoral as non-violent business gets, and if you don't
think  it's  worth  fighting for fair business practices, even if that
means you make some sacrifices because of others' evils -- do everyone
a favor and just walk off a cliff.

> Also note that congress didn't even specify retention periods within
> SOX or methods of retention, this was all inferred after the fact by
> combining   aspects  of  various  laws  and  regulations,  and  they
> certainly  didn't  endorse  a  particular  product  for  providing a
> solution.

Yeah, that's why my involvement in ACTUAL audits -- the law as applied
-- is what I draw on in my responses.

> With  all  of  that  said,  I  believe  that what one does should be
> compatible  with  the  dynamics  of  one's  business.  For  a single
> location  entity with less than 200 employees, clearly a less robust
> solution  could  manage  the task, and it could be home grown.

You  seem  to think that # of locations or # of employees is relevant.
That's  a  joke! Look at the mutual fund scandals of a couple of a few
years ago, which led to many e-mail audits. Do you understand how many
single  locations  with < 50 heads were involved? Didn't think so. And
have  you pieced together why late trading was worth every penny spent
on   its   investigation   and  prosecution,  and  subsequent  tighter
regulation?  Here's one way of looking at it: Ever see the show "Early
Edition"?  Now,  imagine if the everyday hero if that show had instead
been the Eye of Sauron.

--Sandy


------------------------------------
Sanford Whiteman, Chief Technologist
Broadleaf Systems, a division of
Cypress Integrated Systems, Inc.
e-mail: [EMAIL PROTECTED]

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