On Thu, Sep 06, 2007 at 04:16:50PM -0400, Jonathan Edwards wrote:
> On Sep 6, 2007, at 14:48, Nicolas Williams wrote:
> >Allowing for technical illiteracy in judges I think the obvious
> >interpretation is that discoverable data should be retained and that
> >"but it exists only in RAM" is not a defense, and rightly so.
> 
> hang on .. let me take it out and give it to you ..
> 
> I'm thinking this seems to get into v-chip territory, or otherwise  
> providing a means for agencies to track information that might have  
> passed through a system .. err, for the safety of our children and  
> such :P

That "but it existed only in RAM in my servers" should not be a defense
for failing to retain discoverable evidence is distinct from the issue
of what constitutes discoverable evidence.

Should web site access logs be retained?

That seems like a political issue to me, but if some statute says that
they must be retained then "but a power outage ate my RAM's contents"
shouldn't cut it as a defense.

Isn't that obvious?  Or must one be a lawyer to understand that down is
up?
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