On Thu, Sep 06, 2007 at 10:45:01PM +0200, [EMAIL PROTECTED] wrote:
> >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.
> 
> But only if you were told you needed to retain the data in the
> first place.  How can you be faulted for not keeping data you
> did not have a use for and nobody told you should be kept.

That's the "whether web site access logs be retained is a political
(statutory) issue" part.  Not knowing the law isn't a defense either.
The order quite clearly refers to the log data in question as "relevant"
(e.g., page 11) -- presumably it is because some law said so and the
defendant should have known it.  Or perhaps the judge isn't merely
technically illiterate.

> >Should web site access logs be retained?
> 
> If you have them (note that with a load balancer front-end, it is
> unclear whether such logs do actually exist)  The loadbalancer may
> know who accesses the data but only the backend may know which
> data is accessed.

If the law says you should have them and this is implementable at
reasonable cost, then you should.
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