Lawsuits are expensive -- so don't let your content spiral out of control! Six steps to handle that pesky "content on the edge"
Every year, businesses around the world create more than 7.5 billion
documents. Many of these documents live “on the edge”—in laptops, wikis, cell
phones, USB drives, instant messages, etc.—floating on the Internet or other
hard-to-reach places well out of control. While few of these constitute true
business records, many organizations are learning that they can have a huge
impact on litigation, regulatory discovery, and privacy breaches.
What is the Edge and why Should We Care?
Companies have
long created, managed, and secured documents within official document
repositories including email servers, corporate file servers, relational
database, and other applications housed and controlled within the four walls of
the data center. With the advent of the Internet and then mobile computing, that
began to change. Email on cell phones, instant and text messages, laptops, home
PCs, and even USB drives have created a type of document diaspora where
centrally created information migrates outward. These mobility technologies have
advanced much faster than companies’ ability to control information moving
across them. Employees want, demand, and often get unfettered access to the
edge. If denied, they often find a way around restrictions. The edge grows
yearly.
Very few documents on the edge are true business records. These few business
records that do make it out to the edge typically are copies of documents
already in repositories—so why care? While the edge has few records, it does
have many, many documents that may contain significant amount of discoverable or
sensitive information. What is out there, and your inability to find it quickly,
can hurt you. These documents are subject to litigation discovery, regulatory
discovery (yes, regulators can request you produce non-records), and some can
contain private or other sensitive information.
Documents on the edge are particularly sensitive during
litigation discovery for two reasons: First, identification and collection of
documents on the edge can be expensive and timeconsuming. Discovery often
constitutes more than 50 percent of the cost of litigation, often driven by the
sheer volume of documents that must be collected and reviewed. It’s very
difficult to discover against the edge quickly. Content is the other risk.
Employees say the darnedest things on text messages, statements they would never
commit to paper or proclaim as company policy. (See
“Detroit Mayor Learns the
Hard Way,” at bottom of this page).
These
documents, which the authors never deemed would be considered a business
document, sometimes come back to haunt both employer and employee. Many
information managers understand the risk that the edge poses. However, often
this problem seems so large that companies freeze—either overwhelmed by the
complexity of the task or waiting for a perfect solution. That’s a mistake. Take
steps now to minimize the risk at your company.
1. Map your devices (don’t be in denial)
If you believe
your employees have only a few access paths to the edge, you’re most likely
wrong. Employees have a variety of tricks for accessing the edge, including
“unapproved” cell phones with email (especially iPhones), utilizing proxy
servers, creating separate archive-only Gmail accounts, etc. There are many
devices that you don’t control that can connect to your system if you open
access for some devices.
Map those devices and all the creative ways employees can access the edge. Be
honest—while you may have a corporate policy restricting employees to one type
of cell phone, how many carry a second “personal” phone, which still accesses
the corporate email server? How common are USB drives?
2. Capture is half the battle
Half of the battle for
managing the edge is finding documents already there. Litigators are often
fearful of missing something during discovery, and know that many of these
reside on the edge. Therefore it is not atypical during document discovery for
companies to impound and search cell phones, laptops, and even home PCs.
Regardless of whether what you find is helpful or hurtful, often the cost of
discovery on the edge is in itself the most burdensome. Many organizations are
capturing and copying emails, text messages, instant messages, and other
information as it moves out of control, often synchronizing these with existing
document repositories. These repositories then represent the copy of record, and
any discovery can be performed against them. There is no need to chase down
someone’s laptop, because a copy already exists in your repository.
Unfortunately, often the ability to capture documents requires purchasing
someone’s software. However, many newer messaging systems, such as those for
in-house instant messaging (IM), for example, have logging capability built in.
3. If you can’t stop it monitor it
Once a message or
document is created, it is often difficult to stop or control it. Often the best
way to stop hurtful information passing over the edge is to make employees wary
of ever sending it in the first place. We have found that if employees know
their communications are being monitored, they are much more likely to send more
appropriate, less hurtful information. Increasingly many organizations are
logging information at the edge, and retaining this for some indefinite period
of time (usually a few months). This information is available for review by
their manager or HR. Even if these documents are rarely reviewed, the threat
that they might be often is enough to curb bad practices. This review need not
be limited to just email messages, but also other media including IM, text
messages, wikis, etc.
Can You Lock Everything Down?
Some organizations take the position
that all documents at the edge
represent an unacceptable risk, and
attempt to lock everything down
through a combination of processes
and tools. This includes implementing
filtering on outgoing email or
denying users access to USB drives
on their PCs.
This is often supported by the use of Data Loss
Protection (DLP) software and other tools. While for certain organizations
preventing certain types of information from going over the edge (think of
customer social security numbers in a financial institution), trying to
block all access to everything can be difficult at best. The emerging best
practice is to block the easily defined, most critical information
(typically privacy-related), while allowing surveillance for the rest. As
with any good strategy, there's a balance
here.
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4. Instant messaging: your biggest risk?
Measured on a
per-message basis, instant messages (IM) represent more risk than almost any
other medium. Employees send IMs quickly, often without considering either what
they’re saying or whether it’s appropriate. They view these messages as
ephemeral and disposable. IM is neither. Regulators and courts take a very
different view, allowing the opposing side to discover this information wherever
it may reside.
Companies are taking two distinct paths for IM. One group says shut it down.
They are prohibiting employees from using IM, and blocking access to IM
providers through their firewalls. They believe in heading off trouble at the
pass. If you believe that your blocking efforts will be successful, this may be
a viable option.
Another group is taking a different tact, fearful that blocking IMs will only
lead to employees sending work-related messages from their personal accounts
using cell phones. In the words of one litigator, “The biggest thing I fear
about instant messages is when I don’t know what might be out there.” The
approach of this second group is to bring IM in-house and force employees only
to use these internal systems. With the right systems, some purposely
auto-delete messages quickly, preventing the employee from accumulating or
archiving them. Others save all messages from IM, treating them like email and
reviewing them for inappropriate language or content. Either of these approaches
will work if executed consistently.
5. E liminate (mobile) personal archives, but provide a centralized
alternative
Documents outside a centralized archive— such as PST
files or files copied to USB drives are by definition out of your control and on
the edge. To re-assert control, many organizations are eliminating these
“personal” archives. For example, many companies are prohibiting offline email
PST files. Some are taking it a step further through the use of Data Loss
Protection (DLP) software, preventing the use of USB drives and other devices,
but providing SharePoint sites instead. You want to make it hard enough for
employees to save information the wrong way, so that they will use the right
archives.
6. Train, train, train
It’s easy to become cynical about
employees and their over-the-edge tactics. To be fair, often they don’t
understand the risks and are just trying to do their jobs. The key to any
edge-control strategy is training. Employees have an interest in avoiding risk,
both for the organization and themselves. When they understand the real risks of
documents on the edge, they tend to be much more careful about what and how they
send it. Good training should include a discussion on proper email usage, the
discoverability of documents, as well as clearly separating business from
personal communication. It almost must discuss acceptable alternatives for
sharing and transmitting information.
Mark Diamond is
president and CEO for Contoural, a consulting firm
for storage issues. Mark is a leader in applying the lifecycle services approach
to storage.
Detroit Mayor Learns the Hard Way
Detroit Mayor Kwame Kilpatrick
found out about the edge the hard
way. When asked about his relationship
with his (female) chief of staff
during a whistle-blower lawsuit,
Kilpatrick denied any inappropriate
relationship. The Detroit Free Press
newspaper investigated, subpoenaing
more than 14,000 text messages
temporarily archived at the Internet
service provider through public disclosure
laws. Contrary to the mayor's
sworn testimony, the messages show
otherwise: They arranged trysts in
area hotels and on business trips
and exchanged messages that were
unmistakably sexual. The city was
slapped with a $9 million judgment,
and the mayor faces perjury charges.
Just because you don't see it doesn't
mean it's gone. |