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WHITE PAPER




                                  File Archiving: The Next
                                     Big Thing or Just Big?
ON                                                 An Osterman Research White Paper
                                                                       Published December 2012

                                                                                   SPONSORED BY




                 sponsored
          SPON




                   sponsored by
                                                                                   Osterman Research, Inc.
                                                 P.O. Box 1058 • Black Diamond, Washington • 98010-1058 • USA
                                   Tel: +1 253 630 5839 • Fax: +1 253 458 0934 • info@ostermanresearch.com
                                                          www.ostermanresearch.com • twitter.com/mosterman
File Archiving: The Next Big
                                                                                            Thing or Just Big?


EXECUTIVE SUMMARY
Although many organizations still do not archive email, email archiving has become
an accepted best practice at the majority of mid-sized and large organizations.
Because email contains the primary record of communications and collaboration for
most organizations, archiving this rich source of content is essential for compliance
with regulatory obligations, legal requirements, data mining and other purposes.

Interestingly, however, email is not the primary source of electronic content in most
organizations. Instead, files – word processing documents, spreadsheets,
presentations and a wide variety of user-generated content – are the most pervasive
type of content retained in the typical organization.


Volume of Electronic Content in the Typical Organization by Location




                                                                                            Email is not the
                                                                                            primary source
                                                                                            of electronic
                                                                                            content in most
                                                                                            organizations.
                                                                                            Instead, files –
                                                                                            word processing
                                                                                            documents,
                                                                                            spreadsheets,
                                                                                            presentations and
                                                                                            a wide variety of
                                                                                            user-generated
Source: Osterman Research survey, October 2012
                                                                                            content are the
                                                                                            most pervasive
                                                                                            type of content
KEY TAKEAWAYS
•   Organizations are at serious risk if they do not archive electronic content in          retained in the
    compliance with regulatory, legal and industry best practices.                          typical
•   In some respects, file content is more difficult to archive than email because it       organization.
    can be created and stored in a large number of venues, both within and outside
    of IT’s control. The Bring Your Own Device (BYOD) phenomenon, coupled with
    rapid growth in the amount of file content being stored, is exacerbating the
    problem.

•   Files, as the largest single source of archivable, electronic content within most
    organizations should be a top priority for retention in conjunction with email.

ABOUT THIS WHITE PAPER
This white paper discusses best practices for archiving file-based content and offers
some recommendations about how organizations should manage the increasing
growth of files. This document also provides a brief overview of the sponsor of this
paper, EMC, and the company’s relevant solutions.




©2012 Osterman Research, Inc.                                                           1
File Archiving: The Next Big
                                                                                                Thing or Just Big?


DRIVERS FOR ARCHIVING ELECTRONIC
CONTENT
While the reasons for and benefits from archiving will be different for IT than they
will be for legal, compliance or other functions within an organization, archiving and
related issues should be top of mind for every function that creates and/or manages
electronic content. For example, IT may not be concerned about the specific legal
obligations that an organization has to preserve content, but they must preserve it.
Legal may not care about the specific archiving technologies in place, but their focus
must be on the legal reasons behind content preservation. Similarly, users may not
care about the legal obligations or technologies, but they must be involved in
preserving relevant content.

LEGAL CONSIDERATIONS
Virtually every business will eventually become involved in a lawsuit, either as a
plaintiff, a defendant or as an involved third party. According to a survey on litigation
trends by the law firm Fulbright & Jaworskii, more than four out of five US companies
surveyed are involved in litigation, while about one-half as many companies surveyed
initiated at least one lawsuit. Consequently, the likelihood of facing an eDiscovery
request is quite high.

When litigation is reasonably anticipated, an organization has an affirmative duty              An organization
under the Federal Rules of Civil Procedure (FRCP) to preserve relevant evidence, such           has an
as emails, files, databases and other content that may be necessary to produce
during the litigation process. This duty to preserve generally commences when a                 affirmative duty
party knows, or reasonably should have known, that litigation may be forthcoming.               under the
When a legal hold is necessary, it is imperative that an organization retain all relevant
data, such as all email sent from senior managers to specific individuals or clients,           Federal Rules of
word processing documents that may contain corporate policy statements, and so                  Civil Procedure
forth.
                                                                                                (FRCP) to
Significant consequences can result from a failure to preserve possibly relevant                preserve relevant
evidence. Courts have discretion to impose a variety of sanctions, including fines,
additional costs for third parties to review or search for data, or even criminal               evidence, such as
charges. For example, a court found that Samsung, in its recent litigation with Apple,          emails, files,
had a duty to impose a legal hold on relevant email beginning in August 2010.
However, Samsung did not disable its email system’s auto-delete capability and so               databases and
was not able to produce relevant email that Apple had requested, which could have               other content
resulted in an adverse inference instruction to the jury in the case. However, the
Court determined that Apple had also acted badly, and so did not provide this
                                                                                                that may be
instruction for either party.                                                                   necessary to
As another example, in the case of Pension Comm. of Univ. of Montreal Pension Plan
                                                                                                produce during
v. Banc of Am. Sec., LLC, 685 F. Supp. 2d 456, 470 (S.D.N.Y. 2010), the court                   the litigation
awarded an adverse inference sanction because a party acted with gross negligence
(as opposed to willfulness) in failing to preserve electronic documents. The court
                                                                                                process.
reasoned that ‘‘contemporary standards’’ of discovery rendered the failure to preserve
and collect electronic files ‘‘grossly negligent’’ and therefore worthy of the severe
sanction of an adverse inference, even without proof of intentional misconduct. At a
minimum, an organization that cannot produce data when required will suffer a
damaged corporate reputation.

Another consideration for archiving electronic content from a legal or regulatory
perspective involves senior management’s and/or legal counsel’s ability to conduct
more formal early case assessments in response to concerns about employee
behavior, allegations of wrongdoing, and the like. Having all relevant electronic
content – files, emails, instant messages, etc. – enables reviewers to investigate
issues of concern quickly and easily before the litigation process begins and may save
time and money en route to the situation’s most logical business conclusion – defend
or settle.



©2012 Osterman Research, Inc.                                                               2
File Archiving: The Next Big
                                                                                                Thing or Just Big?

Similarly, an archiving capability for all relevant electronic content enables the
development of early insight into a case on an informal basis. For example, if an
organization suspects that it might be involved in litigation at some point in the
future, senior managers, legal counsel or even departmental managers can conduct a
preliminary form of early case assessment to determine if there are issues about
which to be concerned. In the absence of a robust archiving capability, conducting
this sort of analysis would be difficult, if not impossible. While many organizations
have an archiving capability that enables this sort of activity for email, fewer have the
capability to do so for files.

REGULATORY COMPLIANCE
Electronic records that pertain to an organization’s business activity are subject to
regulatory compliance obligations, which vary widely by industry and jurisdiction.
These regulations require the retention of content like financial documents, email,
instant messaging and social correspondence and employee and client records. In
fact, the Supreme Courts of both Arizona and Washington State have ruled that even
metadata must be retained as part of the record of information archived.

Among the most heavily regulated industries worldwide is the financial services
industry, particularly broker-dealers and investment advisers. In the United States,
regulations issued by the Securities and Exchange Commission (SEC) and the
Financial Industry Regulatory Authority (FINRA) require members of national
securities exchanges, brokers and dealers to preserve securities transaction records            Consequences to
for a minimum of six years, the first two years in an easily accessible place. The new
Dodd-Frank regulations related commodities/swaps and hedge funds will create                    financial services
similar content management requirements.                                                        firms for failing
As but one example of the need to archive files, NASD Rule 2210(1)(b) requires that             to comply with
advertisements and sales literature be filed with FINRA’s Advertising Regulation                retention
Department – best practice dictates that this content also be archived internally, as
well. Underscoring the importance of retaining this content, the firm Hedge Fund                obligations can
Capital Partners, LLC and one of its registered principals were sanctioned for, among           be severe and
other things, failing “to retain institutional sales materials”ii.
                                                                                                typically involve
In Canada, records of purchase and sell orders of securities must be retained for               the imposition of
seven years, the first two years in an easily accessible location. In the United
Kingdom, investment service and transaction records must be retained for a minimum              significant
of five years.                                                                                  financial
Consequences to financial services firms for failing to comply with retention
                                                                                                penalties.
obligations can be severe and typically involve the imposition of significant financial
penalties. For example, FINRA imposed a $700,000 fine on brokerage firm Piper
Jaffray in May 2010 when the firm failed to produce 4.3 million emails sent and
received between 2002 and 2008.

Brian L. Rubin, a member of the law firm Sutherland Asbill & Brennan LLP and former
FINRA deputy chief counsel for enforcement, expects FINRA to maintain its attention
on brokerage firms’ content retention processes and strengthen its examination
process of brokerage firms that fail to follow up on glitches in their retention systems.
It is important to note that while much of the attention from regulators focuses on
email and other forms of communication, files that contain business records – such as
advertising literature – are also subject to retention by regulators.

Also heavily regulated is the healthcare industry. For example, under the “privacy
rule” of the Health Insurance Portability and Accountability Act of 1996 (HIPAA),
health care providers are required to protect patients’ electronic health information
from unauthorized users and to retain such information for six years. Noncompliance
with these HIPAA requirements could result in fines of up to $50,000 per violation, or
criminal penalties of $250,000 and up to 10 years in prison for violations based on
intent or malice. Here again, files are just as important a consideration for retention
and privacy as emails and other forms of communication.



©2012 Osterman Research, Inc.                                                               3
File Archiving: The Next Big
                                                                                               Thing or Just Big?


IMPROVED IT MANAGEMENT
An organization need not have billions of files to experience significant electronic
content storage growth. Because content growth is increasing at roughly 25% per
yeariii, a terabyte of content today will swell to more than three terabytes within five
years at this growth rate. This creates enormous problems for IT administrators who
must manage the growth and make the content accessible across the organization,
often for long periods of time. Problems in managing such enormous growth of
content include more time devoted to storage management, longer backup windows,
longer restores after a server crash, and a greater proportion of the IT budget
devoted to storage and storage management.

The rapid growth in storing and managing files has also rendered the simple tape
backup an outmoded method for meeting legal discovery and regulatory retention
requirements and gaining access to electronic content stored in a typical
organization’s file system. Moreover, backups are more difficult to manage because
they require greater IT staff involvement and create long periods of server downtime
in the event of a server crash or other technical problem.

The costs of sifting through content stored on backup tapes can average $500 to                The rapid growth
$1,000 per gigabyteiv, which could amount to a six- or seven-figure cost for even              in storing and
small organizations that could generate several terabytes of such data. Reviewing
information on backup tapes is no easy task. For example, a compressed LTO-3 tape              managing files
can hold 750 gigabytes of email, or approximately 56 million printed pages of text.            has also rendered
Given these inherent limitations of backup tapes, organizations today require a more
suitable solution for satisfying electronic content retention obligations.                     the simple tape
                                                                                               backup an
END USER SELF SERVICE
The vast majority of IT staff members would agree that end-user requests for
                                                                                               outmoded
recovering missing or deleted electronic content is among the least pleasant aspects           method for
of their work. Other than the difficulty associated with recovering such content, the
time it takes for IT staff to complete those tasks takes away from other tasks that
                                                                                               meeting legal
they could be performing to enhance the organization’s productivity. In some cases,            discovery and
the job of IT staff is made even more difficult when content is not stored in a
centralized repository. During difficult economic times, IT departments are even
                                                                                               regulatory
more overworked and have even fewer people to handle these types of requests.                  retention
A content archiving system that is accessible to end users can help them to recover
                                                                                               requirements and
their own missing content, alleviating IT from this burden and making IT staff more            gaining access to
productive.                                                                                    electronic
THE PAINS OF eDISCOVERY FOR IT                                                                 content stored in
Searching and restoring electronic files from various sources (PCs, servers, and               a typical
backup tapes) can be a difficult and cumbersome process. Every time an
organization faces a lawsuit or regulatory request for information, its IT staff must go       organization’s
through multiple steps to preserve and extract electronic content. These steps include         file system.
initiating a litigation hold, then finding, restoring, cleansing and de-duplicating
electronic content residing within every content source. These steps must be
repeated for every file, backup tape, .PST file, etc. – for each discovery request. This
is especially burdensome since even a relatively small organization can face one or
more e-discovery requests each month.



FILES ARE A GROWING PROPORTION OF MOST
ORGANIZATIONS’ CONTENT
NEARLY ONE-HALF OF CONTENT IS ON FILE SERVERS
An Osterman Research survey of small, mid-sized and large organizations conducted
during October and early November 2012 found that nearly one-half of the typical
organization’s electronic content is stored on file servers (used to store electronic




©2012 Osterman Research, Inc.                                                              4
File Archiving: The Next Big
                                                                                             Thing or Just Big?

files, such as documents, videos, images, databases, etc.), while another 35% of
content is stored in email systems, as shown in the following figure.


Distribution of Electronic Content in the Typical Organization




                                                                                             While the
                                                                                             majority of files
                                                                                             in most
                                                                                             companies are
                                                                                             stored on IT-
                                                                                             managed file
FILES ARE STORED IN A VARIETY OF LOCATIONS                                                   servers, many
While the majority of files in most companies are stored on IT-managed file servers,
many files are created and stored “in the wild” – i.e., on devices and in applications       files are created
that are not always under the direct control of IT. These file-generating sources            and stored “in
include company-supplied mobile devices like smartphones and tablets, personally
owned smartphones and tablets, social media sites and the like. Moreover, a                  the wild” – i.e.,
significant percentage of many organizations’ files reside in repositories that are          on devices and in
deployed and managed by individual users, such as Dropbox, Box.net, Skydrive,
Google Drive, Google Docs and other cloud-based repositories. For example, an                applications that
Osterman Research study of the BYOD phenomenon found that a large proportion of              are not always
users employ personally owned mobile devices for work-related purposes, and that
many employees use cloud-based repositories without IT’s blessing, as shown in the           under the direct
following table and figure.                                                                  control of IT.

Penetration of Cloud-Based Applications by Organization Size
As a % of Organizations

                                           Up to 99       100-999        1,000+
 Tools          Status of Use             Employees      Employees      Employees
 Dropbox        Used w/IT’s blessing         40%            21%            14%
                Used w/o IT’s blessing       32%            49%            44%
                Not used                     28%            30%            42%
 Google         Used w/IT’s blessing          24%            12%             10%
 Docs           Used w/o IT’s blessing        19%            39%             42%
                Not used                      57%            48%             48%
 YouSendIt      Used w/IT’s blessing          18%            8%              4%
                Used w/o IT’s blessing        14%            17%             22%
                Not used                      67%            75%             73%




©2012 Osterman Research, Inc.                                                            5
File Archiving: The Next Big
                                                                                                Thing or Just Big?

Use of Personally Owned Mobile Devices for Work-Related Purposes
by Organization Size (As a % of Organizations)




                                                                                                62% of
                                                                                                organizations
                                                                                                permit their users
                                                                                                to store content –
                                                                                                primarily files –
MOST FILES ARE ONLY PARTIALLY MANAGED
                                                                                                locally, such as
Another serious problem facing virtually every organization is that many files are only         on their desktop
partially managed. For example, an Osterman Research survey conducted in
November 2012 found that 62% of organizations permit their users to store content –
                                                                                                or laptop
primarily files – locally, such as on their desktop or laptop computer hard disk.               computer hard
However, only 33% of these local content sources are backed up to a central location            disk. However,
where they are accessible to the entire organization on a long-term basis. Other
problems in managing files include:                                                             only 33% of these
•   In most organizations, there is no practical means to classify files or the content
                                                                                                local content
    within them, meaning that there are few clues available about the relevance or              sources are
    importance of content without searching through each document.                              backed up to a
•   Most organizations have not implemented a cost-effective means to sift                      central location
    important files from “junk” content.                                                        where they are
•   Most organizations have no or little insight into the number of duplicate items in          accessible to the
    their file repositories.                                                                    entire
•   Once important files are identified, there is typically no efficient means of               organization.
    tracking and controlling files moving forward.

•   While file servers are normally backed up for purposes of restoring their content
    in the event of an application or hardware failure, only about one-third of
    organizations actually archives their file content.

In short, most organizations do not manage files properly in three critical respects:

•   Files are not archived so that their content is discoverable for legal, regulatory or
    other purposes.

•   Files are not classified so that decision makers can determine their relevance.

•   Files are not de-duplicated so that storage management can be optimized.



©2012 Osterman Research, Inc.                                                               6
File Archiving: The Next Big
                                                                                               Thing or Just Big?


THE RISKS OF NOT MANAGING FILES
PROPERLY
TANGIBLE CONSEQUENCES
eDiscovery requests pose a significant challenge to an organization because the FRCP
requires the production of all relevant electronic records, regardless of how
backdated this content might be. The completeness and availability of requested
records and the time required to extract them depends to a large extent on the
organization’s archival capabilities and how they manage storage.

Required electronic content can be located in many different places within an
organization, including file servers, desktop machines, laptops and, increasingly, on
smartphones and tablets. The longer it takes an organization’s IT staff to extract the
required content, the longer it takes its legal counsel to access and review the
content. With less time to get full command of the facts in a particular case, an
organization runs the risk of the court imposing sanctions on the organization for
missed deadlines or production of only a portion of the information requested.

Any files produced may also have limited evidentiary weight if legal counsel cannot
establish its authenticity. In fact, the litigation costs associated with eDiscovery can
be so great that as many as one in five businesses have settled a case simply to               Among the more
avoid searching through and retrieving email.
                                                                                               tangible and
WITHHOLDING EVIDENCE                                                                           quantifiable
Among the more tangible and quantifiable consequences of not managing files
properly is inadvertently withholding evidence because of the inability to find all
                                                                                               consequences of
relevant files and other information necessary to satisfy an eDiscovery order or a             not managing
request during a regulatory audit. This can lead to a number of consequences,
including fines, sanctions, reversal of jury verdicts, higher legal costs and other
                                                                                               files properly is
serious problems.                                                                              inadvertently
Four important cases to consider in the context of consequences that can occur if all
                                                                                               withholding
relevant electronic content is not available:                                                  evidence because
•   In the aforementioned case of Pension Committee of University of Montreal
                                                                                               of the inability to
    Pension Plan v. Banc of America Securities, LLCv, the Court issued sanctions               find all relevant
    against the parties that were not able to preserve their electronic content in a           files and other
    manner that met the court’s requirements.
                                                                                               information.
•   In another important case underscoring the importance of managing electronic
    content properly, Green v. Blitz U.S.A.vi, the Court sanctioned the defendant for a
    variety of failures, including their representative who did not place a legal hold
    on relevant data, did not coordinate his work with the defendant’s IT
    department, and did not perform keyword searches. These actions resulted in
    relevant documents not being produced. After key documents were not
    discovered in this case, but were discovered in another case one year later, the
    judge a) issued a $250,000 civil contempt sanction against Blitz, b) ordered the
    company to inform plaintiffs from the past two years about the sanction, and c)
    to include a copy of the sanction memorandum in every case in which it will be
    involved during the next five years.

•   In the case of Scentsy v. Chase et alvii, Scentsy followed a policy to delete emails
    after 60 days, but permitted files on desktops, laptops and shared storage
    systems to be retained until employees deleted them. Moreover, the company
    did not have a rigorous litigation hold policy in place, merely requesting that
    employees not delete potentially relevant content.

•   In the case of Orrell v. Motorcarparts of America, Inc.viii, the court ordered the
    forensic examination of a plaintiff’s home computer because it contained
    information that allegedly had been wiped from the plaintiff’s company-supplied



©2012 Osterman Research, Inc.                                                              7
File Archiving: The Next Big
                                                                                               Thing or Just Big?

    laptop computer. As shown in the figure above, while only 2% of corporate
    content is stored on employees’ home computers, storing files outside of IT’s
    control can lead to serious consequences.

LESS TANGIBLE CONSEQUENCES
In addition to sanctions, fines and other tangible consequences arising from the
inability to produce files and other electronic content are a number of less tangible
and more difficult to quantify problems. These include loss of corporate reputation
when word of sanctions or fines hits the press or the investor community, damage to
an organization’s brand, loss of future revenue opportunities, and a general loss of
goodwill among customers, business partners and others.


A SENSIBLE APPROACH TO FILE ARCHIVING
Osterman Research recommends a four-step approach to implementing an
appropriate file-archiving capability. As we recommend for email archiving, the initial
steps need to focus on the non-technical aspects of solving the problem:
understanding the legal and regulatory landscape, getting advice from legal counsel,
and establishing appropriate retention policies. After these steps have been
completed, we recommend implementing a robust file-archiving capability as                     Osterman
discussed below.
                                                                                               Research
1. UNDERSTAND FILE RETENTION OBLIGATIONS                                                       recommends a
All of the key stakeholders in an organization – IT decision makers, recommending              four-step
influencers, legal counsel, and others – need to stay current on legal decisions
focused on the organization’s electronic data retention obligations, including the types       approach to
of electronic records that should be retained, how long such records should be                 implementing an
retained and so forth. While many organizations focus on email archiving, the focus
really needs to be on content archiving – email, files, audio files, video files and any       appropriate file-
other relevant content that might need to be produced.                                         archiving
Organizations that face a large number of statutory obligations or that are closely
                                                                                               capability. As we
monitored by regulators, such as broker-dealers, need to understand their regulatory           recommend for
retention obligations thoroughly. Financial services organizations operating in the
United States, for example, must fully comply with SEC and FINRA requirements for
                                                                                               email archiving,
electronic data retention, supervision of content and other requirements. Energy-              the initial steps
related companies must comply with Federal Energy Regulatory Commission (FERC)
requirements. Healthcare organizations must comply with HIPAA, Medicare and other
                                                                                               need to focus on
requirements.                                                                                  the non-technical
Those with well-coordinated electronic content retention policies will be better
                                                                                               aspects of solving
positioned to weather the storms of litigation with minimal legal risk and harm. An            the problem.
organization without a coherent and thorough retention policy could find itself paying
significant penalties during the eDiscovery process if it produces electronic content
later found to have been altered, or if it destroys information it should have retained.

2. MITIGATE RISK THROUGH SOUND LEGAL ADVICE
The next phase in the process of developing an organization’s electronic content
retention policies is for a cross-functional team that includes IT, legal, records
management, and compliance staff to establish electronic data retention policies and
functions like indexing, searching, litigation holds and data immutability. IT staff, in
particular, need to establish a dialogue with legal counsel and business functional
user representatives to determine the latter’s needs.

3. IMPLEMENT RETENTION POLICIES
Every organization, regardless of their size or industry, should have as their goal the
establishment of robust and thorough electronic content retention policies. One
relatively easy way for decision-makers to do this is to establish content retention and
deletion periods for major categories of content that will need to be retained and




©2012 Osterman Research, Inc.                                                              8
File Archiving: The Next Big
                                                                                                   Thing or Just Big?

managed over several years. Different types of files will be subject to different data
retention periods. For example, when records need only be retained for very short
time periods, the need to implement and strictly enforce policies to delete those
records can be as important as implementing policies to retain them. Therefore,
retention periods should be sufficiently granular to accommodate all possible
retention requirements.

An organization should set minimum and maximum retention periods for files and
other content to avoid over-retention, since preserving data too long can also be
risky. To determine these periods, cross-functional teams can define specific
maximum retention periods for each category, or establish a general policy permitting
the deletion of retained data when the minimum retention period expires.

After archival retention periods have been established, an organization should clearly
communicate them to all users of electronic data and retention periods should be
executed automatically. No matter how well informed users are about retention
periods, organizations still run the risk of user error in compliance with retention
period guidelines and policies. Fortunately, file archiving solutions today are capable
of automatically managing content retention periods, with little to no user
involvement.
                                                                                                   A well-designed
As a final step, IT and legal counsel should periodically revisit retention and deletion
policies so they reflect changing regulatory requirements, organizational rules, and
                                                                                                   classification
user needs for archival information.                                                               system that
4. DEPLOY A ROBUST FILE-ARCHIVING CAPABILITY
                                                                                                   enables users to
Osterman Research recommends that any file-archiving solution should have several                  tag content based
key capabilities, or at the very least, organizations should be on-track to implement              on its sensitivity,
these capabilities as their needs warrant:
                                                                                                   confidentiality or
•   Classification                                                                                 other parameters
    All files, emails and other content have varying degrees of sensitivity. Some
    content is highly sensitive and should never be sent outside of an organization or             – or that
    stored on internal systems without being encrypted or access-controlled, while                 automatically
    other information contains no sensitive or confidential information of any sort.
    All files have a level of sensitivity that should be managed in accordance with                does so based on
    corporate policies.                                                                            corporate policies
    A well-designed classification system that enables users to tag content based on               – can provide any
    its sensitivity, confidentiality or other parameters – or that automatically does so           organization with
    based on corporate policies – can provide any organization with a number of
    useful benefits in addition to just improving archival capabilities:                           a number of
                                                                                                   useful benefits.
    o    Accidental leaks of sensitive data can be reduced dramatically.

    o    Users become more aware of corporate policies and their obligations to
         protect data for purposes of legal or regulatory compliance.

    o    Systems designed to prevent loss of data can operate more efficiently and
         effectively simply because they have more information to use in classifying
         files.

    However, because of the large volume of content that most organizations
    manage, it is important to use a tagging system that can auto-categorize content
    in conjunction with users/record handlers tagging content manually.

•   Tracking
    It is also essential to be able to track files across their entire lifecycle in terms of
    who has access to them, where they are sent, where they are stored, how they
    are modified and the like. Tracking content is important on a number of levels,




©2012 Osterman Research, Inc.                                                                  9
File Archiving: The Next Big
                                                                                                   Thing or Just Big?

    not least of which is the ability to demonstrate how files were changed when
    presented for purposes of eDiscovery or regulatory compliance.

•   Control
    The ability to control file content is also an essential element of any file archiving
    solution. Both workflow processes and technologies should enable files to be
    held in place for purposes of legal holds, and/or should enable these files to be
    moved to a centralized archive for further processing or review.

•   Disposition
    Finally, a proper file archiving strategy should include the ability to dispose of
    superfluous content in order to preserve only what is needed for long term
    retention. Miscellaneous files, such as temporary drafts, memos that do not
    contain business records, business records that have reached their retention
    period and the like should be disposed of in a pre-determined manner. Although
    the immediate benefit of having the ability to dispose of unneeded content is
    reduced storage, eliminating older content can also mitigate risk by deleting
    content that may prove harmful to the organization, and it reduces costs by
    eliminating content that needs to be searched during future eDiscovery activities
    or regulatory audits.

•   Minimize user involvement
    File creators and users are constantly under pressure to respond to the business
    demands placed on them. Regardless of how well educated users are about
    content retention policies, they are prone to error when manually deciding to
    keep or delete every file with which they interact. That is why an organization
    should invest in a file archiving solution that automatically manages its content
    retention policies. The primary benefit of such a capability is that it requires little
    or no user involvement, thereby increasing end-user productivity and minimizing
    the opportunity for mistakes and violations of corporate policy.

•   Tamper-proofing files
    A file archiving solution must secure stored electronic data with safeguards, such
    as Write-Once Read Many (WORM) storage and, where required by law or
    dictated by best practice, encrypting content. It must also be tamper-proof and
    capable of protecting electronic records from loss, damage or misuse. As noted
    above, if content from the archive is accessed, the system will ideally provide an
    audit trail that tracks who accessed the content and when it was accessed.


SPONSOR OF THIS WHITE PAPER
EMC is the market leader in backup, recovery, and archive transformation helping our
customers address their most pressing challenges -- relentless data growth,
constrained budgets, compliance, and discovery. We do this through backup and
archiving solutions that help organizations insure recoverability and accessibility of                                            !
data, improve resource efficiency, and increase the agility of their backup and archive
infrastructure. Unlike any of other vendor, EMC offers application solutions to                    www.emc.com
address the unique requirements of backup and archiving while enabling our
                                                                                                   twitter.com/EMCcorp
customers to leverage a consolidated IT infrastructure for their backup and archive
workloads.                                                                                         +1 866 438 3622
                                                                                                   !
EMC SourceOne is a highly scalable archiving software platform enabling
organizations to manage the lifecycle of corporate information, inclusive of all content
types, according to consistent policies based on the content’s business value. EMC
SourceOne solutions are designed to scale to meet large enterprise needs, yet offer a
simple footprint for mid-sized customers.

Our holistic but modular approach also provides organizations of all sizes a 'start
anywhere - go anywhere' solution to address their most pressing archiving and
discovery challenges – delivering immediate business benefit – and then expanding



©2012 Osterman Research, Inc.                                                                 10
File Archiving: The Next Big
                                                                                                            Thing or Just Big?

over time. EMC makes archiving and discovery actionable by enabling proactive,
consistent and repeatable management of retention and disposition policies, and as
appropriate, long-term preservation based on the value of the content.

Additional information about EMC can be found at www.EMC.comarchiving




© 2012 Osterman Research, Inc. All rights reserved.

No part of this document may be reproduced in any form by any means, nor may it be
distributed without the permission of Osterman Research, Inc., nor may it be resold or
distributed by any entity other than Osterman Research, Inc., without prior written authorization
of Osterman Research, Inc.

Osterman Research, Inc. does not provide legal advice. Nothing in this document constitutes
legal advice, nor shall this document or any software product or other offering referenced herein
serve as a substitute for the reader’s compliance with any laws (including but not limited to any
act, statue, regulation, rule, directive, administrative order, executive order, etc. (collectively,
“Laws”)) referenced in this document. If necessary, the reader should consult with competent
legal counsel regarding any Laws referenced herein. Osterman Research, Inc. makes no
representation or warranty regarding the completeness or accuracy of the information contained
in this document.

THIS DOCUMENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ALL EXPRESS OR
IMPLIED REPRESENTATIONS, CONDITIONS AND WARRANTIES, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE
DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE DETERMINED TO BE
ILLEGAL.



CITATIONS
i
       http://www.fulbright.com/litigationtrends
ii
       Source: Disciplinary and Other FINRA Actions, Reported for July 2012
iii
       Source: Osterman Research surveys
iv
       http://www.informationweek.com/software/information-management/e-discovery-how-
       to-avoid-death-by-backup/224400402
v
       2010 WL 184312 (S.D.N.Y. Jan. 15, 2010)
vi
       http://civilprocedure.dbllaw.com/2011/08/past-eDiscovery-errors-result-in-sanctions/
vii
       2012 WL 4523112 (10/12/12 D. Idaho)
viii
       2007 WL 4287750 (W.D.N.C. Dec. 5, 2007)




©2012 Osterman Research, Inc.                                                                          11

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Analyst Report: Osterman Research: File Archiving: The Next Big Thing or Just Big?

  • 1. WHITE PAPER File Archiving: The Next Big Thing or Just Big? ON An Osterman Research White Paper Published December 2012 SPONSORED BY sponsored SPON sponsored by Osterman Research, Inc. P.O. Box 1058 • Black Diamond, Washington • 98010-1058 • USA Tel: +1 253 630 5839 • Fax: +1 253 458 0934 • info@ostermanresearch.com www.ostermanresearch.com • twitter.com/mosterman
  • 2. File Archiving: The Next Big Thing or Just Big? EXECUTIVE SUMMARY Although many organizations still do not archive email, email archiving has become an accepted best practice at the majority of mid-sized and large organizations. Because email contains the primary record of communications and collaboration for most organizations, archiving this rich source of content is essential for compliance with regulatory obligations, legal requirements, data mining and other purposes. Interestingly, however, email is not the primary source of electronic content in most organizations. Instead, files – word processing documents, spreadsheets, presentations and a wide variety of user-generated content – are the most pervasive type of content retained in the typical organization. Volume of Electronic Content in the Typical Organization by Location Email is not the primary source of electronic content in most organizations. Instead, files – word processing documents, spreadsheets, presentations and a wide variety of user-generated Source: Osterman Research survey, October 2012 content are the most pervasive type of content KEY TAKEAWAYS • Organizations are at serious risk if they do not archive electronic content in retained in the compliance with regulatory, legal and industry best practices. typical • In some respects, file content is more difficult to archive than email because it organization. can be created and stored in a large number of venues, both within and outside of IT’s control. The Bring Your Own Device (BYOD) phenomenon, coupled with rapid growth in the amount of file content being stored, is exacerbating the problem. • Files, as the largest single source of archivable, electronic content within most organizations should be a top priority for retention in conjunction with email. ABOUT THIS WHITE PAPER This white paper discusses best practices for archiving file-based content and offers some recommendations about how organizations should manage the increasing growth of files. This document also provides a brief overview of the sponsor of this paper, EMC, and the company’s relevant solutions. ©2012 Osterman Research, Inc. 1
  • 3. File Archiving: The Next Big Thing or Just Big? DRIVERS FOR ARCHIVING ELECTRONIC CONTENT While the reasons for and benefits from archiving will be different for IT than they will be for legal, compliance or other functions within an organization, archiving and related issues should be top of mind for every function that creates and/or manages electronic content. For example, IT may not be concerned about the specific legal obligations that an organization has to preserve content, but they must preserve it. Legal may not care about the specific archiving technologies in place, but their focus must be on the legal reasons behind content preservation. Similarly, users may not care about the legal obligations or technologies, but they must be involved in preserving relevant content. LEGAL CONSIDERATIONS Virtually every business will eventually become involved in a lawsuit, either as a plaintiff, a defendant or as an involved third party. According to a survey on litigation trends by the law firm Fulbright & Jaworskii, more than four out of five US companies surveyed are involved in litigation, while about one-half as many companies surveyed initiated at least one lawsuit. Consequently, the likelihood of facing an eDiscovery request is quite high. When litigation is reasonably anticipated, an organization has an affirmative duty An organization under the Federal Rules of Civil Procedure (FRCP) to preserve relevant evidence, such has an as emails, files, databases and other content that may be necessary to produce during the litigation process. This duty to preserve generally commences when a affirmative duty party knows, or reasonably should have known, that litigation may be forthcoming. under the When a legal hold is necessary, it is imperative that an organization retain all relevant data, such as all email sent from senior managers to specific individuals or clients, Federal Rules of word processing documents that may contain corporate policy statements, and so Civil Procedure forth. (FRCP) to Significant consequences can result from a failure to preserve possibly relevant preserve relevant evidence. Courts have discretion to impose a variety of sanctions, including fines, additional costs for third parties to review or search for data, or even criminal evidence, such as charges. For example, a court found that Samsung, in its recent litigation with Apple, emails, files, had a duty to impose a legal hold on relevant email beginning in August 2010. However, Samsung did not disable its email system’s auto-delete capability and so databases and was not able to produce relevant email that Apple had requested, which could have other content resulted in an adverse inference instruction to the jury in the case. However, the Court determined that Apple had also acted badly, and so did not provide this that may be instruction for either party. necessary to As another example, in the case of Pension Comm. of Univ. of Montreal Pension Plan produce during v. Banc of Am. Sec., LLC, 685 F. Supp. 2d 456, 470 (S.D.N.Y. 2010), the court the litigation awarded an adverse inference sanction because a party acted with gross negligence (as opposed to willfulness) in failing to preserve electronic documents. The court process. reasoned that ‘‘contemporary standards’’ of discovery rendered the failure to preserve and collect electronic files ‘‘grossly negligent’’ and therefore worthy of the severe sanction of an adverse inference, even without proof of intentional misconduct. At a minimum, an organization that cannot produce data when required will suffer a damaged corporate reputation. Another consideration for archiving electronic content from a legal or regulatory perspective involves senior management’s and/or legal counsel’s ability to conduct more formal early case assessments in response to concerns about employee behavior, allegations of wrongdoing, and the like. Having all relevant electronic content – files, emails, instant messages, etc. – enables reviewers to investigate issues of concern quickly and easily before the litigation process begins and may save time and money en route to the situation’s most logical business conclusion – defend or settle. ©2012 Osterman Research, Inc. 2
  • 4. File Archiving: The Next Big Thing or Just Big? Similarly, an archiving capability for all relevant electronic content enables the development of early insight into a case on an informal basis. For example, if an organization suspects that it might be involved in litigation at some point in the future, senior managers, legal counsel or even departmental managers can conduct a preliminary form of early case assessment to determine if there are issues about which to be concerned. In the absence of a robust archiving capability, conducting this sort of analysis would be difficult, if not impossible. While many organizations have an archiving capability that enables this sort of activity for email, fewer have the capability to do so for files. REGULATORY COMPLIANCE Electronic records that pertain to an organization’s business activity are subject to regulatory compliance obligations, which vary widely by industry and jurisdiction. These regulations require the retention of content like financial documents, email, instant messaging and social correspondence and employee and client records. In fact, the Supreme Courts of both Arizona and Washington State have ruled that even metadata must be retained as part of the record of information archived. Among the most heavily regulated industries worldwide is the financial services industry, particularly broker-dealers and investment advisers. In the United States, regulations issued by the Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA) require members of national securities exchanges, brokers and dealers to preserve securities transaction records Consequences to for a minimum of six years, the first two years in an easily accessible place. The new Dodd-Frank regulations related commodities/swaps and hedge funds will create financial services similar content management requirements. firms for failing As but one example of the need to archive files, NASD Rule 2210(1)(b) requires that to comply with advertisements and sales literature be filed with FINRA’s Advertising Regulation retention Department – best practice dictates that this content also be archived internally, as well. Underscoring the importance of retaining this content, the firm Hedge Fund obligations can Capital Partners, LLC and one of its registered principals were sanctioned for, among be severe and other things, failing “to retain institutional sales materials”ii. typically involve In Canada, records of purchase and sell orders of securities must be retained for the imposition of seven years, the first two years in an easily accessible location. In the United Kingdom, investment service and transaction records must be retained for a minimum significant of five years. financial Consequences to financial services firms for failing to comply with retention penalties. obligations can be severe and typically involve the imposition of significant financial penalties. For example, FINRA imposed a $700,000 fine on brokerage firm Piper Jaffray in May 2010 when the firm failed to produce 4.3 million emails sent and received between 2002 and 2008. Brian L. Rubin, a member of the law firm Sutherland Asbill & Brennan LLP and former FINRA deputy chief counsel for enforcement, expects FINRA to maintain its attention on brokerage firms’ content retention processes and strengthen its examination process of brokerage firms that fail to follow up on glitches in their retention systems. It is important to note that while much of the attention from regulators focuses on email and other forms of communication, files that contain business records – such as advertising literature – are also subject to retention by regulators. Also heavily regulated is the healthcare industry. For example, under the “privacy rule” of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), health care providers are required to protect patients’ electronic health information from unauthorized users and to retain such information for six years. Noncompliance with these HIPAA requirements could result in fines of up to $50,000 per violation, or criminal penalties of $250,000 and up to 10 years in prison for violations based on intent or malice. Here again, files are just as important a consideration for retention and privacy as emails and other forms of communication. ©2012 Osterman Research, Inc. 3
  • 5. File Archiving: The Next Big Thing or Just Big? IMPROVED IT MANAGEMENT An organization need not have billions of files to experience significant electronic content storage growth. Because content growth is increasing at roughly 25% per yeariii, a terabyte of content today will swell to more than three terabytes within five years at this growth rate. This creates enormous problems for IT administrators who must manage the growth and make the content accessible across the organization, often for long periods of time. Problems in managing such enormous growth of content include more time devoted to storage management, longer backup windows, longer restores after a server crash, and a greater proportion of the IT budget devoted to storage and storage management. The rapid growth in storing and managing files has also rendered the simple tape backup an outmoded method for meeting legal discovery and regulatory retention requirements and gaining access to electronic content stored in a typical organization’s file system. Moreover, backups are more difficult to manage because they require greater IT staff involvement and create long periods of server downtime in the event of a server crash or other technical problem. The costs of sifting through content stored on backup tapes can average $500 to The rapid growth $1,000 per gigabyteiv, which could amount to a six- or seven-figure cost for even in storing and small organizations that could generate several terabytes of such data. Reviewing information on backup tapes is no easy task. For example, a compressed LTO-3 tape managing files can hold 750 gigabytes of email, or approximately 56 million printed pages of text. has also rendered Given these inherent limitations of backup tapes, organizations today require a more suitable solution for satisfying electronic content retention obligations. the simple tape backup an END USER SELF SERVICE The vast majority of IT staff members would agree that end-user requests for outmoded recovering missing or deleted electronic content is among the least pleasant aspects method for of their work. Other than the difficulty associated with recovering such content, the time it takes for IT staff to complete those tasks takes away from other tasks that meeting legal they could be performing to enhance the organization’s productivity. In some cases, discovery and the job of IT staff is made even more difficult when content is not stored in a centralized repository. During difficult economic times, IT departments are even regulatory more overworked and have even fewer people to handle these types of requests. retention A content archiving system that is accessible to end users can help them to recover requirements and their own missing content, alleviating IT from this burden and making IT staff more gaining access to productive. electronic THE PAINS OF eDISCOVERY FOR IT content stored in Searching and restoring electronic files from various sources (PCs, servers, and a typical backup tapes) can be a difficult and cumbersome process. Every time an organization faces a lawsuit or regulatory request for information, its IT staff must go organization’s through multiple steps to preserve and extract electronic content. These steps include file system. initiating a litigation hold, then finding, restoring, cleansing and de-duplicating electronic content residing within every content source. These steps must be repeated for every file, backup tape, .PST file, etc. – for each discovery request. This is especially burdensome since even a relatively small organization can face one or more e-discovery requests each month. FILES ARE A GROWING PROPORTION OF MOST ORGANIZATIONS’ CONTENT NEARLY ONE-HALF OF CONTENT IS ON FILE SERVERS An Osterman Research survey of small, mid-sized and large organizations conducted during October and early November 2012 found that nearly one-half of the typical organization’s electronic content is stored on file servers (used to store electronic ©2012 Osterman Research, Inc. 4
  • 6. File Archiving: The Next Big Thing or Just Big? files, such as documents, videos, images, databases, etc.), while another 35% of content is stored in email systems, as shown in the following figure. Distribution of Electronic Content in the Typical Organization While the majority of files in most companies are stored on IT- managed file FILES ARE STORED IN A VARIETY OF LOCATIONS servers, many While the majority of files in most companies are stored on IT-managed file servers, many files are created and stored “in the wild” – i.e., on devices and in applications files are created that are not always under the direct control of IT. These file-generating sources and stored “in include company-supplied mobile devices like smartphones and tablets, personally owned smartphones and tablets, social media sites and the like. Moreover, a the wild” – i.e., significant percentage of many organizations’ files reside in repositories that are on devices and in deployed and managed by individual users, such as Dropbox, Box.net, Skydrive, Google Drive, Google Docs and other cloud-based repositories. For example, an applications that Osterman Research study of the BYOD phenomenon found that a large proportion of are not always users employ personally owned mobile devices for work-related purposes, and that many employees use cloud-based repositories without IT’s blessing, as shown in the under the direct following table and figure. control of IT. Penetration of Cloud-Based Applications by Organization Size As a % of Organizations Up to 99 100-999 1,000+ Tools Status of Use Employees Employees Employees Dropbox Used w/IT’s blessing 40% 21% 14% Used w/o IT’s blessing 32% 49% 44% Not used 28% 30% 42% Google Used w/IT’s blessing 24% 12% 10% Docs Used w/o IT’s blessing 19% 39% 42% Not used 57% 48% 48% YouSendIt Used w/IT’s blessing 18% 8% 4% Used w/o IT’s blessing 14% 17% 22% Not used 67% 75% 73% ©2012 Osterman Research, Inc. 5
  • 7. File Archiving: The Next Big Thing or Just Big? Use of Personally Owned Mobile Devices for Work-Related Purposes by Organization Size (As a % of Organizations) 62% of organizations permit their users to store content – primarily files – MOST FILES ARE ONLY PARTIALLY MANAGED locally, such as Another serious problem facing virtually every organization is that many files are only on their desktop partially managed. For example, an Osterman Research survey conducted in November 2012 found that 62% of organizations permit their users to store content – or laptop primarily files – locally, such as on their desktop or laptop computer hard disk. computer hard However, only 33% of these local content sources are backed up to a central location disk. However, where they are accessible to the entire organization on a long-term basis. Other problems in managing files include: only 33% of these • In most organizations, there is no practical means to classify files or the content local content within them, meaning that there are few clues available about the relevance or sources are importance of content without searching through each document. backed up to a • Most organizations have not implemented a cost-effective means to sift central location important files from “junk” content. where they are • Most organizations have no or little insight into the number of duplicate items in accessible to the their file repositories. entire • Once important files are identified, there is typically no efficient means of organization. tracking and controlling files moving forward. • While file servers are normally backed up for purposes of restoring their content in the event of an application or hardware failure, only about one-third of organizations actually archives their file content. In short, most organizations do not manage files properly in three critical respects: • Files are not archived so that their content is discoverable for legal, regulatory or other purposes. • Files are not classified so that decision makers can determine their relevance. • Files are not de-duplicated so that storage management can be optimized. ©2012 Osterman Research, Inc. 6
  • 8. File Archiving: The Next Big Thing or Just Big? THE RISKS OF NOT MANAGING FILES PROPERLY TANGIBLE CONSEQUENCES eDiscovery requests pose a significant challenge to an organization because the FRCP requires the production of all relevant electronic records, regardless of how backdated this content might be. The completeness and availability of requested records and the time required to extract them depends to a large extent on the organization’s archival capabilities and how they manage storage. Required electronic content can be located in many different places within an organization, including file servers, desktop machines, laptops and, increasingly, on smartphones and tablets. The longer it takes an organization’s IT staff to extract the required content, the longer it takes its legal counsel to access and review the content. With less time to get full command of the facts in a particular case, an organization runs the risk of the court imposing sanctions on the organization for missed deadlines or production of only a portion of the information requested. Any files produced may also have limited evidentiary weight if legal counsel cannot establish its authenticity. In fact, the litigation costs associated with eDiscovery can be so great that as many as one in five businesses have settled a case simply to Among the more avoid searching through and retrieving email. tangible and WITHHOLDING EVIDENCE quantifiable Among the more tangible and quantifiable consequences of not managing files properly is inadvertently withholding evidence because of the inability to find all consequences of relevant files and other information necessary to satisfy an eDiscovery order or a not managing request during a regulatory audit. This can lead to a number of consequences, including fines, sanctions, reversal of jury verdicts, higher legal costs and other files properly is serious problems. inadvertently Four important cases to consider in the context of consequences that can occur if all withholding relevant electronic content is not available: evidence because • In the aforementioned case of Pension Committee of University of Montreal of the inability to Pension Plan v. Banc of America Securities, LLCv, the Court issued sanctions find all relevant against the parties that were not able to preserve their electronic content in a files and other manner that met the court’s requirements. information. • In another important case underscoring the importance of managing electronic content properly, Green v. Blitz U.S.A.vi, the Court sanctioned the defendant for a variety of failures, including their representative who did not place a legal hold on relevant data, did not coordinate his work with the defendant’s IT department, and did not perform keyword searches. These actions resulted in relevant documents not being produced. After key documents were not discovered in this case, but were discovered in another case one year later, the judge a) issued a $250,000 civil contempt sanction against Blitz, b) ordered the company to inform plaintiffs from the past two years about the sanction, and c) to include a copy of the sanction memorandum in every case in which it will be involved during the next five years. • In the case of Scentsy v. Chase et alvii, Scentsy followed a policy to delete emails after 60 days, but permitted files on desktops, laptops and shared storage systems to be retained until employees deleted them. Moreover, the company did not have a rigorous litigation hold policy in place, merely requesting that employees not delete potentially relevant content. • In the case of Orrell v. Motorcarparts of America, Inc.viii, the court ordered the forensic examination of a plaintiff’s home computer because it contained information that allegedly had been wiped from the plaintiff’s company-supplied ©2012 Osterman Research, Inc. 7
  • 9. File Archiving: The Next Big Thing or Just Big? laptop computer. As shown in the figure above, while only 2% of corporate content is stored on employees’ home computers, storing files outside of IT’s control can lead to serious consequences. LESS TANGIBLE CONSEQUENCES In addition to sanctions, fines and other tangible consequences arising from the inability to produce files and other electronic content are a number of less tangible and more difficult to quantify problems. These include loss of corporate reputation when word of sanctions or fines hits the press or the investor community, damage to an organization’s brand, loss of future revenue opportunities, and a general loss of goodwill among customers, business partners and others. A SENSIBLE APPROACH TO FILE ARCHIVING Osterman Research recommends a four-step approach to implementing an appropriate file-archiving capability. As we recommend for email archiving, the initial steps need to focus on the non-technical aspects of solving the problem: understanding the legal and regulatory landscape, getting advice from legal counsel, and establishing appropriate retention policies. After these steps have been completed, we recommend implementing a robust file-archiving capability as Osterman discussed below. Research 1. UNDERSTAND FILE RETENTION OBLIGATIONS recommends a All of the key stakeholders in an organization – IT decision makers, recommending four-step influencers, legal counsel, and others – need to stay current on legal decisions focused on the organization’s electronic data retention obligations, including the types approach to of electronic records that should be retained, how long such records should be implementing an retained and so forth. While many organizations focus on email archiving, the focus really needs to be on content archiving – email, files, audio files, video files and any appropriate file- other relevant content that might need to be produced. archiving Organizations that face a large number of statutory obligations or that are closely capability. As we monitored by regulators, such as broker-dealers, need to understand their regulatory recommend for retention obligations thoroughly. Financial services organizations operating in the United States, for example, must fully comply with SEC and FINRA requirements for email archiving, electronic data retention, supervision of content and other requirements. Energy- the initial steps related companies must comply with Federal Energy Regulatory Commission (FERC) requirements. Healthcare organizations must comply with HIPAA, Medicare and other need to focus on requirements. the non-technical Those with well-coordinated electronic content retention policies will be better aspects of solving positioned to weather the storms of litigation with minimal legal risk and harm. An the problem. organization without a coherent and thorough retention policy could find itself paying significant penalties during the eDiscovery process if it produces electronic content later found to have been altered, or if it destroys information it should have retained. 2. MITIGATE RISK THROUGH SOUND LEGAL ADVICE The next phase in the process of developing an organization’s electronic content retention policies is for a cross-functional team that includes IT, legal, records management, and compliance staff to establish electronic data retention policies and functions like indexing, searching, litigation holds and data immutability. IT staff, in particular, need to establish a dialogue with legal counsel and business functional user representatives to determine the latter’s needs. 3. IMPLEMENT RETENTION POLICIES Every organization, regardless of their size or industry, should have as their goal the establishment of robust and thorough electronic content retention policies. One relatively easy way for decision-makers to do this is to establish content retention and deletion periods for major categories of content that will need to be retained and ©2012 Osterman Research, Inc. 8
  • 10. File Archiving: The Next Big Thing or Just Big? managed over several years. Different types of files will be subject to different data retention periods. For example, when records need only be retained for very short time periods, the need to implement and strictly enforce policies to delete those records can be as important as implementing policies to retain them. Therefore, retention periods should be sufficiently granular to accommodate all possible retention requirements. An organization should set minimum and maximum retention periods for files and other content to avoid over-retention, since preserving data too long can also be risky. To determine these periods, cross-functional teams can define specific maximum retention periods for each category, or establish a general policy permitting the deletion of retained data when the minimum retention period expires. After archival retention periods have been established, an organization should clearly communicate them to all users of electronic data and retention periods should be executed automatically. No matter how well informed users are about retention periods, organizations still run the risk of user error in compliance with retention period guidelines and policies. Fortunately, file archiving solutions today are capable of automatically managing content retention periods, with little to no user involvement. A well-designed As a final step, IT and legal counsel should periodically revisit retention and deletion policies so they reflect changing regulatory requirements, organizational rules, and classification user needs for archival information. system that 4. DEPLOY A ROBUST FILE-ARCHIVING CAPABILITY enables users to Osterman Research recommends that any file-archiving solution should have several tag content based key capabilities, or at the very least, organizations should be on-track to implement on its sensitivity, these capabilities as their needs warrant: confidentiality or • Classification other parameters All files, emails and other content have varying degrees of sensitivity. Some content is highly sensitive and should never be sent outside of an organization or – or that stored on internal systems without being encrypted or access-controlled, while automatically other information contains no sensitive or confidential information of any sort. All files have a level of sensitivity that should be managed in accordance with does so based on corporate policies. corporate policies A well-designed classification system that enables users to tag content based on – can provide any its sensitivity, confidentiality or other parameters – or that automatically does so organization with based on corporate policies – can provide any organization with a number of useful benefits in addition to just improving archival capabilities: a number of useful benefits. o Accidental leaks of sensitive data can be reduced dramatically. o Users become more aware of corporate policies and their obligations to protect data for purposes of legal or regulatory compliance. o Systems designed to prevent loss of data can operate more efficiently and effectively simply because they have more information to use in classifying files. However, because of the large volume of content that most organizations manage, it is important to use a tagging system that can auto-categorize content in conjunction with users/record handlers tagging content manually. • Tracking It is also essential to be able to track files across their entire lifecycle in terms of who has access to them, where they are sent, where they are stored, how they are modified and the like. Tracking content is important on a number of levels, ©2012 Osterman Research, Inc. 9
  • 11. File Archiving: The Next Big Thing or Just Big? not least of which is the ability to demonstrate how files were changed when presented for purposes of eDiscovery or regulatory compliance. • Control The ability to control file content is also an essential element of any file archiving solution. Both workflow processes and technologies should enable files to be held in place for purposes of legal holds, and/or should enable these files to be moved to a centralized archive for further processing or review. • Disposition Finally, a proper file archiving strategy should include the ability to dispose of superfluous content in order to preserve only what is needed for long term retention. Miscellaneous files, such as temporary drafts, memos that do not contain business records, business records that have reached their retention period and the like should be disposed of in a pre-determined manner. Although the immediate benefit of having the ability to dispose of unneeded content is reduced storage, eliminating older content can also mitigate risk by deleting content that may prove harmful to the organization, and it reduces costs by eliminating content that needs to be searched during future eDiscovery activities or regulatory audits. • Minimize user involvement File creators and users are constantly under pressure to respond to the business demands placed on them. Regardless of how well educated users are about content retention policies, they are prone to error when manually deciding to keep or delete every file with which they interact. That is why an organization should invest in a file archiving solution that automatically manages its content retention policies. The primary benefit of such a capability is that it requires little or no user involvement, thereby increasing end-user productivity and minimizing the opportunity for mistakes and violations of corporate policy. • Tamper-proofing files A file archiving solution must secure stored electronic data with safeguards, such as Write-Once Read Many (WORM) storage and, where required by law or dictated by best practice, encrypting content. It must also be tamper-proof and capable of protecting electronic records from loss, damage or misuse. As noted above, if content from the archive is accessed, the system will ideally provide an audit trail that tracks who accessed the content and when it was accessed. SPONSOR OF THIS WHITE PAPER EMC is the market leader in backup, recovery, and archive transformation helping our customers address their most pressing challenges -- relentless data growth, constrained budgets, compliance, and discovery. We do this through backup and archiving solutions that help organizations insure recoverability and accessibility of ! data, improve resource efficiency, and increase the agility of their backup and archive infrastructure. Unlike any of other vendor, EMC offers application solutions to www.emc.com address the unique requirements of backup and archiving while enabling our twitter.com/EMCcorp customers to leverage a consolidated IT infrastructure for their backup and archive workloads. +1 866 438 3622 ! EMC SourceOne is a highly scalable archiving software platform enabling organizations to manage the lifecycle of corporate information, inclusive of all content types, according to consistent policies based on the content’s business value. EMC SourceOne solutions are designed to scale to meet large enterprise needs, yet offer a simple footprint for mid-sized customers. Our holistic but modular approach also provides organizations of all sizes a 'start anywhere - go anywhere' solution to address their most pressing archiving and discovery challenges – delivering immediate business benefit – and then expanding ©2012 Osterman Research, Inc. 10
  • 12. File Archiving: The Next Big Thing or Just Big? over time. EMC makes archiving and discovery actionable by enabling proactive, consistent and repeatable management of retention and disposition policies, and as appropriate, long-term preservation based on the value of the content. Additional information about EMC can be found at www.EMC.comarchiving © 2012 Osterman Research, Inc. All rights reserved. No part of this document may be reproduced in any form by any means, nor may it be distributed without the permission of Osterman Research, Inc., nor may it be resold or distributed by any entity other than Osterman Research, Inc., without prior written authorization of Osterman Research, Inc. Osterman Research, Inc. does not provide legal advice. Nothing in this document constitutes legal advice, nor shall this document or any software product or other offering referenced herein serve as a substitute for the reader’s compliance with any laws (including but not limited to any act, statue, regulation, rule, directive, administrative order, executive order, etc. (collectively, “Laws”)) referenced in this document. If necessary, the reader should consult with competent legal counsel regarding any Laws referenced herein. Osterman Research, Inc. makes no representation or warranty regarding the completeness or accuracy of the information contained in this document. THIS DOCUMENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ALL EXPRESS OR IMPLIED REPRESENTATIONS, CONDITIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE DETERMINED TO BE ILLEGAL. CITATIONS i http://www.fulbright.com/litigationtrends ii Source: Disciplinary and Other FINRA Actions, Reported for July 2012 iii Source: Osterman Research surveys iv http://www.informationweek.com/software/information-management/e-discovery-how- to-avoid-death-by-backup/224400402 v 2010 WL 184312 (S.D.N.Y. Jan. 15, 2010) vi http://civilprocedure.dbllaw.com/2011/08/past-eDiscovery-errors-result-in-sanctions/ vii 2012 WL 4523112 (10/12/12 D. Idaho) viii 2007 WL 4287750 (W.D.N.C. Dec. 5, 2007) ©2012 Osterman Research, Inc. 11