13 Aug 2007
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By Dave Vellante and Michael McCreary August 10, 2007
The center of gravity for e-mail archiving is shifting from the IT server room to the boardroom via the courtroom, and the technologies and business processes associated with e-mail archiving are shifting as well.
For several years, the growth of unstructured content has been substantially more rapid than structured information. Because they contain highly structured data and metadata, applications such as ERP, financials, CRM, supply chain, etc., can be credibly used to indisputably re-create a sequence of events such as who placed the order, for what, for how much, when, and on what terms. In contrast, unstructured information such as e-mails, documents, spreadsheets, voicemail, and pictures are masses of stored information where it’s much more difficult to determine what’s relevant and replicate a decision flow in a manner that is provable with a reasonable degree of certainty. This represents a huge liability for organizations as information uncertainty grows daily and exponentially.
The legal community has discovered that unstructured information in general, and e-mail archives in particular, represent a new source of revenue, leading to a large number of lawsuits in which old e-mails become the key piece of evidence used to confirm charges of corporate wrongdoing. What’s more, changes to the Federal Rules of Civil Procedure (FRCP) adopted late in 2006 now require civil litigants to consider electronic evidence as part of the discovery process.
Not only is e-mail a prime candidate to look for a “smoking gun,” but the procedures by which e-mail is managed are also coming under attack and intensified scrutiny. Sometimes, it is easier to attack a firm’s business policies and procedures than it is to argue the pure merits of a case. E-mail management has become fertile ground for these types of attacks. Organizations that are unable to demonstrate clear, well-defined, and followed policies, procedures, and tools for e-mail management are open to accusations of systematic destruction or spoliation of e-mail-based evidence. Penalties for these types of violations can be severe, ranging from sanctions all the way to an adverse inference whereby the court essentially states that the evidence not produced by an organization should be assumed adverse to their case, effectively shifting the burden of proof. Policies and procedures for retention, backup, departing staff, disaster recovery, security, and access control are all fair game and may come under scrutiny.
As a result, e-mail archiving capabilities should not only focus narrowly on IT interests (e.g., holding down the cost of storing e-mails), but also begin to align with business imperatives, especially from the legal function within organizations. Legal departments view e-mail archives as critical to their day-to-day operations, and e-mail has become a mission-critical application. As such, while storage cost containment remains important, and in some respects is under even greater pressure than ever, successful e-mail archive initiatives emphasize not just reducing the cost of writing e-mail to an archive, but also querying e-mail that is necessary to support an efficient and effective discovery process. As shown in the table below, the business dynamics and corollary IT/storage administration implications of this imperative are evolving.
The two main drivers behind this trend are the need to better support the legal activities of the corporation (i.e., reduce exposure to expensive lawsuits) and the necessity to maintain compliance with increasingly information-oriented regulations. It is important to note that the shifting center of gravity for e-mail archiving from the IT server room to the courtroom will evolve still further. The technologies, functionality, and business capabilities associated with being able to query, extract, and rapidly decipher large amounts of unstructured data will eventually find themselves at the center of boardroom discussions as organizations attempt to proactively verify that business practices and employee behaviors are consistent with the cultural and policy edicts of the organization. Furthermore, over time, line-of-business executives will begin to demand a payback on e-mail archiving investments, beyond risk reduction, deriving more value from information assets and directly improve the performance of their businesses (Stage 6 of table).
These trends have three significant consequences for storage administrators:
Over the next few years, we expect to see significant new case law test the limits and requirements of e-mail archiving, which will continue to drive new investment in these technologies. We will also start seeing businesses further experiment with the capabilities created by e-mail archiving in other business domains in an attempt to affect document and information lifecycle management (ILM) strategies beyond e-mail. E-mail managers are under pressure to ensure the cost, performance, responsiveness, and validity of e-mail archives are maintained. Users and senior managers notice when things go wrong or performance is not adequate. At the same time, the legal and compliance functions are responsible for ensuring organizations are adequately protected from outside (or internal) exposures. To IT, e-mail archiving systems should be implemented in ways that have minimum impact on operations—but this is not always easy. For example, the simplest way to populate an e-mail archive system is to use the daily backup as a source of record. However, using the e-mail backup copy will not ensure all the e-mails are captured. E-mails immediately deleted by users, for example, will not be accessible because they’ll never be backed up. E-mail is the lifeblood of most enterprises. Its value to the business is speed, flexibility, and lack of formal structure. Any initiative that seeks to change this must include an evaluation of the risk/reward equation. Case studies of large and mid-sized organizations show that as much as 50% of file-based storage (e.g., NAS) is allocated to storing .pst files, often a huge amount of storage. This is not surprising given the overlap in e-mail content as, for example, the same attachment goes to 10 different users.
E-mail archiving shows up as the tip of the iceberg when it comes to managing, securing, and exploiting the unstructured data within an organization. While some vendors are trying to integrate the pieces into a single solution, no vendor has articulated a complete and scalable technology road map to achieve this. Today’s e-mail archiving products can largely be viewed as point solutions that either focus on infrastructure challenges, or attempt to solve end-user problems for archiving or e-discovery. Many solutions fail to provide adequate functions for users, or provide user functions without adequate performance, scalability, or integration with other unstructured data in the organization. The market will likely bifurcate, and users should expect products that concentrate either on data infrastructure or best-of-breed functionality. Much, if not most, of today’s activity around e-mail archiving is being driven by the need to reduce corporate exposure. Organizations realize, however, that the broader use and integration of unstructured information systems brings potentially enormous value in terms of improved opportunity mining, cross-selling, and massive productivity enhancements. These initiatives will require storage administrators to consider accommodating the policy edicts of many other parts of the organization within the process framework of the e-mail archiving infrastructure. This means balancing the needs of maturing e-mail archiving processes with other document and ILM activities, and integrating what may be “siloed” security, compliance, retention, and other practices. Developing cross-organizational standards today will dramatically accelerate integration efforts down the road. David Vellante is a co-founder of The Wikibon Project (www.wikibon.org), an open-source research and advisory community of practitioners and consultants dedicated to improving the adoption of technology and business systems. Michael McCreary is a member of the Wikibon community, and is senior director, legal business technology, at Pfizer. The views and opinions expressed in this article are his and those of his co-author and should not be construed as being reflective of those of his employer.
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Tags: Archiving, E-mail management
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