> Show  me  a search of a full text index that can positively give you
> 100%  of the hits on a given topic and I'll let you have this one :)

The  regulators  will  typically give you a list of search terms to be
used  in  a  full-text search. Their specifications are what guide the
accuracy  of the search. Of course, deliberate and deep obfuscation of
all  nouns  and verbs will elude the search. But you _must_ search all
communications,  including message bodies and attachments. This is the
law. You can debate the constitutionality of the law or what-have-you,
but the realities of an investigation are that all communications must
be  searched,  and  in any volume and with the deadlines one is always
under, that mandates full-text indexing.

> Manual review is necessary to verify, and chances are you would need
> to manually review every E-mail going to and from specific employees
> across a range of dates.

Wrong.  The  initial  request  is a list of search terms run through a
compliant  archiving  system. The search results are vetted by counsel
and  submitted  to  the  regulator. "Pruned" results may accompany the
full results of the search, but the computer-generated results are the
first line of compliance. At the regulator's discretion, manual review
of  all  emails to detect anomalies, obfuscation, et al. might then be
the next step.

> A good law firm would do the review themselves before passing on the
> material  to  the  regulators  instead  of  relying  on some tech to
> identify the subject matter by way of keyword.

The  keyword search is part of the regulatory framework for electronic
communications. Part of being compliant is ensuring that a search must
be  able  to  conducted  by  independent  auditors  _or the regulators
themselves_ at any time. In a proper setup, a tech does not need to be
involved in the actual search.

> I  was  involved  in  a case where I had to produce over 700 E-mails
> between myself and employees of another company. That wasn't fun. It
> was easy to identify the messages, but very time consuming to do the
> review.

Yes,  it  is  time-consuming. On that we agree. And shirking statutory
obligations that in fact shorten the time to settlement/dismissal, and
in turn bringing additional scrutiny, is not a wise tactic.

--Sandy


------------------------------------
Sanford Whiteman, Chief Technologist
Broadleaf Systems, a division of
Cypress Integrated Systems, Inc.
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