Why Archiving and Why Now Michael Ivanov Sr

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Why Archiving and Why Now? Michael Ivanov Sr. Director - Archiving Commvault October 2007

Why Archiving and Why Now? Michael Ivanov Sr. Director - Archiving Commvault October 2007

The Evolution of Archiving n Archiving for Storage Management • • • Users want

The Evolution of Archiving n Archiving for Storage Management • • • Users want to keep data forever! Keep backing up the same old data Over and over… n And over… and over…

The PST Problem n n n Mailbox quotas created to manage database size for

The PST Problem n n n Mailbox quotas created to manage database size for DR • • Mailbox Quotas = Personal Stores (PST Files) Users don’t delete email! • Damaged, Lost, Stolen Laptops Original PST files were management issue (2 GB limit) New PST file issues n • • n Not backed up IP leakage risk Where are the files? Server? Desktop? Laptop? How many files are out there? What’s in those files? It’s the PST file you don’t know about that has the smoking gun! PST

Worldwide Regulations n n Public Record Office (U. K) Financial Services Authority (U. K.

Worldwide Regulations n n Public Record Office (U. K) Financial Services Authority (U. K. ) GDPd. U & Go. BS (Germany) NF Z 42 -013 (France) n n n Canadian Electronic Evidence Act n n n Commonwealth Consolidated Acts ELECTRONIC TRANSACTIONS ACT 1999 n EVIDENCE ACT 1995 Tas: Electronic Transactions Act 1999 NSW: Electronic Transactions Act 2000 SA: Electronic Transactions Act 2000 Vic: Electronic Transactions Act 2000 ACT: Electronic Transactions Act 2001 QLD: Electronic Transactions (Qld) Act 2001 NT: Electronic Transactions (Northern Territory) Act n n n n Sarbanes-Oxley Act NASD 3010/3110 SEC 17 a-4 HIPAA FDA 21 CRF Part 11 FRCP Amendments

Sense of Urgency n United States Federal Rules of Civil Procedure Amendments – Dec

Sense of Urgency n United States Federal Rules of Civil Procedure Amendments – Dec 1. 2006 • Rule 34(a), (b) n • Rule 16(b), 26(f) n • Definition of electronically stored information (ESI), production requirements, and expectations Meet-and-confer sessions must address e-discovery and preservation Rule 26(b)(2) n Production of data deemed “not reasonably accessible because of undue burden or cost” is not always required.

Recent Cases http: //www. ediscoverylaw. com/

Recent Cases http: //www. ediscoverylaw. com/

Recent Legislation – Victoria 2 New Acts n Crimes (Document Destruction) Act 2006 •

Recent Legislation – Victoria 2 New Acts n Crimes (Document Destruction) Act 2006 • • n Applies to conduct carried out in Victoria n • Documents “reasonably likely” to be required in any ongoing or potential future legal proceedings Both individuals and companies may be prosecuted • • Applies to civil proceedings conducted in Victoria Documents “unavailable” in civil proceedings Evidence (Document Unavailability) Act 2006 n • n n n Document that was previously in control of a party and which has been subsequently destroyed or rendered unusable Allows the court to reverse the effect of the loss of those documents by ordering: n n Companies that are resident or do business in Victoria That That an adverse inference be drawn because the document is not available a fact be presumed to be true if there is no evidence to the contrary certain evidence be rejected all or part of a defence or statement of claim be struck out the evidential burden of proof be reversed in relation to a fact in issue Effective September 1, 2006 Heavy Punishment • • • Could result in up to 5 years imprisonment or Maximum fine of approximately $65, 000 for individuals Maximum fine of approximately $320, 000 for companies

Crimes (Document Destruction) Act 2006 Evidence (Document Unavailability) Act 2006 http: //www. prov. vic.

Crimes (Document Destruction) Act 2006 Evidence (Document Unavailability) Act 2006 http: //www. prov. vic. gov. au/records/advice 18 summary. asp

Recent Legislation http: //www. mondaq. com/article. asp? articleid=44338

Recent Legislation http: //www. mondaq. com/article. asp? articleid=44338

BT (Australasia) Pty Ltd v State of New South Wales & Anor http: //www.

BT (Australasia) Pty Ltd v State of New South Wales & Anor http: //www. lawyersweekly. com. au/articles/Voyages-of-discovery_z 65436. htm

Commonwealth Consolidated Acts ELECTRONIC TRANSACTIONS ACT 1999 n n http: //www. austlii. edu. au/au/legis/cth/consol_act/eta

Commonwealth Consolidated Acts ELECTRONIC TRANSACTIONS ACT 1999 n n http: //www. austlii. edu. au/au/legis/cth/consol_act/eta 1999256/s 5. html#transaction “For the purposes of a law… …a transaction is not invalid because it took place wholly or partly by means of one or more electronic communications. ” “If, under a law… … a person is required to record information in writing, that requirement is taken to have been met if the person records the information in electronic form, where … at the time of the recording of the information, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference …” State Legislation Followed: • • Tas: Electronic Transactions Act 1999 NSW: Electronic Transactions Act 2000 SA: Electronic Transactions Act 2000 Vic: Electronic Transactions Act 2000 ACT: Electronic Transactions Act 2001 QLD: Electronic Transactions (Qld) Act 2001 NT: Electronic Transactions (Northern Territory) Act

Commonwealth Consolidated Acts EVIDENCE ACT 1995 n n http: //www. austlii. edu. au/au/legis/cth/consol_act/ea 199580/

Commonwealth Consolidated Acts EVIDENCE ACT 1995 n n http: //www. austlii. edu. au/au/legis/cth/consol_act/ea 199580/ Courts can rule on admissibility of electronic documents as evidence • Documents are admissible based on: n n Authenticity Security Accessibility State legislation Examples • • Supreme Court (General Civil Procedure) Rules 1996, in Victoria Supreme Court Rules 1970, in New South Wales

How do I prepare?

How do I prepare?

Archiving Considerations n Storage Management – Move from expensive primary storage to lower cost

Archiving Considerations n Storage Management – Move from expensive primary storage to lower cost secondary storage • n n n What about when secondary storage gets too large? What about other data types? What about backup? Where are your tapes? What about search/discovery? • Not just the archive, but backups and live content… Can you ensure proper disposition across all media? Can you perform a legal hold effectively? Archive Email Tape Delete File & Print Document Management Tape

How to Manage Retention n n n User in Control Mostly Dispersed Often Duplicated

How to Manage Retention n n n User in Control Mostly Dispersed Often Duplicated Sometimes Deleted Difficult to Manage Difficult to Protect Media Images / Video Email Internet Management Office Documents Fax / Scanned Mr & Ms user Policies Application Databases Email File & Print Document Management Delete

How do you mitigate your risk? n n n What is a “document? ”

How do you mitigate your risk? n n n What is a “document? ” • Emails, File System Data, Document Repositories • Online, Archive, Backup • • Be prepared! What data do you have? What format is it in? What are your retention policies? How do you perform an effective litigation hold? How do you search the data? How do you enable Legal to search the data? • • They don’t know what they don’t know You have to implement the policy ultimately • • More Storage = More Power, Cooling, Space, etc. More Storage = Tiered Storage! Where is the “document? ” This will impact IT… 100% of the time! Engage with Legal to understand company policy Longer Retention Periods = More Storage

Summary n n Archiving for Storage Management • • • Free up expensive production

Summary n n Archiving for Storage Management • • • Free up expensive production disk storage Reduce backup windows Reduce recovery times • • Make sure to capture the data in the first place Proper retention / disposition management Archiving for Legal Discovery / Compliance • • n Not just Archive, but Backup as well Litigation hold procedures How quickly can you perform a legal discovery? How comprehensive is your legal discovery? Be prepared!

Thank You! www. commvault. com mivanov@commvault. com

Thank You! www. commvault. com mivanov@commvault. com