As messaging gets further defined beyond email to IM, texting, etc. companies are struggling with what to save and for how long.  The explosion in more and more unstructured ways to interact both in and out of the corporate network presents quite a dilemma for those in the legal, records, and/or compliance groups.

One particular question that has had a pretty consistent answer as we have talked to customers and prospects is that they (and, more importantly, their legal depts) feel they don’t have to archive IM conversations because it is "like a phone call."  Don’t record calls so therefore don’t archive IM chat sessions. 

The reinforcing point here in any retention program is consistency.  Do what you have always done and if you are going to start doing something new make sure you are well documented/justified and that the timing is not suspect.

Clear as mud, right?  The discussion over the burden that US companies feel to be compliant and prove their innocence is a topic for another day.  Also, please don’t take this as the gospel as I am not a lawyer and you should take inventory of your own situation.

Of course, if you are one of the unlucky firms regulated by NASD/SEC (17a-4) rules, you really have no choice here so plan on continuing to roll out storage infrastructure and chasing down how folks interact electronically.  You’re welcome.