New federal guidelines that began Dec. 1 greatly expand the types of electronically stored information that companies could be required to produce in a lawsuit.
News of the revised rules are important for online adult companies, because nearly all of them use ICQ instant messaging to conduct business.
Voice-mail system archives, as well, have been added to the mix in the Federal Rules of Civil Procedure.
Jeffrey Ritter, cofounder of Waters Edge Consulting, an information management consultancy based in Reston, Va., said that the biggest worries stemming from the use of instant messaging will be skyrocketing costs and lost productivity during discovery.
“The burden facing companies is cost containment,” said Ritter, who also noted that many employees, at least in mainstream businesses, use free IM software at work but their employers have no idea what they're up to.
