The Hanzo Blog
30 Oct 08
Websites Are Like Any Other ESI
Re: Arteria Prop. Pty Ltd. v. Universal Funding V.T.O., Inc., 2008 WL 4513696 (D.N.J. Oct. 1, 2008):
From Finding "No Reason to Treat Websites Differently than Other Electronic Files," Court Grants Adverse Inference for Failure to Preserve Website : Electronic Discovery Law
This is a great decision for Hanzo customers. Here are the key issues raised:
- You are responsible for your website, no matter who maintains it or hosts it, it is your responsibility
- If you reasonably anticipate litigation you are required to preserve your website - "litigation hold"
This decision clearly underlines our product strategy.
We've designed our web archiving tool for exactly this scenario. As responsible owner of your websites, you should have records and information management policies in place to systematically archive your websites -- a "web archive". You can't rely on the developers or agencies involved in its development or hosting.
Hanzo archives any number of websites, from multiple URLs, CMS, databases and technologies, according to an agreed archive policy, and stores them in a secure, authenticating web archive. The web archive is an independent store for all your website content, enabling you to retain them according to your information management policies. This requires no additional effort by or consent from your developers, website designers, marketing agencies or hosting partners.
Secondly, the web archive provides a litigation hold for any or all of the web archive content. Moreover it is fully browsable, searchable and exportable, enabling discovery of your web resources in a fraction of the time taken using traditional preservation methods.
A more complete description of the case and the decision are on the Electronic Discovery Law blog.