Chapter 13 Questions

CHAPTER 13 QUESTIONS

1. How do the Federal Rules of Civil Procedure address interoffice e-mail and other electronic data during the discovery process of a lawsuit?
2. Is e-mail private? Explain.
3. List three reasons why employers might wish to read employees' e-mail.
4. How do courts determine if employer monitoring is legal?
5. List two drawbacks to employer monitoring.
6. What federal statute allows ISPs to access their customers' e-mails that are stored on their servers?
7. Explain the term "en banc".
8. How long must ISPs retain log records upon request from a government agency and what statute mandates this?
9. Is routine deletion of office e-mail an advisable approach to avoid electronic discovery? Explain.
10. When does the duty to preserve electronic data arise?
11. What is a "litigation hold" procedure?
12. Give an example of metadata.
13. What is "spoilation"?

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2011 Edition Publication Date: August 2010. Published by Amber Book Company.

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Hardcover ISBN: 978-1-935971-01-6 • Softcover ISBN: 978-1-935971-00-9