subpoena

Legislation such as the Sarbanes-Oxley Act and the Securities Exchange Commission (SEC) regulations stipulate how information must be handled and how long it must be retained. Subpoenas are frequently issued for stored or archived data such as e-mail or instant messaging correspondence. For example, if a corporate executive is accused of insider trading, a subpoena may demand all e-mail messages sent and received during a specific time frame. If the executive can not produce these records, the court may issue a subpoena to any Internet Service Provider (ISP) handling his Internet access account(s). Subpoenas may also be directed at people with whom the accused individual regularly corresponds.

E-mail messages should be considered business records and stored accordingly. Meticulous e-mail archiving (also called e-mail retention), like the retention of tax records, has become an essential part of the record-keeping routine for all businesses.

The word subpoena derives from the Latin phrase sub poena, meaning under penalty.

Read more about subpoena: - SearchSMB.com describes considerations for e-mail archiving and compliance. - This InformIT article explores legal requirements for e-mail retention. - AllBusiness.com emphasizes the importance of e-mail retention to the enterprise.

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