Obama’s CrackBerry Addiction: e-Discovery Intervention?

To My Readers:  No matter what your political leanings may be, today is an example of what’s great about the United States; the peaceful, seamless transfer of power.  So, in honor of the inauguration, I felt it appropriate to jot down some observances I’ve made lately regarding the Presidency, e-evidence, privilege…and why I think they’ve got it all wrong…

Businessman Using a Palm Pilot

e-Discovery Insights:  Keep this on the down-low.  I have it on good authority that Barack Obama’s going to be in the nation’s capitol on Tuesday.  Let’s all plan to get him in a room and confront him on this whole ‘BlackBerry‘ problem.

Readers:  What’s the big deal?  He’s a thoughtful guy.  He’s responsible.  He can control himself.  Why are all of these lawyers making such a big deal out of this?

e-Discovery Insights:  Because PDAs are subject to subpoena, that’s why.

What’s the difference between your PDA and Obama’s BlackBerry?  Absolutely nothing.  You have the same exposure he does!  At least he might be able to invoke Executive Privilege in certain circumstances; meanwhile, you’ll be hoping for ‘run-of-the-mill’ privilege.

Now comes word the White House staff has been told they may not use instant messaging (IM).  Check out this quote – contained in the above link – from Reginald Brown, a former associate White House counsel for President Bush:

“These lawyers — [incoming White House Counsel] Greg Craig in
particular — come out of a law firm environment and knows how onerous
e-discovery has been for clients
,” (italics/bold added).

I’m feeling sooooooooo cool with my career choices right now…

j0438808Seriously though, I’m actually disappointed.  In my opinion, this is exactly the opposite of the approach I would like to see them take.  Why?

Because technology is HERE, it’s not going away, and it’s time we started accepting that fact and adapting to it rather than restricting it.  This administration may prevent their aides from using IM, but someday, it’s going to be used.  Wouldn’t the better way be to educate the staff, put some trust in them, implement policy and let them use the tools that exist solely to make communication easier?

Preposterous?  Inconceivable?  Impossible?  Unattainable?

I’ll ponder that while I watch the swearing-in of the first African-American President of the United States of America.

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