Extract from Tad Simons’ article “Will Gmail’s New Security Features Complicate eDiscovery?”
Google’s recent update of its Gmail platform added security features that will soon make it possible for lawyers to have more secure communications with their clients. But those same features may prove problematic in the future when it comes to eDiscovery — specifically when lawyers ask to see electronic records in a case, and those records no longer exist.
According to Brian Schrader, president and CEO of the New York-based eDiscovery firm BIA, Gmail’s new security features, while laudable, may have unforeseen and unintended consequences in the area of eDiscovery. “Some of Gmail’s new security features, such as automatic expiration and two-factor authentication, are great from a security standpoint,” Schrader says. “But both of those features could make eDiscovery extremely difficult, if not impossible.”