Public schools and local governments may have more stringent requirements than most businesses for email archiving and electronic discovery. Yet, with their limited budgets, schools and local governments are often the least equipped to respond.
The newly revised Federal Rules of Civil Procedure define how email must be handled in federal court cases. Businesses tend to think that the FRCP focus is on interstate lawsuits. Schools and governments, however, also need to be concerned with emails relating to federally funded activities or any activity governed by federal legislation.
In addition, schools and local governments have the burden of responding to (1) requests under open meeting and Freedom of Information Act laws, (2) offensive emails or those with sexual content involving students, and (3) emailed threats.