We have been speaking to many companies that run the full spectrum in size and scope, from Fortune 50 companies to SME companies with 20 employees.

It is interesting that in many instances the Legal Department or Legal advisers to these organizations like to hedge the entire archiving discussion around PIN/SMS by taking the position: "If we don't archive the data, we won't have to produce it if we are caught up in a legal action." To be more succinct: "We can't give opposing counsel something we never had."

We also hear: "Legislation is very confusing and there is nothing specifically stated about the need to archive PIN/SMS data"

Let's turn back the clock to June 17, 1972 and the Democratic National Committee Headquarters at the Watergate hotel. An ill-fated President and his cronies took a similar stance that the law was somewhat grey around executive privilege and disclosure.

So here is my point. Laws and legislation have evolved over the course of the past 36 years around the need to retain paper documents in most enterprise and public organizations. These laws are detailed, massive and granular in nature.

Electronic Communications in the shadow of post-Enron/MCI nastiness are also evolving. These laws and resulting litigation around them is confusing for one reason. Vagueness allows the courts to garner as much information as possible so as to cover a relatively new medium. The truth of the matter is simple: These laws and requirements are quickly gaining the granularity and complexity of the paper trails organizations comply with today.

Burying one's head in the sand around this situation can only expose an organization to potential lost revenue through mishandled legal proceedings.