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Mobile Website Archiving

Have you created a mobile-optimized website for customers to view on their iPhones, tablet computers, and other mobile devices?  You’ve ensured a great user experience for your customers on-the-go!  But you may not realize that you’ve also complicated your digital records by making a similar — but not exact — replica of your website.

If you’re only archiving the standard version of your site, be aware that mobile versions of your website are every bit as accountable to regulators and vulnerable to e-discovery or litigation.  Think about the implications of having both a native and mobile version of your company site, from the perspective of records retention:

Two website versions = two different user experiences.

You work tirelessly to give your customers the best online experience possible, whether they’re accessing your website at home or on the go.  But with great service comes great responsibility — when you provide mobile versions of your site, you’re multiplying your digital content, and changing it as well. Regulatory requirements for most industries demand that ALL your electronic records be preserved, so you need to archive BOTH your standard and mobile versions to remain compliant.

Original medium and perfect playback required.

Some industry regulations (like those for the financial sector) demand that digital records be preserved in whatever medium they were originally produced.  If you’re running Flash on a mobile site, or developing with Javascript frameworks like JQuery Mobile, Titanium, Sencha, and XHTML Touch, make sure your archiving solution can handle these dynamic javascript frameworks. The digital copies need to perform perfectly, giving an accurate representation of the user experience at the time of the archive.  This will include mobile sites being viewed on a mobile device.

Litigation risk increases with mobile websites.

What if your mobile website includes a Flash video explaining the use of your product or services?  What if there’s fine print on your website that’s hard to read on a mobile phone?  If a customer brings a lawsuit against you, with the claim that you didn’t provide pertinent or obligatory information, you need to be prepared to show what was visible on the mobile site.  It’s not enough to show that your standard website contains the necessary info.  Your proof of content must exist in the mobile context — you must be able to show exactly how your website appeared to customers on their mobile devices.

Feel secure — archive your mobile website.

Social media and mobile communications have complicated the field of digital archiving — but PageFreezer works to make the process simple for your organization.  Simple, but comprehensive and secure.  We can archive your mobile website, including Flash and rich media content, in a way that complies with industry standards.  As always, the digital timestamp and signature ensure that your records stand up as evidence in court.  So go ahead and give your customers a stellar mobile web experience, and we’ll make sure your mobile website is archived securely.

To learn more please visit our website archiving page.

Online Records Retention

5 Tips For Online Records Retention

How is your business dealing with the issue of digital record-keeping and online document security? Do you feel confident that you could present your records as authentic evidence to a regulator or judge? How quickly could you locate and obtain particular records or web pages if you were asked to produce them? These are the hard questions that smart businesses will ask themselves in the midst of rapidly changing digital world. Financial companies, publicly traded companies, and even governments must recognize the need for retention solutions that are up-to-speed with today’s new technologies (also the new regulations and demands that accompany them.) If your online back-up plan needs an overhaul, keep these points in mind during the remodeling.

1. Fragmention is not your friend.

Document management and compliance experts say when it comes to digital records, companies can get bogged down in narrow issues rather than looking at the big picture. Backup systems, software options, and other management solutions can be distracting from a focus on the overall flow and efficiency of the company. Here’s the deal: you’ve got lots of online content. It all needs to be preserved impeccably if you’re to remain both compliant (to records laws) and prepared (for legal situations).  PageFreezer speaks to that comprehensive approach by providing regular and secure archiving of all your online activity — as much or as little as you specify. No fragmentation — just seamless, automatic preservation of your records.

2. Regulation compliance may not be enough.

While it’s nice to know you’re in line with SOX, SEC, or FINRA requirements, bear in mind that the risk of litigation against your company is a pressing issue that must be addressed.  Many companies mistakenly believe that being in compliance with records retention laws automatically means their records won’t be challenged in court. Not so! As noted by Financial Advisor Magazine in an article on the subject, courts are increasingly questioning the validity of digital records.

A stunning example of this is the 2005 case of Vee Vinhee vs. American Express Travel Related Services Company Inc. — in which Vinhee (who was filing bankruptcy while owing over $40,000 to AmEx) won his case without legal representation and without even attending the trial. Amex lost because the company rested its case on its internal computer records, which could not be proven authentic to the satisfaction of the court.

3. You have the burden of proof.

The example above highlights the fact that companies are being held responsible for proving the authenticity of their records. The court must be convinced of the fact that the records have not been tampered with. According to Judge Christopher Klein (in his comments on the Vinhee case), the key issue is that the record is what it purports to be.  Is your business prepared to shoulder the burden of proof in court? It’s not such a burden when you utilize PageFreezer — we put a digital signature and timestamp on every page to assure data integrity and authenticity. Plus, we employ powerful search features that help you find the exact records you need, when you need them.

4. Better safe than sorry.

Another case concerning the admissibility of online records was that of Lorraine vs. Markel American Insurance Company (dated May 4, 2007).  This suit dealt with lightening damage to a yacht that was owned by Jack Lorraine and insured by Marckel. Both sides presented e-mail evidence to support their claims, but the submissions were rejected by Chief U. S. Magistrate Judge Paul W. Grimm. He said they failed to meet the FRE standards for admissible evidence. It was a landmark ruling in the arena of digital evidence. Grimm noted in his statement about the ruling, if it is critical to the success of your case to admit into evidence computer-stored records, it would be prudent to plan to authenticate the records by the most rigorous standards that may be applied. In other words, better safe than sorry! Choose the safe route — PageFreezer preserves your archives according to the highest standards possible.

5. Delegate — and breathe easier.

The whole issue of online records retention can be a real headache in today’s ever-changing technological climate. Companies drive themselves crazy trying to stay on top of the regulations and requirements! Don’t underestimate the peace of mind that comes with delegating this matter to a reliable outside service like PageFreezer. We handle the technology and shoulder the responsibility of maintaining perfect records for your business because you have other things to do. Feel free to do them while we archive your websites — keeping your company informed, compliant, and prepared.

Digital records: avoiding spoliation

How to avoid spoliation and sanctions when dealing with digital records

Electronic data is still on the rise — and so are sanctions relating to the inadvertent destruction of such data prior to litigation. The lack of a responsible records management policy for digital data puts companies at increased risk for censure during litigation. As the volume of online records continues to grow, courts will be increasingly prone to imposing sanctions and fines — holding businesses accountable for their records management practices.

These risks can be avoided, however. The answer lies in the implementation of a solid retention plan for all your electronic records (including web content, social media, etc). Having a records management policy simplifies litigation and ediscovery. It ensures that your web records will have an acceptable life cycle that includes capture, storage, and methodical destruction (when applicable).

Don’t rely on “safe harbor”

Although Federal Rule 37(e) provides protection for parties that have destroyed electronic evidence “in good faith”, according to a routine schedule when there was no expectation of litigation, companies must be careful not to lean too heavily on this “safe harbor”. There are some caveats to keep in mind:

  • . . .you already have an operating data management initiative. You must be able to prove that if data was destroyed, it was according to a schedule that was established before litigation began.
  • . . .you are able to place a legal hold on your digital data. Once litigation is anticipated, all records must immediately be held unaltered in case they are relevant. Your retention solution must put you in control of your electronic records.
  • . . .you can easily search your data and retrieve any files that are requested. Having a streamlined solution with powerful search features will empower you to dig up specific files from specific times, without wondering whether some have been inadvertently lost.

The safe harbor rule exists because no business can be expected to keep all digital records indefinitely. But if you don’t have a clearly defined policy for managing your data, the rule won’t get you very far in court.

Worth the investment

Some companies are concerned about the cost of implementing a retention system for their online content. The truth is, the investment is not as expensive as being caught unprepared for a request for electronic evidence. You will either pay for a comprehensive solution that keeps your digital records searchable and court-ready, or you will pay with increased costs and reputation damage when litigation takes you by surprise. Which would you rather do?

PageFreezer tops “Archival Acid Test”

Web archiving continues to be a critical issue as companies and organizations search for the most foolproof methods of preserving their online content. There are numerous tools and services out there, but how can you be sure which one can stand up to its claims? The primary concern is that an archived page with complex content can be very hard to capture and replay perfectly.

To investigate the strengths and weaknesses of various archiving tools, the Web Science and Digital Libraries Research Group at Old Dominion University developed an “Archival Acid Test”. The test evaluates features which modern browsers execute well, but preservation tools often have trouble handling (such as Javascript, CSS, and HTML5 content). The researchers tested five web archiving services – Archive.org, Archive.is, Mummify.it (no longer functional), Perma.cc, and WebCite – along with the archiving tools Heritrix, WARCreate, and GNU Wget. The findings were published by the University in a paper, which revealed that none of the tools tested were able to fully render a captured version of the elements that displayed perfectly in a live web browser (such as Chrome).

Since PageFreezer is industry-leading in its ability to capture and replay web content, we asked the group to put our service to the test. The results were telling – PageFreezer was the only tool to pass every requirement, even advanced features!

PageFreezer archiving acid test graphWhen you are using PageFreezer, you can be confident that you are working with the most advanced website archiving solution available. It makes PageFreezer a smart choice for regulatory compliance and other cases where accuracy and completeness are critical.

Archives on Demand

At PageFreezer, we believe in making website archiving easy. Really easy. That’s why we developed a user interface that puts you in charge. You can manage, edit, and fine-tune your archives without having to contact customer service or put in a request. The power is yours!

We even made it possible for you to create an instant archive of your website (or social media page) anytime you choose. This handy-dandy feature puts you in control and allows you to…

  • Save storage space. If your website doesn’t change frequently, you may choose to capture it only once per day or week. This helps you save storage space (and money). With archiving-on-demand available, you don’t have to worry about altering your archiving schedule if sudden changes are made to your site. Just take an instant snapshot and you’re good to go.

  • Be prepared for anything. Many companies archive their sites for litigation protection or regulatory compliance. If you suddenly need to produce a current copy of your website, you can do so easily, with no wait time.

  • Confidently update your website. Suppose you are working on an entirely new website, or doing a major overhaul of the one you have. You can feel confident about changing content when an instant archive is always available. This also goes for temporary pages or when you need to delete comments off your blog or social media page. No need to wait for the next regularly scheduled capture — just archive instantly and proceed with confidence!

On-demand archiving is simple to use. Here’s the breakdown:

  1. Log into your PageFreezer account

  2. Find the website you wish to capture and click “edit” on the right

  3. At the bottom of the Settings page, click “Advanced”

  4. That little button that says ARCHIVE NOW — click it!

Ta-da! Instant archive. You get a fully functional copy of your site as it exists right now, that stands as admissible evidence in court. Plus, you get that peaceful feeling that you have covered your bases before making changes to your site. And it happened with a few simple clicks. Now that was easy!