Study Finds Small Securities Firms Falling Short in Compliance With SEC Email Archiving Regulations
More than one in three are not yet archiving; one in five are not even aware they must archive.
ST. PAUL, MINN. (PRWEB) August 15, 2005 -- Intradyn, the leader in simple,
low-cost solutions for automated email compliance, announced today surprising
findings from a research study it has completed on the subject of email
retention to comply with government regulations in the securities industry. The
objective of the study, based on a research project of the University of St.
Thomas in St. Paul, Minn., was to survey small to midsized securities firms
(broker-dealers) to ascertain their current practices for archiving email, or
their plans to do so, to meet SEC requirements, which are the strictest of such
regulations across all industry.
SEC-regulated firms must maintain a
secure, non-alterable, and searchable archive of all their email for as long as
seven years in some instances, or face stiff penalties and fines. Examples of
such fines over recent years are these: a group of large Wall Street brokerages
was fined in 2003 a collective $1.4 billion for violations that included email
transgressions; in late 2004, several lesser-sized firms were fined a total of
$3.65 million, part of which was for improper archiving of email messages; soon
after, JP Morgan was fined $2.1 million to settle accusations that it failed to
retain e-mails sought in investigations of stock research analyst misconduct;
and, in July 2005, a much smaller brokerage in Pennsylvania, Hornor Townsend
& Kent, was fined $325,000 for violations that included failing to retain
the email communications of 83 employees.
The number of firms affected by
the SEC’s email retention regulations is expanding, since hedge funds – 8,000
additional firms according to the Wall Street Journal – must become compliant by
February 1, 2006.
In the Intradyn survey, a single individual at each
broker-dealer firm was interviewed at length – either the compliance officer (or
the principal charged with that responsibility) or, if not available, the IT
manager. Firms were selected for the survey on an “nth name” basis across the
entire U.S. from the National Association of Securities Dealers (NASD)
membership list – but only firms of less than 100 employees were contacted. This
category makes up approximately 94% of the NASD’s membership.
• 36% of
the firms surveyed were not yet archiving email
• 20% said they were not even
aware of the requirements
• 80% of the firms that were not currently
archiving have plans to do so
It should be noted that more than half of
the broker-dealers contacted refused to participate in the survey, apparently
due to concerns about not being compliant, even though their privacy was
assured. (These firms were not counted in the study results noted above.) The
conclusion that can be drawn is that many small securities firms, perhaps even a
majority, are not in compliance with SEC 17a-4, NASD 3010 email archiving
regulations– either due to ignorance, or to the cost and complexity of
previously available automated email archiving solutions to become
compliant.
Other Studies’ Findings
Results from other surveys support
the results of the Intradyn study and highlight the growing attention being
placed on email archiving and email management. In a poll conducted this month
by online publication Compliance Pipeline (published by CMP), 59% of the
respondents – across all industry – said they were not archiving their
electronic communications (email, instant messages) as business records. Only
27% said they have an archiving system in place. Another 13% indicated they
didn’t know whether electronic communications were being archived.
In May
a survey conducted by Forrester Research of email decision-makers at U.S. firms,
respondents said 24.7% of outgoing emails contain content that poses a legal,
financial, or regulatory risk. And 10.5% of the companies surveyed had been
ordered by a court or regulatory body to produce email within the past
year.
A Large and Growing Market
The research firm Radicati Group, in
a June 2005 report, stated that revenues for e-mail archiving vendors are
expected to approach $465 million in 2005, and grow to more than $4.4 billion by
2009. (The report is entitled “E-Mail Archiving Market,
2005-2009.”)
Intradyn’s Email Archiving Solution
The ComplianceVault™
appliance from Intradyn is comarketed with Sony Electronics (NYSE: SNY). It is
an integrated hardware/software solution that captures all a user company’s
email on a continuous basis, from a virtually unlimited number of mailboxes –
storing all email messages on both hard disk and unalterable media (Sony® AIT™
WORM tape). The product is an easy-to-use appliance that connects quickly to the
network to give smaller firms powerful email search and retrieval capabilities,
with the ability to control the device from any web browser. It works with
Microsoft® Exchange™, Lotus Notes®, Novell Groupwise®, or any IMAP or POP3 email
server. It can be quickly installed, requires no integration or IT expertise,
and allows the administrator to search the content of up to one million emails
per second by keywords, date or range of dates, or by mailbox/user. In addition,
it has an audit feature that tracks all access to the system. For more
information about the ComplianceVault™ Email Archiving & Retrieval
Appliance, featuring Sony AIT tape technology, see http://www.intradyn.com/compliancevault/. For a white paper
published jointly by Intradyn and Sony, entitled “Email-Archiving Regulatory
Compliance for Small to Midsized Businesses (SMBs),” go to http://www.intradyn.com/pdfs/EmailArchiving-IntradynSony.pdf.
About
Intradyn Inc.
Intradyn’s mission is “Data Protection Made Simple.™”
Headquartered in Eagan, Minnesota, the company develops software that it
incorporates into all-in-one data protection and preservation “appliances” –
bringing enterprise-class functionality at prices affordable to small and
midsized businesses (SMBs). Founded in 2001, Intradyn designs its products
specifically to address the overriding IT issues facing smaller businesses
today: complexity and affordability. It introduced the RocketVault™ Backup &
Archiving Appliance in July 2003, and later that year won a “Best of the Tests”
award from Network World magazine. The company’s other products include the
BackAgain™ family of data protection software for Microsoft Windows™
environments, and the ComplianceVault™ Email Archiving Appliance, which allows
companies to affordably comply with such strict rules as the SEC’s email
retention and availability regulations. The company sells its products
throughout the U.S. and internationally through a growing network of resellers
and partners, now numbering more than 125 organizations. More information is
available at the company’s web site, http://www.intradyn.com, or by calling
651-203-4600.
Press Contact:
Tony Keller
S&S Public
Relations
719- 634-8279
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Data Protection
Made Simple™, RocketVault™, BackAgain™, ComplianceVault™ are trademarks of
Intradyn Inc.
SONY and AIT are trademarks of Sony Corp. All other names used
within are trademarks of their respective owners.
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Source : http://www.prweb.com/releases/2005/8/prweb272596.htm