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The Backup Tapes Quagmire

By Abraham J. Rein

As night follows day, government “hold” letters and subpoenas in white-collar investigations seek the preservation or production of “backup tapes.” Some prosecutors and agents may have a mistaken understanding of backup tapes; some may not understand what production and use actually entail.

Disaster recovery backup tapes (DRBTs) are tape-based media, housing data that is often compressed and heavily encrypted. The tapes are stored offsite, to be used only in the event of a disaster, such as a flood or fire, and are not intended to maintain data for litigation. DRBTs often are very costly to restore and produce, even more so if they house data that was generated with outdated programs or systems that need to be rebuilt.

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