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Electronic communications, like email and now IM, are subject to an increasing number of industry and government regulations, and demonstrating compliance with the various rules and standards presents a key challenge for today's organization.

Instant Messaging for business communications - whether or not it's authorized - is widely considered a form of electronic communication and subject to all rules and standards applicable to email. That is, regulations (such as SEC 17a-4, NASD 3010, Sarbanes-Oxley, HIPAA, and Gramm-Leach-Bliley) now apply to Instant Messaging - both public IM (such as AOL, MSN, ICQ, and Yahoo!) and enterprise IM (such as Microsoft Live Communications Server and IBM Lotus Instant Messaging).

Failing to comply with these regulations is no longer an inconsequential slap on the wrist, but can result in significant financial and legal liabilities. Regulations for electronic communications that apply to Instant Messaging can be generally grouped into two categories:

  • Information Control, Retention & Review
  • Privacy Protection & Security

Information Control, Retention & Review

Companies are required to control who can IM with whom (such as enforcing Chinese walls), to log and archive all IM, and to systematically review messages. These regulations include SEC 17a-4, NASD 3010, NASD 2711, NYSE Rules 440 & 342, Freedom of Information Act, and Sarbanes-Oxley.

Control access to IM

  • Access control by user, group & domain
  • Flexible content & keyword filtering
  • Chinese walls between groups
  • Automatic screen name mapping
  • Authorized access to all public IM

Log & archive all IM

  • Log both public and enterprise IM
  • Integrations with leading email archiving systems
  • Zero message loss architecture

Review & audit IM

  • Robust web-based search & retrieval
  • Conversation annotation and escalation features
  • Reviewer and auditor roles with review quotas
  • IM compliance reporting

Regulation

Requirement for Industry

SEC 17a-3 & 17a4

Archive & review of electronic communications
FINANCIAL SERVICES

FDIC

Retention and review of all electronic communications
FDIC MEMBER BANKS & FINANCIAL INSTITUTIONS

NASD 3010 & 3110

Retention and review policies for electronic communications
FINANCIAL SERVICES

NASD 2711

Separation of broker-dealers from investment analysts
FINANCIAL SERVICES

NYSE Rule 440

Retention of all order electronic communications
FINANCIAL SERVICES

FERC/NERC

Retention and review of all electronic communications
ENERGY COMPANIES

Sarbanes-Oxley

Availability of historical communications for audits and Chinese walls for analysts
PUBLICLY TRADED COMPANIES

Freedom of Information Act

Control and retention of all records
FEDERAL GOVERNMENT AGENCIES AND CONTRACTORS

21CFR Part 11

Retention and audit of "e-records"
LIFE SCIENCES & PHARMACEUTICALS

5015.2STD

Retention and audit of messages
DEPARTMENT OF DEFENSE

Regulation FD

Control over external communications
PUBLICLY TRADED COMPANIES

Akonix Features For IM Compliance

» Logging and archiving all IM conversations
» Real-time monitoring of flagged messages
» Flexible web-based search and retrieval
» Multiple user roles for systematic audit of messages
» Annotation and email escalation of flagged or blocked messages
» Tracking for % of reviewed messages
» Ad hoc or scheduled compliance reports
» Access control to logs by group
» Flexible access control to enforce Chinese walls
» Informative reports on policy violations


Privacy Protection & Security

Companies are required to protect sensitive information (such as consumer financial data) when using Instant Messaging. Regulations include HIPAA Privacy and Security, Gramm-Leach-Bliley, and California SB 1386

Akonix delivers the industry-leading solution to allow companies to meet and demonstrate compliance with both categories of industry and government regulations on Instant Messaging. Combining Akonix L7 Enterprise with Akonix L7 Enforcer provides complete regulatory compliance to enterprises while allowing them to continue to realize the benefits of IM for business communications.

  • Flexible content filtering
  • Encrypted message log
  • Access control by user, group and domain
  • Internal message reflection

Regulation

Requirement for Industry

HIPAA

Protection of all patient health information
HEALTH-RELATED INDUSTRIES

Gramm-Leach-Bliley Act

Protection of customer information
ALL INDUSTRIES

California sB 1386

SProtection of personal information
ALL CALIFORNIA INDUSTRIES

EU Data Protection Act (EU)

Protection of personal information
ALL INDUSTRIES

PIPEDA (Canada)

Protection of personal information
ALL CANADIAN INDUSTRIES

» Flexible keyword & pattern (such as SSN) filtering
» Message logs encrypted and protected
» Granular access control by user, group and domain
» Internal message reflection to keep data internal
» File transfer control by user and file type
» Informative reports on policy violations


If you would like to contact a member of our consultancy team today please either telephone or email;

Tel: +44 (0) 1622 618 752
Email: sales@bii-compliance.com

 

 

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