The life insurance company has been using the Fortiva service and has stored 350,000 pieces of e-mail since February. Even so, a full-text search takes less than 10 seconds, Comstock said. But he noted that the company can't track Web-based e-mail and instant messaging documents and therefore could run into problems complying with enhanced e-discovery rules.

"Eventually, we'll have to find a way to [capture] text messages," he said.

New features in backup and archiving products may make it easier for users to retrieve their own data but could wind up opening corporations to more legal liability, said Deidre Paknad, CEO of PSS Systems Inc., a Mountain View, Calif.-based maker of software intended to help companies create and manage global retention policies. "Anyone in litigation is going to say that storing less data is always better. Retain what they need to -- nothing more, nothing less," because retaining more data than required could give an opposing side more ammunition, Paknad said.

Planning ahead

Even organizations that may be exempt from such retention rules, such as public entities, are starting to take steps to comply with them. "We know that ultimately, it'll come to pass that we'll have to be compliant," said Jory Wolf, CIO for the city of Santa Monica, Calif., which has a population of 93,000. Wolf said it's unclear whether the new rules will require compliance by the city.