| Section Number |
Description of Rule |
How Online Backup Supports the Rule |
Section 103:
Auditing, Quality Control, And Independence Standards And Rules
|
Requires the Public Company Accounting Oversight Board (the “Board”)
to establish certain quality control and ethics standards to be used by
all public accounting firms registered pursuant to SOX in the
preparation and issuance of audit reports. Under SOX, only a registered
public accounting firm may prepare or issue any audit report of any
issuer. In connection with the Board’s obligations under Section 103,
the Board must require that all registered public accounting firms
“prepare, and maintain for a period of not less than 7 years, audit work
papers, and other information related to any audit report, in sufficient
detail to support the conclusions reached in such report.” |
Online backup supports your efforts to prepare documents for
inspection and audit. It captures and stores your data to a remote
server where the files are stored securely and safely until inspection.
A backed up file can remain, indefinitely, on our servers until it is
needed for audit or inspection. Our remote backup system allows access
only to the correct username/password combination; the file can be
restored to your local desktop, either via the backup client or through
our Remote Web Access interface. |
Section 104:
Inspections of Registered Public Accounting Firms
|
Requires, among other things, the Board to conduct quality
inspections to ensure compliance with SOX annually for registered public
accounting firms that audit more than 100 issuers per year and at least
every three years for all other firms. The SEC or the Board may request
an impromptu inspection be conducted by the Board of any registered
public accounting firm at any time. |
Online gives users on-demand access to their data. An inspector may
access any file stored to the remote backup system in order to perform
the required inspection. Additionally, different historical versions of
a file can be restored and inspected to compare and contrast a
document's revisions. |
Section 105(d):
Investigations And Disciplinary Proceedings; Reporting of Sanctions
|
Section 105 generally requires the Board to establish certain
procedures for the investigation and disciplining of registered public
accounting firms (and persons associated therewith). In particular,
Subsection (b)(5)(a) thereof provides that all documents prepared or
received by the Board in connection with the inspections required by
Section 104 and proceedings pursuant to Sec. 105 are regarded as
“confidential and privileged as an evidentiary matter (and shall not be
subject to civil discovery or other legal process) in any proceeding in
any Federal or State court or administrative agency . . .unless and
until presented in connection with a public proceeding or released [in
connection with certain disciplinary procedures].” |
When you use online services to backup your data, you are using some
of the best encryption and data protection tools available to maintain
complete confidentiality. From the moment you perform your first backup,
your data is encrypted using 448 BIT encryption, the strongest
available. The files themselves are encrypted on your computer before
leaving your office - and remain encrypted until you access them again.
|
Title VIII:
Corporate and Criminal Fraud Accountability Act of 2002
|
"Knowingly" destroying or creating documents to "impede, obstruct or
influence" any federal investigation, whether it exists or is
contemplated, is a felony. |
We employ the latest technology available to prevent unauthorized
access to your data and maintain data continuity. The data center uses
state-of-the-art security including:
• Halon fire suppression system
• Diesel generator backup power supply
• Full systems redundancy
• Network connections from Tier One providers
• Biometric controlled facility access
• 24 X 7 on-site systems administration
• Climate controlled environment
• 24 X 7 on-site surveillance |
Section 802:
Mandatory Document Retention
|
Section 802 amends Chapter 73 of title 18, United States Code, by
adding certain criminal penalties for altering documents, including
making it a felony for anyone to “knowingly” destroy or falsify any
documents in order to “impede, obstruct, or influence” any federal
investigation of any type, whether existing or contemplated, is a
felony. Violations of this provision will result in a mandatory fine and
may result in imprisonment (not to exceed 20 years), or both. |
Our service supports SOX requirements for mandatory document
retention by storing audit and review work papers for an indefinite
amount of time. The backup client captures multiple historical versions
of those documents enabling auditors to access to multiple versions of
the same document as it changed over time. |
Section 802:
Document Alteration or Destruction
|
Section 802 amends Chapter 73 of title 18, United States Code, by
adding certain criminal penalties for altering documents including
making it a felony for anyone to willfully violate certain provisions
regarding audit and review work papers retention and certain SEC
document retention rules and regulations. Specifically, auditors of
issuers are required to maintain “all audit or review work papers” for
five years from the end of the fiscal period in which the audit was
concluded.. In addition, this Section 802 instructs the SEC to
promulgate document retention rules. Violations of these new provisions
will result in the imposition of mandatory fine and may result in
imprisonment (not to exceed 10 years), or both. |
The backup service protects your business by storing historical
versions of documents that could potentially be the target of malicious
destruction. Any file maliciously destroyed on a local PC or server
could be restored in minutes from our secure servers. |
Section 1102:
Tampering With a Record or Otherwise Impeding an Official Proceeding
|
This Section 1102 amends Section 1512 of title 18, United States
Code to include felony charges for whoever corruptly “alters, destroys,
mutilates, or conceals” any document with the “intent to impair the
object’s integrity or availability for use in an official proceeding” or
“otherwise obstructs, influences or impedes any official proceeding.”
This Section 1102 is comparable to Section 803 and provides analogous
penalties--a mandatory fine and/or a permissible imposition of
imprisonment (not to exceed 20 years). |
Online backup effectively mitigates your risk of prosecution by
protecting data integrity and availability for official proceedings. |
