1/3 true.
Blackberry devices archive nothing: true
If it's not on the Exchange server, it's not on the Blackberry: false
the Blackberries only mirror whatever is on the Exchange server: false
Exchange is only one data source for Blackberry. As they are cell phones there is also SMS messages and Blackberry Messenger to contend with. SMS might be synced with Exchange, depending on settings. Blackberry Messenger would be synced with BES. Which may or may not be running on the same server as Exchange it doesn't have to, or at least it didn't.
The context here is emails, so SMS messages are out of scope. Nonetheless, I agree Blackberries will often contain text messages that are not stored on the mail servers. I also think that's an interesting question: are text messages subject to discovery in this lawsuit, or in the other investigations? I've seen no mention of them.
Re. mirroring whatever is on the server, that's based directly on the IRS statement from Manning:
"7. In the standard IRS configuration of Blackberry devices, the Blackberry device displays and stores only email (both sent and received) that is also stored in the Microsoft Outlook mailbox of the assigned user, with the possible exception of draft messages created on the Blackberry but not sent, which would appear on the Blackberry only. Therefore, standard IRS practice and policy in the collection of electronic data does not include collecting data from Blackberry devices because the email of a Blackberry user is collected through the process of collecting the contents of the user's Outlook mailbox files."
(Any typos are mine.)
The point is Biff's
Observer story (and the
National Review story, and all the similar stories popping up all over the nutter disinformation bubble) are intentionally misleading. They deliberately omit the part about Blackberries being ignored because they do not contain any email that's not also on the server.