Re: The horse has bolted
Except that's the way it has and will be for some time. Businesses already have several unmonitored ways to communicate. For example, an employee can just pick up the phone and call another one. Unless this business has a legal requirement to record all phone lines, it's likely they will have a record that a call took place but can't provide a tape of it on request. The same is true for most voice or video systems the company provides (yes, they all have a recording capability, but most meetings aren't recorded unless that's expected). If businesses have to find a way to prevent people from sending text messages through some system, why don't they have to record all calls, or for that matter find some way of preventing a covert conversation taking place in person?
In those businesses that don't have a legal requirement to record everything, this is not news (some evidence may not exist by the time law enforcement knows they want it) and even when such a requirement exists, it's still not (some people when doing illegal things will use a communication method that's not recorded). Any business that has a legal requirement and wants to adhere to it will have restrictions to enforce what they can, and there is no rule mandating anyone else to care.