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>The DoJ contends that emails should be treated as the business records of the company hosting them

what? are my DropBox files "business records?" or that youtube video I uploaded? or my Google Contacts?

Perhaps I was foolish enough to define "business records" as "documents that record the actions of/facts about a business?"

It is almost certainly against the spirit of the law's definition of "business records" -- ledgers, internal emails, receipts, etc.