However, if the ISP, for instance, is sued, then it (immediately and without a separate court order) becomes illegal for them to knowingly destroy evidence in their custody relevant to the issue for which they are being sued, and if there is a dispute about their handling of particular such evidence, a court can and will order them specifically to preserve relevant evidence as necessary. And, with or without a court order, their destruction of relevant evidence once they know of the suit can be the basis of both punitive sanctions and adverse findings in the case to which the evidence would have been relevant.
However, if the ISP, for instance, is sued, then it (immediately and without a separate court order) becomes illegal for them to knowingly destroy evidence in their custody relevant to the issue for which they are being sued, and if there is a dispute about their handling of particular such evidence, a court can and will order them specifically to preserve relevant evidence as necessary. And, with or without a court order, their destruction of relevant evidence once they know of the suit can be the basis of both punitive sanctions and adverse findings in the case to which the evidence would have been relevant.