Under the prior version of Federal Rule of Civil Procedure 37(e), sanctions could not be entered if ESI was lost as a result of the routine, good-faith operation of an electronic information system. The new version allows a court to impose sanctions if ESI "that should have been preserved in the anticipation or conduct of litigation is lost because a party failed to take reasonable steps to preserve it." The rule was intended to address the burden and expense of over-preservation of data by prospective litigants worried about sanctions. Under the new FRCP 37(e), if the information that was lost cannot be restored or replaced through "additional discovery," the court may order measures capable of curing any prejudice found to exist. However, the most severe sanctions cannot be entered absent a finding that a party intended to deprive an opponent of ESI.