Posts Tagged ‘computer forensics’
At the heart of any legal undertaking is the mass of data that legal professionals need to perform their jobs. The demanding job of acquiring and organizing the documents that comprise this data is known as litigation support. It’s a demanding task that requires a high level or organizational ability and a painstaking attention to detail. And with these documents increasingly in electronic form, litigation support professionals need even more skills and knowledge.
The legal system runs on information. Any law suit or court case involves a veritable sea of documentation ranging from witness statements to affidavits to any documents that can be applied as evidence. And the legal system demands impeccable documentation with accuracy, security, integrity, speed and efficiency. The management of this rigorous process is known as litigation support.
Litigation support can be defined as any operation involving human and mechanical systems to process information for use by attorneys or expert consultants in preparation for a lawsuit or a trial. And in these high-tech times it’s an especially demanding task.
Nowadays, a major part of such documentation is likely to be in electronic form and stored on a computer system. The retrieval and authentication of such digital documents is a field in itself and one of vital importance in a successful legal undertaking.
What’s more, paper documents also have to be scanned and stored in digital format. This allows easy access to concerned parties. It’s a process that demands impeccable organisation and supervision. Documents have to be tagged and indexed and stored in document management centers in a way that they’re instantly retrievable.
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The Information Management Journal/September / October 2007- Today?s explosion of electronic data, coupled with the December 2006 amendments to the Federal Rules of Civil Procedure (FRCP) concerning electronically stored information (ESI), requires information and legal professionals to expand their knowledge about handling electronic discovery. The recent changes to the FRCP include:
* Definitions and safe harbor provisions for the routine alterations of electronic files during routine operations such as back ups [Amended Rule 37(f)]
* Information about how to deal with data that is not reasonably accessible [Amended Rule 26(b)(2)(B)]
* How to deal with inadvertently produced privileged material [Amended Rule 26(b)(5)]
* ESI preservation responsibilities and the pre-trial conference. [Amended Rule 26(f)]
* Electronic file production requests [Amended Rules 33(d), 34, 26(f)(3), 34(b)(iii)]
There are many opinions about how ESI should be planned for, managed, organized, stored, and retrieved. Some of the available options are extremely costly in terms of their required financial and time commitments. Constantly changing technologies only add to the confusion. One area of confusion is the distinction between computer forensics and electronic discovery; there is a significant difference. These are described in the sidebar Computer Forensics vs. Electronic Discovery.
The Information Management Journal/September / October 2007- Today’s explosion of electronic data, coupled with the December 2006 amendments to the Federal Rules of Civil Procedure (FRCP) concerning electronically stored information (ESI), requires information and legal professionals to expand their knowledge about handling electronic discovery. The recent changes to the FRCP include:
* Definitions and safe harbor provisions for the routine alterations of electronic files during routine operations such as back ups [Amended Rule 37(f)]
* Information about how to deal with data that is not reasonably accessible [Amended Rule 26(b)(2)(B)]
* How to deal with inadvertently produced privileged material [Amended Rule 26(b)(5)]
* ESI preservation responsibilities and the pre-trial conference. [Amended Rule 26(f)]
* Electronic file production requests [Amended Rules 33(d), 34, 26(f)(3), 34(b)(iii)]
There are many opinions about how ESI should be planned for, managed, organized, stored, and retrieved. Some of the available options are extremely costly in terms of their required financial and time commitments. Constantly changing technologies only add to the confusion. One area of confusion is the distinction between computer forensics and electronic discovery; there is a significant difference. These are described in the sidebar Computer Forensics vs. Electronic Discovery.
Making the Right Choices
Successfully responding to e-discovery within the constraints of the amended FRCP requires organizations to make many critical decisions that will affect the collection and processing of ESI.
Collection Decisions
The following questions need immediate answers:
1. Are e-mail files part of this project? If so, do any key people maintain an Internet e-mail account, in addition to their corporate accounts?
The sheer volume of transactions for large e-mail providers prohibits the storage of massive amounts of mail files. Many Internet e-mail account providers, such as AOL, BellSouth, and Comcast, retain their e-mail logs no longer than 30 days. If a case could potentially require the exploration of e-mail from Internet accounts, the discovery team must expeditiously request the records, or they may be gone forever. This usually requires a subpoena. In rare cases, fragments of Internet e-mail may be recovered forensically from an individual’s hard drive.
2. Is there any chance illegal activity may be discovered?
Many cases involving electronic data uncover wrongdoings. These situations may involve a member of the technology department or a highly technical employee. In these cases, an organization’s first inclination may be to terminate the employee(s) involved and determine the extent of any damage prior to notifying law enforcement agencies.
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