| "e-Forensics: Critical Steps in Capturing Legally | | | | recorded on any type of electronic media has the |
| Defensible e-Datae-Forensics is the application of | | | | possibility of becoming evidence in a case that involves |
| electronic investigation to uncover information that is | | | | ""electronic discovery."" |
| not readily available or viewable to the average user. | | | | Challenges |
| These deleted or hidden files can often contain vital | | | | The volume of electronic documents is greater than |
| electronic information that is important to your case, | | | | has been encountered in paper format. Nonetheless, |
| but identifying it is like searching for the proverbial | | | | these e- documents must be reviewed and produced. |
| needle in a haystack. | | | | It is important to establish new methods of review, or |
| Objectives | | | | the volume will bog down the legal team. |
| - Document chain of evidence to ensure your | | | | Electronic documents are highly duplicative. For |
| electronic evidence is admissible | | | | example, an e-mail sent to you by a co-worker may |
| - Identify the scientific methods used in capturing | | | | reside on your company's server, the back-up tapes, |
| electronic data | | | | and on your computer. |
| - Gain knowledge of the latest technology used in | | | | E-Discovery Challenges: |
| e-Forensics | | | | - Larger Volumes of Data |
| Electronic Discovery is part of the much larger litigation | | | | - High Level of Duplicity |
| discovery phase which includes that of paper | | | | - Data is Stored in a Volatile State (Spoliation) |
| documents and information stored electronically. | | | | - Not all Data is Easily Accessible |
| According to the Sedona Principles for Electronic | | | | - Special Expertise Required to Retrieve |
| Document Production, Electronic discovery is the | | | | - Certain Types of Data |
| process just like that of paper documents, of | | | | - Hidden |
| managing for litigation those documents and data that | | | | - Unallocated/Slack Space |
| exist in a medium that can only be accessed through | | | | - Encrypted/Password Protected |
| the use of a computer. Electronic format is most often | | | | - Tape backups |
| thought of as computer files. However, electronic data | | | | Electronic data is also stored in a volatile state. Thus, |
| also includes email, word processing documents, | | | | merely opening the data will change the meta data for |
| spreadsheets, presentation files, databases, computer | | | | that document. This in turn creates a high risk for |
| design drawings (CAD), accounting files, some forms | | | | spoliation of electronically stored data. Finally, not all |
| of medical records, and other types of computer | | | | data is easily accessible to the average user |
| records. | | | | therefore, individuals must have special expertise and |
| Furthermore, electronic data encompasses information | | | | training to locate data that may be hidden, located in |
| contained on CDs, DVD and other forms of media, | | | | slack space, encrypted or located in back-up tapes. |
| including the information that is stored on cell phones, | | | | American Document Management |
| MP3 players, removable hard drives, | | | | American Document Management ( specializes in the |
| ""thumb"" drives, digital cameras | | | | electronic management, discovery and retrieval of |
| or any device that stores data. Voice mail systems | | | | business documents. Our mission is to provide clients |
| that store messages on hard drives are considered | | | | with the highest quality, most effective methods that |
| electronic data. Devices that are sometimes forgotten | | | | enable them to access, share and manage their |
| include internet cameras and navigation systems | | | | documents, whether they are in paper or electronic |
| contained in cars. Quite frankly, any information that is | | | | format. |