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