Why are electronic
documents so significant? |
In 1998, an article released in the
New York Law Journal estimated that
30% of all corporate data existed only
in electronic formats. Due to the recognition
of email by society since this time,
this percentage is estimated to exceed
by 50%. In order to perform a comprehensive
electronic discovery, this information
needs to be reviewed. Otherwise, the
potential exists that over 50% of all
potential evidence may be left unexamined.
|
What is the difference between electronic
and paper documents? |
The major difference
between electronic and paper documents
is found in the chronology of the document
itself. In a paper document there is a
certain amount of information that you
cannot determine, such as who the author
is, when it was created, were any drafts
created prior to the finalized copy, etc.
When you are in possession of an electronic
document it is possible to determine these
details. |
Why can’t the company's IT department
carry out the discovery motion? |
There are numerous
reasons why trying to perform electronic
discovery in-house is challenging:
•
Modern electronic discovery methods require
specific, extensive, and continual Knowledge
and training.
•
To properly pull out data from a broad
range of sources requires specialized
equipment and technology.
•
There is a probable lack of objectivity
and the capability to testify as a disinterested
3rd party.
•
Most IT managers are not knowledgeable
in or responsible for all of the potential
data sources.
•
Members of IT departments normally don’t
comprehend the legal principles and ramifications
associated with assembling and analyzing
electronic records. |
What is the general procedure when a qualified
computer forensics professional completes
the electronic discovery process? |
The computer forensics
professional’s duty is to capture
and preserve all potentially relevant
information, systematically extract unwanted
information & identify the relevant
data, finally producing the data in a
format that the parties can use throughout
the discovery phase. |
How is relevant data found? |
Relevant data is found
using a number of different methods. Using
hardware and software, a systematic process
is recognized to find particular pieces
of data by searching for documents created
or modified on certain dates, keywords
within documents, by author or even document
types. |