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| Computer Forensic Services - TR LOGIC, Inc. |
Electronic Discovery - The Need
A growing trend in investigation and litigation support is "electronic discovery." Electronic
discovery is essential because the information needed to build a case increasingly resides
on computer systems. In fact, far more information is retained on a computer than most
people realize. It is also more difficult to completely remove information that is generally
thought to have been deleted. For these reasons (among many), computer forensics can
often find evidence of, or completely recover, lost or deleted information, even if it was
intentionally deleted. To effectively obtain this information, you cannot simply turn the
computer "ON" and start searching. Investigators need to consider issues such as
spoliation, preservation of evidence and admissibility as they discover the facts.
discovery is essential because the information needed to build a case increasingly resides
on computer systems. In fact, far more information is retained on a computer than most
people realize. It is also more difficult to completely remove information that is generally
thought to have been deleted. For these reasons (among many), computer forensics can
often find evidence of, or completely recover, lost or deleted information, even if it was
intentionally deleted. To effectively obtain this information, you cannot simply turn the
computer "ON" and start searching. Investigators need to consider issues such as
spoliation, preservation of evidence and admissibility as they discover the facts.
What is Electronic Discovery?
Electronic discovery, or "e-discovery", refers to discovery in civil litigation which deals with information in electronic form. In
this context, electronic form is the representation of information as binary numbers. Electronic information is different from
paper information because of its intangible form, volume, transience, and persistence. Also, electronic information is usually
accompanied by metadata, which is rarely present in paper information. Electronic discovery poses new challenges and
opportunities for attorneys, their clients, technical advisors, and the courts, as electronic information is collected, reviewed
and produced. Electronic discovery is the subject of amendments to the Federal Rules of Civil Procedure which are effective
December 1, 2006.[1] shows the changes, the complete Rules, where in particular rules 16 and 26 are of interest to electronic
discovery, are at [2]
Examples of the types of data included in e-discovery include e-mail, instant messaging chats, Microsoft Office files, accounting
databases, CAD/CAM files, Web sites, and any other electronically-stored information which could be relevant evidence in a
law suit. Also included in e-discovery is "raw data" which Forensic Investigators can review for hidden evidence. The original
file format is known as the "native" format. Litigators may review material from e-discovery in one of several formats: printed
paper, "native file," or as TIFF images. If the native file, for example a Microsoft Word document, contains 10 pages, then an
electronic discovery vendor will convert it into 10 TIFF images for use in a discovery review database. Documents that are
produced are numbered using Bates numbering.
Individuals working in the field of electronic discovery commonly refer to the field as Litigation Support.
this context, electronic form is the representation of information as binary numbers. Electronic information is different from
paper information because of its intangible form, volume, transience, and persistence. Also, electronic information is usually
accompanied by metadata, which is rarely present in paper information. Electronic discovery poses new challenges and
opportunities for attorneys, their clients, technical advisors, and the courts, as electronic information is collected, reviewed
and produced. Electronic discovery is the subject of amendments to the Federal Rules of Civil Procedure which are effective
December 1, 2006.[1] shows the changes, the complete Rules, where in particular rules 16 and 26 are of interest to electronic
discovery, are at [2]
Examples of the types of data included in e-discovery include e-mail, instant messaging chats, Microsoft Office files, accounting
databases, CAD/CAM files, Web sites, and any other electronically-stored information which could be relevant evidence in a
law suit. Also included in e-discovery is "raw data" which Forensic Investigators can review for hidden evidence. The original
file format is known as the "native" format. Litigators may review material from e-discovery in one of several formats: printed
paper, "native file," or as TIFF images. If the native file, for example a Microsoft Word document, contains 10 pages, then an
electronic discovery vendor will convert it into 10 TIFF images for use in a discovery review database. Documents that are
produced are numbered using Bates numbering.
Individuals working in the field of electronic discovery commonly refer to the field as Litigation Support.
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