Technology, especially the digital kind, is omnipresent nowadays. It squeezes itself on all the nooks and spaces in our lives. Should we really be surprised, then, if the same thing applies in legal proceedings like lawsuit and litigation. This trend will only increase in the upcoming years. See about this Ediscovery Recruiting.
Electronic discover is all about the finding, locating, searching, or securing of data, meaning to make it as some sort of evidence in legal cases, civil or criminal. It could be done offline as well as online, in a device or in a network. Even hacking, so long as its court sanctioned, can be used as nifty means to fish for critical evidence. Also, its a form of eDiscovery as well.
The protean nature of data makes it really amenable both to criminal activities and the resultant criminal investigation. For the latter, the boons are that they may be searched with ease. That is due to all the tools available that make searching nearly automatic, or at least convenient.
When talking about electronic discovery, we are essentially discoursing about the retrieval of ESI, or electronically sourced information, for use, usually in a legal case. ESI is a broad term in itself. It refers to info that is generated, stored, sent, received, the whole shebang. It encompasses a whole range of kinds and types of data, whether social media, computer programs, websites, documents, images, emails, and audio and video files. Of course, you can go on and on with this enumeration.
So, one thing that actually sets ESI apart is its intangible volume, form, and other characteristics. That makes it quite unpredictable as well, such that if it will be transient or else persistent. It is tricky as well. For instance, you might think that its actually lost forever after having been deleted, but, SURPRISE, there is a nifty thing called metadata that remains unchanged, and that remains as a strong evidence, pinpointing in the first place that there has been an alteration with the date.
There are many kinds of data, a whole smorgasbord of them. And the thing is, all of them, and by that, we mean totally everything can serve and count as evidence. From databases, computer programs, websites, emails, audio files, images, text, spreadsheets, animation, calendar files, there is totally no limit in this regard. Why, even malware can be effectively investigated.
First off, you have the identification of responsive documents, even if only potentially so, for the purpose of analysis. These potentially relevant ESI are taken under the wing of custodians, who do data mapping to completely identify the sources of data. And then you have the preservation. All the pooled data are placed on a legal hold, which prevents them from being modified, altered, and destroyed. Fines may be pitched from the custodians if they have been found negligent with the failure of preservation.
The technologies and processes in this application are quite convoluted because data naturally comes by the millions. This sheer volume makes it hard to be tracked, stored, and produced. By nature, they are extremely dynamic, and the preservation of metadata and some trace of the original content can be really challenging. However, when handled properly, then it can make all the difference.
To sum up, first off is the identification of data, and then placing them on legal hold so that they cannot be modified, erased, and destroyed. After relevant ESI is fished out, the scope, relevance, parameters, et cetera, are determined. Depending on the findings, they may be searched or reviewed anew, or else they could be produced. Evidence is analyzed using official forensic procedures. Specializations are rife here, and technicalities abound. When done wrong, the consequences can also be pretty much debilitating. All the more reason why its practitioners are accordingly trained and certified.
Electronic discover is all about the finding, locating, searching, or securing of data, meaning to make it as some sort of evidence in legal cases, civil or criminal. It could be done offline as well as online, in a device or in a network. Even hacking, so long as its court sanctioned, can be used as nifty means to fish for critical evidence. Also, its a form of eDiscovery as well.
The protean nature of data makes it really amenable both to criminal activities and the resultant criminal investigation. For the latter, the boons are that they may be searched with ease. That is due to all the tools available that make searching nearly automatic, or at least convenient.
When talking about electronic discovery, we are essentially discoursing about the retrieval of ESI, or electronically sourced information, for use, usually in a legal case. ESI is a broad term in itself. It refers to info that is generated, stored, sent, received, the whole shebang. It encompasses a whole range of kinds and types of data, whether social media, computer programs, websites, documents, images, emails, and audio and video files. Of course, you can go on and on with this enumeration.
So, one thing that actually sets ESI apart is its intangible volume, form, and other characteristics. That makes it quite unpredictable as well, such that if it will be transient or else persistent. It is tricky as well. For instance, you might think that its actually lost forever after having been deleted, but, SURPRISE, there is a nifty thing called metadata that remains unchanged, and that remains as a strong evidence, pinpointing in the first place that there has been an alteration with the date.
There are many kinds of data, a whole smorgasbord of them. And the thing is, all of them, and by that, we mean totally everything can serve and count as evidence. From databases, computer programs, websites, emails, audio files, images, text, spreadsheets, animation, calendar files, there is totally no limit in this regard. Why, even malware can be effectively investigated.
First off, you have the identification of responsive documents, even if only potentially so, for the purpose of analysis. These potentially relevant ESI are taken under the wing of custodians, who do data mapping to completely identify the sources of data. And then you have the preservation. All the pooled data are placed on a legal hold, which prevents them from being modified, altered, and destroyed. Fines may be pitched from the custodians if they have been found negligent with the failure of preservation.
The technologies and processes in this application are quite convoluted because data naturally comes by the millions. This sheer volume makes it hard to be tracked, stored, and produced. By nature, they are extremely dynamic, and the preservation of metadata and some trace of the original content can be really challenging. However, when handled properly, then it can make all the difference.
To sum up, first off is the identification of data, and then placing them on legal hold so that they cannot be modified, erased, and destroyed. After relevant ESI is fished out, the scope, relevance, parameters, et cetera, are determined. Depending on the findings, they may be searched or reviewed anew, or else they could be produced. Evidence is analyzed using official forensic procedures. Specializations are rife here, and technicalities abound. When done wrong, the consequences can also be pretty much debilitating. All the more reason why its practitioners are accordingly trained and certified.
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