Ten Critical Decisions For A Successful Electronic Discovery

Handling electronic discovery. Recent changes to the FRCP include:

* Safe Harbor definitions and provisions for routine alterations of electronic files during routine operations such as backups [Rule 37 (f) amended]

* Information on how to process data that is not reasonably accessible [Article 26 (b) (2) (B) amended]

* How to deal with inadvertently produced internal material [Rule 26 (b) (5) amended]

* ESI and pre-trial conference retention responsibilities. [Article 26 f) amended]

* Requests for the production of electronic files [Amended rules 33 (d), 34, 26 (f) (3), 34 (b) (iii)]

There are many opinions on how ESIs should be planned, managed, organized, archived and retrieved. Some of the available options are extremely expensive in terms of financial commitments and time required. Ever-changing technologies only add to the confusion. One area of confusion is the distinction between computer forensics and electronic discovery; There is a significant difference. These are described in Computer Forensics vs. Electronic discovery.

Make the right decisions

Successfully responding to eDiscovery within the boundaries of the modified FRCP requires organizations to make many critical decisions that will affect the collection and processing of ESIs.

Collection decisions

The following questions need immediate answers:

1. Are email archives part of this project? If so, do some key people keep an Internet Mail account in addition to their corporate accounts?

The high volume of transactions of large e-mail providers prevents the archiving of large amounts of mail files. Many Internet email account providers, such as AOL, BellSouth, and Comcast, keep email records for no more than 30 days. If a case could potentially require email scanning of Internet accounts, the detection team should promptly request the records, otherwise they could disappear forever. This generally requires a subpoena. In rare cases, Internet mail fragments can be forensically recovered from an individual's hard drive.

2. Is there a possibility that illegal activities will be discovered?

Many cases involving electronic data reveal irregularities. These situations may involve a member of the technology department or a highly technical employee. In these cases, an organization's first inclination might be to fire the employees involved and determine the extent of any damage before notifying law enforcement.

This could be exactly the WRONG thing. If the violation is committed by a technician, he or she may be the only person who knows how to access the files, find the problem, or fix it. It is usually the person who knows the passwords for mission-critical applications. The technical employee often has the ability to work and access corporate files remotely. Unless that access is removed prior to the employee being fired, it is possible that a dismissed or dissatisfied employee could access the network and cause serious harm.

A better solution is to limit the full access privileges of employees, both local and remote. The employee is then informed that management is aware of the situation and is given the opportunity to work together to minimize the damage. If the situation involves criminal matters, especially if financial or medical data has been compromised, a good decision is to involve law enforcement as soon as possible. Cybercriminals often go missing and destroy all evidence of their activities.

3. Could hidden or deleted files play a role in this case?

There are three ways to collect electronic files for tracking:

* Forensics ะ as described in the sidebar

* Semi-forensics using non-validated methods and applications to acquire files

* Non-forensic using simple cut and paste copy methods to move file copies from one location to another. These methods do not include hashed files to ensure that the files have not been changed, which involves using a hashing algorithm to create a mathematical fingerprint of one or more files that will change if changes are made to the collection. For some issues, the content of electronic documents is the only thing that matters. The context of the files - who created them, how they are saved, how they are accessed, if they have been changed or deleted - is not that important.

For other cases, contextual information, including searching for deleted files, is critical and requires forensic collection. This includes

* Provide legal authority to search for data.

* Document the chain of custody

* Creating a forensic copy using validated forensic tools that create hash records

* Using repeatable processes to review and analyze data.

* Create a scientific report of any discovery.

Determining the value of electronic forensic file collection must be done before the data is captured. Once semi-forensic or non-forensic methods have been used, it is impossible to return the records to their original state. 4. Are the backup tapes part of an active collection?

Some cases involve historical issues, so it is important to address the computer backup management method immediately.

Most companies use a rotation schedule for their backup media. For example, with a four-week rotation, backups are performed daily for a week, and then those tapes (or drives) are taken offsite for archiving. A new set of media is used for the second, third, and fourth weeks, so those three tapes are archived offsite. In the fifth week, the tapes / drives from the first week are reused. This process is done for financial reasons, as it is extremely profitable.

Backup tapes can become part of the real-time information that needs to be held in litigation hold. This requires the termination of any rotation program, and the 2006 amendments to the FRCP make it critical for the legal team to pass this information on to the technology employees responsible for business continuity processes.

**********************************************************************************

Be Part Of Affiliate Publishers Sign Up Here: https://invol.co/cl7r4rm

********************************************************

Free Backpack Welcome Gift To The Vip Survival Academy

Give Away The Evatac Assault Bag As A Free Welcome Gift Into Our Survival Membership. Get 50% On The Front End And 50% On Every Upsell Step! (no Payout On Subscriptions ) Details HERE!

**********************************************************

For More Articles To Read, Visit The Links Below

https://www.facebook.com/Articles-In-Market-Estongph-102988945530154

Other Products On-sale Online See These Links

https://myhubofmarket.blogspot.com/

https://www.facebook.com/estongafiliate

***********************************************************************************

For Ready-To-Be-Sold Digital Products Subscribe & Sign Up For Free Membership To inDigitalWorks!

Trusted by 100,000 Internet Marketers, Webmasters, and Bloggers

****************************************************************************

Note: Below Are Products For Your Business In Network Marketing Choose What's Best Suits You!
Click The Photo For Product Details

Click The Site's Logo For More Items

***********************************************************************************

Code: PHAPP10

BIOSSANCE
Unstoppable Glow Skincare Set

Secure Password Generator
Easy To Use Brandable Software Creates XXL Strong And Random Passwords! Details HERE!

HOSTGATOR DEALS SHOP
25% OFF 1-3 MONTH HOSTING / ~60% OFF LONGER TERM PLANS
WORDPRESS HOSTING.
*
Discover The Secrets To Building an ELECTRIC BIKE with The Performance of a Motorcycle and SAVE THOUSANDS on Increasing Fuel, Insurance, and Parking costs. Details HERE!
*****************************
iPega PG9129 Bluetooth Gamepad Game Controller For Mobile Phone - Black

The BIGGEST and BEST Internet Marketing Complete Toolkit We've Ever Released... Details HERE!

My Hub Of Market Partner With Involve