Digital and electronic media are literally all over the place nowadays. When it comes to rarefied areas like law enforcement, they can be either boon or bane. Well, to be more specific, boon to the abider and investigators, and bane to the breaker. The practice is really chock full of technicalities, though. Take a look at this Ediscovery Recruiting.
Electronic discovery is about the handling of information in its electronic format for use in legal procedures, may it be litigation, investigations, or requests pertaining to the Freedom of Information Act. This electronic info is something that is subsumed in the so called ESI, or electronically stored information. As you can imagine, its entailments are quite many and sundry.
Well, that is not always the case. Though it certainly has it advantages over physical evidence, digital data can actually be twisted, tampered, or misapprehended, as in the case of a video that ended to early or began too late. For these reasons, they get discounted by courts day after day. However, that should not cast a pall on the wonderful opportunities of ESI. You only need skilled technicians to bring the unadulterated truth out.
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.
First off, electronically stored information, ESI, is nearly impossible, or at least difficult to completely expunge. That advantage is further increased when theyre transmitted to a network, wherein they are shared to multiple digital files and hard drives. That makes it possible to undelete them even when they have been deleted. It may be taken as true that the only foolproof way to destroy a computer files is to physically destroy the hard drive.
Technicians, in this regard, also have quite a lot of job cut out for them. After all, they must do all they can to preserve data. Spoliation must be prevented at all costs because a slight skewing of evidence can, it goes without saying, lead to a miscarriage of justice. There are many stages and processes in eDiscovery. To enumerate, you have identification, preservation, collection, processing, review, and production. All these are means to an end.
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.
eDiscovery is not your typical software or technological application. It involves the efficient use of certain techniques and systems, with the goal of data extraction and analysis. It is all about optimization and leverage, which are all it takes to make the best legal outcome for a client.
Electronic discovery is about the handling of information in its electronic format for use in legal procedures, may it be litigation, investigations, or requests pertaining to the Freedom of Information Act. This electronic info is something that is subsumed in the so called ESI, or electronically stored information. As you can imagine, its entailments are quite many and sundry.
Well, that is not always the case. Though it certainly has it advantages over physical evidence, digital data can actually be twisted, tampered, or misapprehended, as in the case of a video that ended to early or began too late. For these reasons, they get discounted by courts day after day. However, that should not cast a pall on the wonderful opportunities of ESI. You only need skilled technicians to bring the unadulterated truth out.
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.
First off, electronically stored information, ESI, is nearly impossible, or at least difficult to completely expunge. That advantage is further increased when theyre transmitted to a network, wherein they are shared to multiple digital files and hard drives. That makes it possible to undelete them even when they have been deleted. It may be taken as true that the only foolproof way to destroy a computer files is to physically destroy the hard drive.
Technicians, in this regard, also have quite a lot of job cut out for them. After all, they must do all they can to preserve data. Spoliation must be prevented at all costs because a slight skewing of evidence can, it goes without saying, lead to a miscarriage of justice. There are many stages and processes in eDiscovery. To enumerate, you have identification, preservation, collection, processing, review, and production. All these are means to an end.
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.
eDiscovery is not your typical software or technological application. It involves the efficient use of certain techniques and systems, with the goal of data extraction and analysis. It is all about optimization and leverage, which are all it takes to make the best legal outcome for a client.
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