Computer-Based Discovery and Risk Control
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1 Computer-Based Discovery and Risk Control Presented by David P. Stenhouse Computer Forensics Inc.
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4 Why Electronic Documents Are So Important Ease of review File genealogy File duplication Earlier Drafts
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7 The Electronic Discovery Process Pre- or Early Litigation Discovery Trial/Resolution Identify Acquire Restore Search Produce Verify Text Searching Capability Available
8 Interesting Data Locations
9 Network Backups Created in case of a network catastrophe Large depository of corporate information You will not find deleted files on backup tapes (Very Important)
10 What Happens to Deleted Files? Operating system just marks space as available True text of file still viewable with forensic software Text may stay on computer s hard drive for years
11 Unallocated Space Of Hard Drive
12 Known Type of Data HTML
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14 Image Items Can Also Be Recovered If Needed
15 Slack Space Much like the remainder of a videotape that has been taped over Old data May hold fragments of deleted documents Very small amounts of data
16 File Slack
17 Text Can Be Carved Just Like Unallocated Space
18 Timeline Examples Wide Range Of Dates To Search
19 Thanksgiving Break 2003 No Activity
20 Can Zero In On Specific Date/Time
21 Web-Based Hotmail and Yahoo are widely used Mostly used for personal mail Messages are read while on the internet Pages are in HTML format
22 Instant Messaging Widely used in corporate environments May or may not record conversations on hard drive of computer
23 Voice Mail! May be stored on hard drives! Text searchable! The next frontier in discoverable data
24 Removable Storage Media
25 E-Risk Management
26 Controlling Costs & E-Risk Management Data Collect Filter Review Produce Today Finite Resource
27 Controlling Costs & E-Risk Management Data Collect Filter Review Produce Tomorrow Exceeding Resources
28 Controlling Costs & E-Risk Management Data Collect Filter Review Produce E-Risk Management Policies & Practices Technology, Sampling Techniques
29 Save Me Some Money " Electronic risk management plans offset discovery costs " Average annual savings $25,000- $100,000
30 Elementary My Dear " Surveys " Interviews " Reports " Implementation
31 Surveys and Interviews " Managers and staff " Information Services " What to ask " Casting a wide net via surveys " Collating responses
32 The Risk Control Report " Present initial draft " Incorporate review team s comments " Outline recommendations
33 Implementation - Best Practices " Retention and destruction schedules " Organization " Identification " Audits " Compliance
34 Content Control " Policies of use " Monitoring use " Sampling data
35 Retention and Destruction Schedules " Backup tape rotation cycles " Assign retention periods to file types " Periodic wiping of drives
36 Data Custodians Defining role Identifying Training Supporting
37 Compliance! Policy! Education! Audits! Sanctions
38 Who Can Help " Consultants " Attorney Specialists
39 Preservation/Spoliation Respond quickly to identify and preserve electronic data Large amounts of data can disappear quickly
40 Gates Rubber Co. V. Bando Chemical Indus., Ltd., Court defined a mandatory legal duty on the part of litigants to perform proper computer forensic investigations One expert made a file-by-file copy instead of evidentiary image resulting in lost information Court criticized errant examiner for failing to make an image copy as imaging software was available
41 The Future of Electronic Discovery Increased attorney understanding Wider use of expert/consultants/ attorney specialists Advanced technology in litigation support Educated judiciary Faster response time
42 Contact Information David P. Stenhouse, Vice President Computer Forensics Inc 1749 Dexter Ave. N. Seattle, WA Phone: Fax:
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