MIS Magazine / September / October 2007 - Today s ี explosion of electronic data, together with the amendments in December 2006 the Federal Rules of Civil Procedure (FRCP) on the information stored electronically (ESI), and requires professional information and expand their knowledge of legal in the management of electronic records. Recent amendments to FRCP include:
* Definitions and safe haven for routine changes of electronic files during routine operations such as backups [amendment of Article 37 (f)]
* Information on how to deal with data that can not be reasonably accessible [amended Article 26 (b) (2) (b)]
* How to deal with confidential documents inadvertently produced [amendment to article 26 (b) (5)]
* ESI preservation responsibilities and the pre-trial conferences. [Amended Article 26 (f)]
* Required for the production of electronic files [amended rules 33 (d), 34.26 (f) (3), 34 (b) (c)]
There are many views on how they should be planned for the ESI Oadartha, organization, storage and retrieval. Some options are very expensive in terms of financial obligations and the time required. Ever-changing technologies only add to the confusion. One area of confusion is the distinction between computer forensics and electronic discovery, and there is a big difference. As described in the forensic computer Sidebar for Electronic Discovery.
Make the right choices
Respond successfully to electronic discovery within the constraints of the amended FRCP requires organizations to take many critical decisions that will affect the collection and processing of ESI.
Treatment options
Due to the volume of information available, and even in smaller groups, and it becomes necessary to manage the process to control the time and budget. We must ask the following questions:
1. Who are the key people?
Must be identified persons of interest in the case. These key people include not only managers but also assistants and other support staff in IT sales, accounting, marketing, operations and human resources departments.
2. Where are the files?
We must identify all potential sites of electronic evidence. This includes home computers and all computers will use the key person in another place (such as a girlfriend or a friend ี home), mobile phones and PDAs, Blackberry, and other digital devices that can be used. It is important to note that it can also MP3 players such as iPods, can be used to store documents or files.
3. How can I collect slaughtered?
May be ways to reduce the number of files that have been collected and includes a range where the date or those that contain specific words or just specific conditions. This can be done this before or after the collection is the entire hard disk of Forensic Medicine. It can filter files, also known as limit the collection by removing standard application files common to all computers (such as a logo file Microsoft Windows จ).
4. How files should be treated password-protected/encrypted?
Encrypted files can not be processed until you break the encryption. In some cases, you can get the exact names of files or the like without the use of passwords or encryption. You may site may also provide information on the decryptions provide a value. And decryption can be a waste of time. In some cases, can receive a password simply by asking for it, what should be the first step. If it fails, you can use call to be successful.
5. How should be repeated and are dealt with semi-duplicate records?
Groups of electronic files almost always include duplicates. Perhaps many people have the same e-mail with the same extensions. May be considered two or more persons to key documents, save them on your hard drive during the process. In the treatment of electronic collections, it is possible to accurately identify duplicate files, and reduce the number of documents that need to be reviewed.
Determine the exact frequencies and usually occurs during the phase in which they are identified on the metadata extracted from the files. De dupe, the collection does not delay treatment.
Deduplication is a standard to determine which files are identical copies and completely eliminate them. If something has changed in the document, including coordination like a change in policy, it is no longer exact duplicate and not de-dupe.
It is imperative that both sides of the case to reach an agreement on what constitutes า deduplication. ำ many electronic discovery of deleted files so they are literally left the group. The legal tools used in the implementation of the law, however, generally does not remove the duplicate, but simply to identify them for future use.
Discuss this definition during pre-trial conference to make sure that all aspects of the case, and use the same definition must be ensured that there was no difference in the number of files that each party in a later time.
Will be a larger part of any group า near duplicate. ำ This includes files that have been modified significantly or contain only a portion of the main document. For some projects, and the size of one file duplicates requires a document, can be identified and analyzed as a group. This significantly reduces the time and costs of screening compared with traditional linear review.
Identify duplicates, compared to close to each document to any other document or using the advanced software applications that need more processing time. This technology increases the cohesion of the review categories, reducing the risk of near duplicate documents that considered all of the privileges and the disadvantaged.
6. How should the collection?
The new rules provide that the parties will meet and determine the form in which they wish to obtain electronic evidence. In the absence of agreement, and which form the า usually in the form of reservation or ำ า ำ usable reasonably.
Selection of a particular legal team if both sides prefer to have electronic evidence in native file format, and convert them into TIF or PDF, or in another form. In many cases, this will depend on the team ี review benchmark system of litigation.
These systems manage both local files and convert them, with or without associated metadata and the full text. There are advantages and disadvantages to both options. Extract the original files with metadata reflect the exact file the original, but can not be named Bates, who is a technique for marking documents with the identification code is unique as it is to deal with them, and are subject to change by unintentionally.
Convert the original files to TIF or PDF is an important and time-consuming, which is the most expensive electronic discovery. Since the announcement can not be 60 to 80 percent of the files in the collection is acceptable or not relevant, both the time and money spent in turning negatives to be productive.
The best compromise includes receiving files in native format, review of their importance, and choose only those that can be produced or used on a large scale to convert the image format.
Manage large amounts of electronic files for litigation preparedness requires planning for the production, organization and retrieval of information, and documents relevant and useful and cost management of budgets and time both. Because each case presents exceptional circumstances, there is no correct answers to the questions above absolute. But the team that understands the consequences of their choice, and is ready to make informed decisions that will lead to the best possible outcomes to this issue and the organization.
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