Wednesday, March 27, 2019

By Virginia Thomas


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.

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.

One can argue that ESI is not really all that different from other kinds of information, especially physical ones, which are considerably more hardcore, tenable, and, say, believable. However, there are unique characteristics with ESI that truly set it apart. Since it is overly technical in nature, skilful machinating is all it takes to manipulate and alter data, which is, needless to say, the last thing investigators would wish for.

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 are responsible for authenticated the extracted info. They audit certain particularities, such that when they were created or modified. All the blatantly irrelevant data are erased, and the important ones are merged into an accessible format, usually a PDF. After the authorized personnel are done with all official procedures, they are put in a legal hold, making them inaccessible to unauthorized personnel so that they are not altered, erased, destroyed, whatever.

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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