Electronic Discovery
Authenticating Digital Photographs as Evidence
This Law Practice Today article summarizes how to authenticate digital photos and enter them as evidence. It discusses the role of metadata, and it outlines authentication procedures.
Beware of Hidden Digital Camera Metadata
This short blog comment highlights the type of information you might find hidden in the metadata of digital photos. It also points out: "[D]igital cameras will often embed a small thumbnail image of the photo as originally taken. In many cases, if you subsequently edit the photo, the original thumbnail remains. If the image is edited to cut out someone who didn't want to be photographed or if you blur the face of someone to protect their privacy, that information may still be available to anyone who gets the image."
Executive marketing professional, Rob Robinson, maintains this relatively new blog (launched during March 2008) on information, tools and tactics relevant to the growing electronic discovery market. It offers an RSS feed for updates. Don't miss the information at the bottom of the home page. These include links to updates on Twitter, a Yahoo Pipes mashup on EDD, Robinson's library of EDD documents at Scribd, and more.
Law.com sponsors this blog on electronic data discovery (EDD). It provides brief commentary on legal news and events.
Electronic Discovery Articles from Craig Ball
Craig Ball has published dozens of articles about law and technology, often focusing on electronic discovery strategies and computer forensics.
Electronic Discovery Case Database
The law firm K&L Gates provides access to its database of over 1,500 electronic discovery cases collected from state and federal jurisdictions around the United States. Search by rule, context, issue or keyword to find descriptions of matching cases. The descriptions include a case citation, the nature of the case, description of electronic data involved, and a description of the electronic discovery issue. When available, it also includes a summary of the case.
The law firm K&L Gates, sponsors this blog on news and developments pertaining to electronic data discovery (EDD). Lawyers comment on newsworthy events as well as important case law. A case law database lets you search for state or federal cases by keyword. (The search box appears on the left in the middle of the page.) Additional features include amendments to federal rules, annotated resources and an RSS feed.
Forensic Examination of Digital Evidence
Computer forensics experts the National Institute of Standards and Technology have published the second edition to a guide that provides step-by-step instructions on finding digital evidence. Subtitled "A Guide for Law Enforcement," the publication is available as a plain text or PDF download at the Web site of the National Institute of Justice. Chapters cover topics such as assessing, acquiring and examining evidence and documenting and reporting evidence. The publication also contains sample worksheets and sample requests for service forms.
Managing Discovery of Electronic Information: A Pocket Guide for Judges
The Federal Judiciary Center offers this PDF publication (approximately 30 pages), which encourages judges to actively manage the discovery of electronically stored information (ESI). "The guide covers issues unique to the discovery of ESI, including its scope, the allocation of costs, the form of production, the waiver of privilege and work-product protection, and the preservation of data and spoliation." It also includes an excellent glossary of relevant terms.
Metadata in Photos: There's a Lot of Hidden Information in Digital Photos
Out-of-the-Box Lawyering highlights the fact that important data may lie hidden in digital photos, or any digital art. It links to some useful tools for finding the data.
Subtitled E-discovery Simplified, this blog provides summaries of news and legal developments pertaining to electronic data discovery. It's written by Mary Mack, who is Chief Technology Counsel for Fios, Inc. Mack is also co-author of A Process of Illumination: The Practical Guide to Electronic Discovery. The blog offers an RSS feed for updates.
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