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Electronic Data Discovery

Authenticating Digital Photographs as Evidence

11 January 2008. Revised 16 January 2008. 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

11 January 2008. 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." The article ends with a link to an FBI photo that has since been removed. However, the link to the source that discovered the metadata is worth investigating.

Complex Discovery

1 May 2008. 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.

Current Listing of States That Have Enacted E-Discovery Rules

24 January 2008. K & L Gates provides a listing of state statutes and court rules that address the discovery of electronically stored information. The list links to the relevant legal documents. See also: The firm's Electronic Discovery Law blog also offers a list of states considering the adoption of special court rules to address the discovery of electronically stored information. The list also links to the relevant documents.

EDD Update

1 October 2007. Law.com sponsors this blog on electronic data discovery (EDD). It provides brief commentary on legal news and events.

Electronic Discovery Case Database

5 April 2005. Revised 21 February 2008. The law firm Preston Gates & Ellis LLP provides access to its database of more than 900 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.

Electronic Discovery Law

1 October 2007. The law firm, Kirkpatrick & Lockhart Preston Gates Ellis LLP, 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

15 September 2004. 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.

List of States Actively Considering the Adoption of Special E-Discovery Court Rules

24 January 2008. K & L Gates provides a listing of states that are considering the adoption of special court rules addressing the discovery of electronically stored information. The list links to the proposed rules. See also: The firm's Electronic Discovery Law blog also offers a list of states with statutes or court rules on the discovery of electronically stored information. The list also links to the relevant documents.

Local Rules, Forms and Guidelines of United States District Courts Addressing E-Discovery Issues

25 January 2008. Revised 12 February 2008. K & L Gates provides a listing of federal district court rules, forms and guidelines pertaining to the discovery of electronically stored information. The listing notes: "In some districts where there are no local rules or court-mandated forms, individual judges have created their own forms or set out their own preferred protocols for e-discovery." Judge-mandated protocols are included.

Managing Discovery of Electronic Information: A Pocket Guide for Judges

31 January 2008. 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

11 January 2008. Revised 16 January 2008. 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.

Sound Evidence

1 May 2008. 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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Created: 24 January 2008
Revised:
1 May 2008
URL:
http://www.virtualchase.com/topics/electronic_data_discovery.shtml

Suggestions: Genie Tyburski, tvceditor [at] virtualchase [dot] com