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CS 6963 WK 10 Elec_Doc_Discovery

CS 6963 WK 10 Elec_Doc_Discovery - Electronic Document...

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Electronic Document Discovery / Litigation Forensics Prepared for The Institute of Law Clerks of Ontario September 29, 2004 Girts Jansons JLS inc. JLS inc., 347 Bay Street, Suite 1100, Toronto, Ontario, M5H 2R7 1-800-979-9139 www.jls.ca
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________________________________________________________________ Electronic Document Discovery / Litigation Forensics Girts Jansons, JLS inc. 1-800-979-9139 www.jls.ca Definitions Electronic Document Discovery is the term used to describe the collection methodology and production procedures used in gathering documents from files generated by and/or stored within computer devices for use in civil discovery. This includes active files which are represented by the current undeleted electronic files on your computer system. In this paper, we will refer to Litigation Forensics as the extraction and use of hidden information, called metadata, embedded in active files electronically . Metadata is information intrinsically created by computer programs or operating systems to identify certain useful data specific to the file such as the identity of the creator, the date the electronic document was created, the date the document was modified, to name just a few. Litigation Forensics should not be confused with Computer Forensics which is the thorough examination of computer hard drives for evidence of fraud, spoliation, or criminal wrongdoing, such as child pornography. This process examines not only the active files and metadata, but also latent data and data located in slack space on the hard drive . Latent data consists of deleted files, memory dumps, swap files, printer spool files and other data that is not visible to the end user. The recovery and examination of latent data usually requires specialized computer utilities and the expertise of highly trained certified forensic specialists. These individuals are typically former police officers who have devoted years to working within a forensics lab. Computer Forensics can be a very time consuming and expensive proposition, even with the most sophisticated computer tools and forensic experts. The Difference Between Paper and Electronic Evidence Paper discovery has been the norm for many years and, thus, the processes associated with same have been perfected. Litigators are familiar with the collection of paper documents and most clients will have sound knowledge as to the relevant sources of information and where the corresponding important paper documents are being stored. Essentially, the gathering of paper is a straightforward sweep of all the documents that may be considered relevant to the issues of the lawsuit. At this point, two options exist in contemplation for discovery: (1) leave the documents in paper format and categorize the materials in a word processing document or database; or (2) scan the paper converting each page to an electronic image that is linked to a matching record in a database. Regardless of the method selected, each document must thereafter be reviewed
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CS 6963 WK 10 Elec_Doc_Discovery - Electronic Document...

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