Defining Electronic Data Terminology and Concepts, Utah CLE 1.0 (Pending)

 

Agenda

Active Data • Easiest to Retrieve • Least Costly • Emails, Standard Office Documents Like Word, Excel, and Powerpoint, Instant Messaging and Social Media Archival Data • Requires Restoration • Costs Vary on Volume Size and Backup • Often Deemed ‘Not Reasonably Accessible’ • Sampling Can Be Used to Help Quantify Costs, Time and Likelihood of Non-Duplicative Discoverable Data Forensic Data • Requires Special Tools to Restore • Most Expensive • Includes Documents and Files That Are Hidden or Have Been Erased, Fragmented or Damaged • Typically Requires an Expert to Operate Special Tools and Can Be Very Time Consuming Legacy Data • Restoration Tools May No Longer Be Available/May Require the Use of Experts • Costs Can Be Expensive • Includes Documents or Files Contained in Very Old Systems Are No Longer in Use • Many Systems Prior to Y2k (2000) Fall Into This Category E-Discovery Versus Computer Forensics • Factors to Consider When Deciding Whether to Collect Forensically: – Type of Case, Relationship Between Parties; Trust Level for Custodians, Whether Sanctions Have Been Applied • Sedona Principle 9 Question and Answers