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Tech Tips Understanding the Difference Between Computer Forensics and Data Gathering As the field of electronic discovery has evolved over the past several years, there has been increasing confusion about the difference between computer forensics—a specialized application of scientific principles and practices—and data gathering, the process for collecting documents and other electronic evidence from computers. Without understanding the differences between these services, many attorneys have paid to retain "forensics experts" in cases involving electronic discovery, when all they really needed was some good advice or hands-on assistance with collecting electronic files from their clients' computers. Think of computer forensics as taking an "autopsy" of a computer hard drive. The science of computer forensics can be of great value in certain circumstances. For example, allegations of attempts to delete incriminating documents from a computer may be confirmed or refuted with the assistance of a forensic expert. Similarly, information from computer equipment damaged in a fire or flood may be recoverable with the assistance of a forensic data recovery expert. A forensic investigation can take heroic efforts and many hours of an expensive consultant's time to find the electronic needle in the haystack. Fortunately, most cases involving electronic discovery do not warrant such a burdensome expenditure.
Many attorneys facing an electronic discovery request need only basic assistance with data gathering. While it is critical to employ forensically sound data collection practices, in many cases, this may be as simple as providing procedures for how to intelligently and safely copy data from a computer hard drive to a CD-ROM, tape, or other transportable media. These forensically sound practices will ensure that meta data is not altered when data is copied from its original location. They will also help attorneys understand how best to save and store the copied information for use with electronic discovery review tools. In other cases, attorneys may need on-site assistance to collect data from multiple physical locations or to assist with chain of custody tracking. In these circumstances, chain of custody tracking would include detailed documentation of the data collection procedures, who had custody of the electronic data, who collected it from its original location, and where the data was located when collected. Further tracking measures should include application of bar codes to individual pieces of media and storage in a secured evidence room. Electronic discovery often presents unique circumstances that depend on how well the client's documents are sorted and organized in the ordinary course of business. Your electronic discovery service provider should be able to advise you on how best to approach the particular circumstances of a given case. Further Reading: The following materials are available for further reading. Please contact us at edstandard@applieddiscovery.com to request a copy.
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