Ride the Lightning: Electronic Evidence: Litigation Support

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Litigation Support

Ride the Lightning: Electronic Evidence

An electronic evidence and computer forensics blog by noted author, lecturer and consultant Sharon Nelson.

Post Frequency: 1.7/day

Last Entry: November 04, 2020 at 10:00:00

AUSSIE MEMO: PUT SHRIMP ON BARBIE, SERVE LEGAL NOTICE ON FACEBOOK

Posted on December 17, 2008
G?day mates. Ah, those Aussies ? always up to mischief, these descendants of convicts. At first I thought it was someone having a bit of fun, having had perhaps a bit too much grog at the local billabong and concocting...

DATA RECOVERY HELPS CONVICT RAPIST

Posted on December 15, 2008
At the worst moments, technology sometimes chooses to fail us. On December 11th, it was reported that the recovery of data from a damaged DVD helped to convict a California man of multiple rapes. Michael Barnes was never a poster...

BLACK EYES FOR LAW ENFORCEMENT: MISHANDLING OF ELECTRONIC EVIDENCE

Posted on December 12, 2008
The need for more law enforcement training in the handling of electronic evidence is acute. This week has brought us more than our usual share of bumbling and fumbling from our friends in blue. This week?s harvest included: A police...

REMOTE SPY SOFTWARE GIVEN REPRIEVE BY COURT

Posted on December 10, 2008
On November 21st, I reported on the temporary restraining order that the Federal Trade Commission had secured against the sale of Remote Spy software. Things have changed since then, and the CEO of CyberSpy software, Tracer Spence, wrote to ask...

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YOU'LL SHOOT YOUR EYE OUT! AND OTHER RUMINATIONS FROM JAMAICA

Posted on December 08, 2008
Only a complete fool would be in Jamaica composing a blog post. Enter the fool. I tried to be helpful and open our champagne on our final night in Jamaica, but John immediately forbid that, intoning one of his favorite...

GETTING OFF THE ?START? LINE: EDD FIRST STEPS

Posted on December 03, 2008
For some reason, many small to mid-size businesses are struck with instant paralysis when confronted with a litigatin hold. There is much to be done - and quickly - but inertia seems to set in with the apprehenion. It seems...

DOCUMENT MANAGEMENT: AN OUNCE OF PREVENTION . . .

Posted on December 01, 2008
As anyone connected with litigation readiness knows, many of the horrors of electronic discovery would vanish if only clients would manage their documents and e-mail, thereby reducing the volume of data and making the remainder easier to search. John Heckman,...

WILL SOMEONE PLEASE SAVE THESE PEOPLE FROM THEMSELVES? THE ABYSMAL STATE OF REDACTION IN THE U.S. MILITARY

Posted on November 26, 2008
I didn?t know whether to laugh or cry when I saw a recent Army draft intelligence (definitely a misnomer) paper on potential terrorist uses of technology. Mind you, some of the subject matter absolutely bears study. It is certainly plausible...

UNFILTERED ORANGE: TAKE A BITE

Posted on November 24, 2008
Readers are always asking me about my favorite electronic discovery resources. Some time back, I announced the debut of "Unfiltered Orange," a weekly compilation of news posts related to EDD published by Orange Legal Technologies. Now that I have enjoyed...

THE DEVIL DEFROCKED: TRO GRANTED AGAINST CYBERSPY SOFTWARE

Posted on November 21, 2008
On November 17th, the Federal Trade Commission announced that it had secured a temporary restraining order against a Florida company accused of peddling spyware. At the request of the FTC, a U.S. district court in Florida issued a TRO against...

SURPRISE WITNESS: A METROCARD

Posted on November 19, 2008
In today?s New York Times, an unexpected witness (a MetroCard) made an appearance. Every time we think we?ve seen every possible form of electronic evidence, something else comes along. In May, Jason Jones was arrested in connection with a fatal...

WHAT WE?VE GOT HERE IS A FAILURE TO COMMUNICATE: THE DIGICEL CASE

Posted on November 17, 2008
From across the pond, courtesy of friend and colleague Ian Henderson, comes a landmark British decision in Digicel et al v. Cable & Wireless, et al. The parties got themselves in Dutch with the judge in traditional fashion. In the...

FROM THE IVY COVERED WALLS: IS THE DISCOVERY PROCESS BROKEN?

Posted on November 14, 2008
This week, we had the opportunity to speak at the George Mason School of Law and George Washington University. Casting aside my abject horror at the fact that these students seem to get younger each year, they are a sharp...

STRANGE BEDFELLOWS: GUIDANCE SOFTWARE AND ACCESS DATA

Posted on November 12, 2008
Like so many others, I?ve been watching the tango between Guidance Software and Access Data with interest. Access Data, which is privately held, had offered to buy all of Guidance?s outstanding stock for $4.50 a share in early October. On...

STALKING PORNOGRAPHY IN THE WORKPLACE

Posted on November 10, 2008
When you do computer forensics, you see the computers of folks who spend more than half of every workday viewing pornography. Having pornography on computers at work is every employer?s nightmare. Hostile environment actions are only the tip of the...

SHERIFFS WHO SEND US CHILD PORNOGRAPHY

Posted on November 07, 2008
Not for the first time, yesterday we received child pornography via FedEx from our attorney client, who had been given it by a sheriff?s office in Virginia. It was on a CD marked ?Sterile.? In our world, that means no...

PAPER BALLOTS VS VOTING MACHINES: NO CONTEST

Posted on November 05, 2008
Yesterday, John and I were amazed to find paper ballots available at our polling place - we've been using voting machines with touch screens for years. We were given the choice: "paper ballot or voting machine?" We looked at each...

FRAT BOYS IN W.V. ? SPOOFING E-MAIL GOES MAINSTREAM

Posted on November 03, 2008
Still in W.V., but now watching black bears on a mountain top instead of lecturing. Much more serene. And no, this post really isn?t about ?frat boys? ? in fact, they are law school associates who simply, by their own...

EDD?S GRIM REAPER: THE FLOUNDERING ECONOMY

Posted on October 31, 2008
Once again, we are on the road lecturing. We took a break from a warm and enthused West Virginia audience and had lunch with some of our faculty colleagues who follow the electronic evidence arena, including good friends Ross Kodner,...

NO ?MAGIC LAMP? - RUNNING HASH VALUES CONSTITUTES A SEARCH

Posted on October 30, 2008
Amazing how many times child pornography cases end up making law. It has happened again, this time in Pennsylvania in U.S. v. Crist (M.D. Pa. October 22, 2008). Bottom line, law enforcement ran child porn hash values against a forensic...

HOW DO I AUTHENTICATE A GOOGLE EARTH PHOTO?

Posted on October 29, 2008
After the electronic evidence has been gathered, getting it admitted in court can be a fearsome headache. You would THINK that there would be some fairly standard rules that a reasonable lawyer could follow. You?d be way off the mark....

VOTING MACHINES: IT?S NOT A BUG ? IT?S A FEATURE

Posted on October 27, 2008
With the election so close, it was timely to read recently about the faux pas committed by voting machines. For years, I?ve been preaching that these machines are NOT reliable ? and Lord knows, the students at Princeton have busy...

ONLINE DIVORCEE JAILED AFTER KILLING VIRTUAL HUBBY!

Posted on October 24, 2008
Well, that?s a stopper of a headline, isn?t it? In Japan, they take their virtual worlds seriously. Of course, they can?t quite charge you with murder for anything that happens in the virtual world, but the electronic evidence in this...

FROM THE MAILBAG: A LARGE GRAIN OF SALT

Posted on October 22, 2008
In a recent post, I reported on the release of a new litigation hold and e-discovery study from CGOC and Huron Consulting Group. In response, I received an interesting e-mail from a reader who preferred not to be named. A...

WHAT LAWYERS NEED: BRAIN DEAD SIMPLE EDD REVIEW

Posted on October 21, 2008
I have commiserated with many of my colleagues over the absence of a user-friendly EDD review tool for small to mid sizes cases. I never knew exactly how to describe it ? until I had pleasure of having breakfast at...

LITIGATION HOLDS: WHAT ARE THE BIG GUYS DOING?

Posted on October 16, 2008
When I lecture, I always point out the obvious: when your spinach is sending people to hospital and your cattle, who can?t stand up but you kill them anyway and send hamburgers to market that kill people, you are probably...

FULBRIGHT & JAWORSKI 2008 LITIGATION TRENDS SURVEY

Posted on October 14, 2008
This is always one of my favorite surveys. Lots of wheat, little chaff. And this year, it gave me good news. Since I make my living from the litigation business (and new case filings were down this year) and since...

MD5 COLLISIONS . . . THE ODDS ARE AN "UNDECILLION"? WHO KNEW?

Posted on October 13, 2008
Guess I struck a nerve with the recent MD5 collision posts. Lots of mail - here?s one more, reprinted by the kind permission of my close friend Craig Ball, who is always a generous colleague. My husband/partner John can keep...

OF MD5 COLLISIONS AND TRAIN WHISTLES

Posted on October 10, 2008
Why train whistles? Today we had two ?firsts? on the lecture circuit. We were in Winchester, Virginia ? a charming place, home to the annual Apple Blossom Festival, and a warm, wonderful audience. This was the first time we have...

COMPARING APPLES AND ORANGES: THE COST OF E-DISCOVERY

Posted on October 08, 2008
The price of e-discovery is making law firms and their clients crazy. Everyone bemoans not only the high costs, but the unpredictability of the costs. Orange Legal Technologies is not the first EDD company to try to come up with...

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