Although we live in an era in which we are surrounded by an ever-deepening fog of data, few of us truly understand how the data are created, where data are stored, or how to retrieve or destroy data—if that is indeed possible. This book is for all of you, whatever your need or interest.
Electronically Stored Information: The Complete Guide to Management, Understanding, Acquisition, Storage, Search, and Retrieval, Second Edition explains the reasons you need to know about electronic data. It also gets into great detail about the how, what, when, and where of what is known in legal circles as electronically stored information (ESI).
With easy-to-understand explanations and guidelines, this book provides the practical understanding you need to effectively manage the complex world of ESI. Whether you are an attorney, judge, paralegal, business manager or owner, or just one of the ever-growing population of computer users, you will benefit from the information presented in this book.
Table of Contents
What Is Electronic Information, and Why Should You Care?
Electronically Stored Information and the Federal Rules of Civil Procedure
Problems with ESI as Discoverable Evidence
Why and How This Affects the Practice of Law
How This Affects Business Organizations
Effects on Government Entities
What This Might Mean to You as an Individual
Translating Geek: Information Technology versus Everyone Else
Role of IT
Information Technologist’s Perspective
Information Technology as an Ally
Where Is Electronically Stored Information? It’s Everywhere!
File and Print Servers
Instant Messaging Services
Physical Access Records
Internet or Online Data
Internet of Things (IOT) or of Everything (IOE)
Event and System Logs
Desktop Computer Facts
Metadata and Other Non-apparent Data
Who’s in Charge Here? Allies, Owners, and Stakeholders
The (Long) List of Stakeholders
Ownership of Data
Data Control Considerations
Required Skill Sets and Tools
The Hunt: Recovery and Acquisition
Where, Oh Where, Has My Data Gone?
Privileged, Sensitive, and Inaccessible Data Management
Proving Ownership and Integrity
Marking Time: How Time Is Recorded and Ensuring Integrity
Legal and Forensically Sound Acquisition
Keeping Your Treasures: Preservation and Management
Securing the Data
Access Control and Management
Organization and File Management Techniques
Safe Storage Issues and Considerations
Spoliation: The Loss of Relevant Data
Automated Technical Solutions
Sharing Is Good: Dissemination and Reporting
Format Issues: Original or Usable?
Mediums for Transfer
Creating Readable Reports
Tips for Depositions and Expert Witness
Appendix I: Links and References for More Information
Appendix II: Forms and Guides
Appendix III: Links to Technical Software Solutions
David Matthews has worked in the information technology (IT) field since 1992. He began working for the City of Seattle as the technology manager for the Legislative Department (City Council) in 1998. In early 2005, he was selected to be the first Deputy CISO for the city. In his work for the city, he developed and created an incident response plan that is compliant with the National Incident Management System (NIMS)/Incident Command System (ICS); updated and extensively rewrote the city’s information security policy; and created and taught training courses on information security and forensics. He created an IT primer for the city’s law department as part of his collaboration with them on e-discovery issues.
In 2012, he was recruited by Expedia, Inc. to develop and lead their global cyber incident response team. He created and exercised a plan that integrated with their network response and disaster recovery plans and led a team located both in the United States and India. He retired in 2014 and is now doing consultant work mostly with local governments and critical infrastructure to enhance their cyber response and resiliency capabilities.
"Matthews has approached e-discovery from a fresh, new perspective—one that is understandable to the layperson as well as the technologist. ... A must-read for anyone in the information technology and legal professions, the book provides invaluable information to be proactive or reactive in responding to requests of electronically stored information. ... This book goes a long way in removing the intimidation factor between IT, the corporate legal department, and outside counsel. This book should be required reading for anyone in a computer science, information technology, or law-related program, and is now part of the Digital Forensics and the Law course I instruct. If you want to get up to speed on e-discovery and actually understand what you read, you’ll buy this book."
—Steve Hailey, President & CEO, CyberSecurity Institute; Digital Forensic Examiner; and Educator