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1 Data Management to Evidence Data Management to Evidence William F. Hamilton Tampa, Florida.

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Presentation on theme: "1 Data Management to Evidence Data Management to Evidence William F. Hamilton Tampa, Florida."— Presentation transcript:

1 1 Data Management to Evidence Data Management to Evidence William F. Hamilton Tampa, Florida

2 2 “Documents” Are Now Electronic “Documents” are now electronically created and stored = New legal issues New legal issues = New paradigm New paradigm

3 3 There is More Data Than What You See!

4 4 Source Code for Same Page

5 5 “Metadata” lurks everywhere

6 6 The Digital World is a New Game Volatile and easily alterableVolatile and easily alterable Voluminous and variegatedVoluminous and variegated Dispersed and co- locatedDispersed and co- located

7 7 s s Web pages Web pages Text messages Text messages Digital voice recordings Digital voice recordings Data base compilations Data base compilations Digital photographs Digital photographs Computer logs Computer logs Data Comes in Numerous Flavors

8 8 The Stages of E-Discovery

9 9 Preservation: Stop the Deletion Assemble the TeamAssemble the Team Assess the caseAssess the case Litigation HoldLitigation Hold

10 10 Gather the Data

11 11 Shrink the Data Key wordsKey words TaxonomyTaxonomy ClusteringClustering ConceptualConceptual

12 12 Review the Data First Cut for RelevanceFirst Cut for Relevance Second Cut for Privilege and CodingSecond Cut for Privilege and Coding

13 13 The Costs Keep Mounting Courtesy of Browning Marean, DLA Piper

14 14 Keys to Cost Reduction The Big Squeeze: Data VolumeData Volume Data LocationData Location Data IdentityData Identity Not Attorneys! Not Attorneys!

15 15 Data Map or Audit

16 16 Kick it to the Curb! Data Management

17 17 Back to the Future: Information Management

18 18 The Final Frontier: Admissibility Here come da Judge!

19 19 Data Authenticity Cannot touch, feel, see, or handle data…

20 20 Data is Easy to Alter!

21 21 Data Changes are hard to detect

22 22 Are Our Data Bases Secure?

23 23 Where Did the Data Come From?

24 24 Where Did the “Original” Go?

25 25 Data is a Perpetual Flow and Change

26 26 What it Takes in Court The business uses a computer and the computer is reliableThe business uses a computer and the computer is reliable The business has developed a procedure for inserting data into the computerThe business has developed a procedure for inserting data into the computer The procedure has built-in safeguards to ensure accuracy and identify errorsThe procedure has built-in safeguards to ensure accuracy and identify errors The business keeps the computer in a good state of repairThe business keeps the computer in a good state of repair The witness had the computer readout certain dataThe witness had the computer readout certain data The witness used the proper procedure to obtained the readoutThe witness used the proper procedure to obtained the readout The witness explains how he or she recognizes the readoutThe witness explains how he or she recognizes the readout If the readout contains strange symbols or terms, the witness explains the meaningIf the readout contains strange symbols or terms, the witness explains the meaning Imwinkelried, Evidentiary Foundations, at 4.03[2]

27 27 New Authentication Tools HashHash EncryptionEncryption Time StampsTime Stamps

28 28 Authentication: Hash IT!

29 29 Encryption

30 30 Single Code: One Key

31 31 Public Key-Private Key Systems Public Key Known by All

32 32 Private Key Only works for me!

33 33 Time Stamps

34 34 Certification by a Trusted Source

35 35 How to Make Your Lawyers Happy Close Databases to multiple usersClose Databases to multiple users Use and change password protectionUse and change password protection Employ encryption for key dataEmploy encryption for key data Lock databases “read only”Lock databases “read only” Hash early and oftenHash early and often Utilize public-key private key securityUtilize public-key private key security Employ time stampsEmploy time stamps Check, re-check and test your applications and systems, especially custom workCheck, re-check and test your applications and systems, especially custom work

36 36 The new Digital Copernican Revolution

37 37 Go Rays……


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