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Emerging Content Formats Challenge E-Discovery

Wednesday, October 11, 2017   (0 Comments)
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Extract from Judith Lamont, Ph.D.'s article "Emerging content formats challenge e-discovery"

As new types of content materialize from various applications and devices, the e-discovery process will become more difficult. According to a recent report from Osterman Research, any electronic information is potentially subject to e-discovery, including text messages, social media posts, data in collaboration tools and data from the Internet of Things (IoT). Web pages and data from wearable devices and vehicle event recorders are among the new sources of electronically stored content (ESI) that are possible targets for e-discovery.

While 80 percent of respondents in the study said they feel prepared to handle e-discovery for recent emails, only 12 percent felt they could do so for online applications such as Slack and only 7 percent for Facebook and Twitter.

A few decades ago, the issue of whether electronic data (as opposed to paper) constituted a record was still under discussion, and requests for e-mails were likely to be met with arguments. But around the year 2000, court cases began relying on metadata from electronic documents such as emails because that could prove when a document was sent. Laws have often lagged rapidly changing technology, but as the volume and velocity of ESI have exploded, keeping them in synch has become even more difficult.

[ACEDS note: ACEDS affiliates Catalyst and Exterro are prominently featured in this article.]

Read the full article here

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