|
Electronic discovery (also called e-discovery or eDiscovery) refers to any
process in which electronic data is sought, located, secured, and searched with
the intent of using it as evidence in a civil or criminal legal case.
E-discovery can be carried out offline on a particular computer or it can be
done in a network. Court-ordered or government sanctioned hacking for the purpose of obtaining critical evidence is also a type of e-discovery.
The nature of digital data makes it extremely well-suited to investigation.
For one thing, digital data can be electronically searched with ease, whereas
paper documents must be scrutinized manually. Furthermore, digital data is
difficult or impossible to completely destroy, particularly if it gets into a
network. This is because the data appears on multiple hard drives, and because
digital files, even if deleted, can be undeleted. In fact, the only reliable
means of destroying data is to physically destroy any hard drive where it is
found. In the process of electronic discovery, data of all types can serve as
evidence. This can include text, images, calendar files, databases,
spreadsheets, audio files, animation, Web sites, and computer programs. Even malware
such as viruses,
Trojans,
and spyware
can be secured and investigated. Electronic mail (e-mail) can be an especially
valuable source of evidence in civil or criminal litigation, because people are
often less careful in these exchanges than in hard copy correspondence such as
written memos and postal letters.
E-discovery is an evolving field that goes far beyond mere technology. It
gives rise to multiple legal, constitutional, political, security, and personal
privacy issues, many of which have yet to be resolved.
Computer forensics, also called cyberforensics,
is a specialized form of e-discovery in which an investigation is carried out on
the contents of the hard drive of a specific computer.
Computer forensics is the application of computer
investigation and analysis techniques to gather evidence suitable for
presentation in a court of law. The goal of computer forensics is to perform a
structured investigation while maintaining a documented chain of evidence to
find out exactly what happened on a computer and who was responsible for it. Forensic investigators typically follow a standard set of procedures: After
physically isolating the computer in question to make sure it cannot be
accidentally contaminated, investigators make a digital copy of the hard drive.
Once the original hard drive has been copied, it is locked in a safe or other
secure storage facility to maintain its pristine condition. All investigation is
done on the digital copy.
Investigators use a variety of techniques and proprietary forensic
applications to examine the hard drive copy, searching hidden folders and
unallocated disk space for copies of deleted, encrypted, or damaged files. Any
evidence found on the digital copy is carefully documented in a "finding report"
and verified with the original in preparation for legal proceedings that involve
discovery, depositions, or actual litigation.
Computer forensics has become its own area of scientific expertise, with
accompanying coursework and certification.
|