Pennsylvania Supreme Court Rules that Forcing Provision of Computer Password Violates the Fifth Amendment: eDiscovery Case Law

eDiscovery Daily

At Appellant’s apartment, after the agents discovered a single computer, an HP Envy 700 desktop, which was encrypted with TrueCrypt, Appellant informed the agents that he lived alone, that he was the sole user of the computer, and that only he knew the password to his computer.

Despite Estimate of 37 Years to Crack iPhone, Government Doesn’t Have to Return it – Yet: eDiscovery Case Law

eDiscovery Daily

Wolford denied the defendant’s Motion for Return of Property Under Federal Rule of Criminal Procedure 41(g), ruling that “[t]he government’s evidentiary interest in the [defendant’s] iPhone outweighs Defendant’s interest in its return, at least at this stage of the proceedings”.


Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Tending Your Garden: Why Information Governance Should be an Ongoing Process in Your Organization: eDiscovery Best Practices

eDiscovery Daily

Jim’s post below highlights the importance of a strong information governance program and how creation of a data map can be a key component to that IG program. Complying with the management requirements of personal data in Europe’s impending General Data Protection Regulation (GDPR) will make information governance even more of a priority than ever as Tom O’Connor and I discussed in last week’s webcast. Electronic Discovery Information Governance Privacy

Today is the Day to “Master” Your Knowledge of eDiscovery in Washington DC for 2018: eDiscovery Trends

eDiscovery Daily

It’s almost two days of educational sessions covering a wide range of topics! This year’s Washington DC event includes nearly two days of educational sessions covers topics ranging from privacy to cybersecurity to social media to cloud computing. I will be moderating a panel of eDiscovery experts that includes Mike Quartararo , Founder and Managing director of eDPM Advisory Services and author of the 2016 book Project Management in Electronic Discovery; Robert D.

Court Denies Criminal Defendant’s Motion to Suppress Evidence Obtained via Warrantless Search: eDiscovery Case Law

eDiscovery Daily

During the period at issue in this case, the warning banner advised (among other things) that at any time, the US Government may inspect and seize data stored on the information system. Case Law Electronic Discovery Email PrivacyIn United States v. Caputo, No. 3:18-cr-00428-IM (D.

“Master” Your Knowledge of eDiscovery With This Conference in Washington DC Again This Year: eDiscovery Trends

eDiscovery Daily

It’s almost two days of educational sessions covering a wide range of topics! This year’s Washington DC event includes nearly two days of educational sessions covers topics ranging from privacy to cybersecurity to social media to cloud computing. I will be moderating a panel of eDiscovery experts to discuss the challenges that big data place on information governance and legal discovery professionals and potential approaches for addressing those challenges.

Friday the 13th is Unlucky for the City of New Orleans. Almost. Maybe.: Cybersecurity Trends

eDiscovery Daily

” As a precautionary measure, the NOLA tweet confirmed, the city’s IT department gave the order for all employees to power down computers and disconnect from Wi-Fi. However, in August, 23 government agencies were taken offline by a cyber-attack on the State of Texas.

URLs Aren’t Archives ¯_(?)_/¯, and Other Stories

The Schedule

Information technologists, data librarians, and information governance professionals may broaden those definitions to include data backups, but generally, archivists tend to shy away from “Big Data” and instead focus on that small bit of material that is deemed archival. Computers made it possible to digitize that microfilm, secure it in a database, distribute publications even more widely. Outreach and Education Uncategorized journalism

What’s a Lawyer’s Duty When a Data Breach Occurs within the Law Firm: Cybersecurity Best Practices

eDiscovery Daily

Right inside the door, you see a handwritten notice on a big whiteboard which says: All network services are down, DO NOT turn on your computers! Finding this odd, you turn to your firm receptionist who tells you that the firm was hit with a ransomware attack overnight, and that if you turn on your computer all of your files will be immediately encrypted, subject to a bitcoin ransom.”. Electronic Discovery Security

Preparing for Litigation Before it Happens: eDiscovery Best Practices, Part Six

eDiscovery Daily

Ralph Losey made the point best when he observed that “ AI-Enhanced Big Data Search Will Greatly Simplify Information Governance” (in this blog post here ). Because as he put it, In order to meet the basic goal of finding information, Information Governance focuses its efforts on the proper classification of information. Much of Information Governance is devoted to trying to determine what information is a valuable needle, and what is worthless chaff.

Ignoring Internet of Things Devices Could Be IdIoTic: eDiscovery Trends

eDiscovery Daily

However, Walton suggested lawyers should always evaluate if their client’s legal matter warrants obtaining information from an IoT device and make proportional requests for the data, an approach that also governs other types of discoverable content. Further, it addresses topics including data privacy, fog computing, smart cities and more. Electronic Discovery Industry Trends

IoT 44

Announcing Eighth Annual LTNY Thought Leader Series!: eDiscovery Trends

eDiscovery Daily

E-discovery luminary and recipient of the Masters Conference Educator of the Year 2016, Mary provides ACEDS and its membership more than a decade of strong credibility and sound leadership within the e-discovery community. Mary is the author of A Process of Illumination: The Practical Guide to Electronic Discovery , considered by many to be the first popular book on e-discovery. Cheriton School of Computer Science at the University of Waterloo and principal of Maura Grossman Law.

2019 eDiscovery Case Law Year in Review, Part 3

eDiscovery Daily

US forecloses the government’s ability to obtain this type of data without a warrant. Case Law Electronic DiscoveryAs we noted Tuesday and yesterday , eDiscovery Daily published 66 posts related to eDiscovery case decisions and activities over the past year, covering 56 unique cases !

Tuesday’s Relativity Fest 2019 Sessions: eDiscovery Trends

eDiscovery Daily

Join us to hear examples of failures by a major medical center, a major financial institution, a large federal government agency, and a noted presidential advisor. Speakers Include: Constantine Pappas – Senior Manager, Relativity Solutions, Relativity; Karen Wagshul – eDiscovery Counsel, Allstate; Kimberly Quan – Lead, eDiscovery & Information Governance, Juniper Networks; Beth Solomon – Director & Senior Counsel, Payments, Discover Financial Services.

Even with Bad Communication and Unfulfilled Discovery Obligations, Sanctions Still Not Granted: eDiscovery Case Law

eDiscovery Daily

The relators filed this qui tam action alleging the defendants defrauded government healthcare programs by fraudulently reporting inflated Usual and Customary (U&C) pharmacy prices for prescriptions filled for government healthcare program beneficiaries. It was also charged that the relators intentionally deleted computer files concerning these conversations and threw away the computer on which the files were stored, thereby precluding examination of the relevant metadata.

Relativity Fest is Here! And So Are We!: eDiscovery Trends

eDiscovery Daily

Actually, it started yesterday, with a few events, including the Welcome Reception and the Beer and Basics: e-Discovery 101 and Relativity Fundamentals session (serving beer and wine at an education session is OK with me!). Speakers Include: David Horrigan – Discovery Counsel and Legal Education Director, Relativity, Justice Tanya Kennedy , New York Supreme Court – New York County, U.S. LIE227579 – e-Discovery with the Government.

2019 eDiscovery Case Law Year in Review, Part 4

eDiscovery Daily

Court Sanctions US Government for Spoliation in Copyright Infringement Case : In 4DD Holdings, LLC v. Case Law Electronic Discovery

Hewlett-Packard/Autonomy Deal Results in More Indictments: eDiscovery Trends

eDiscovery Daily

which was formed in the breakup of HP’s corporate computing divisions from its printer and PC business in 2015) praised the indictment. “HPE The government has argued that Lynch’s reassembling of his Autonomy inner circle at the new firm, including Hussain, isn’t illegal by itself but may have created financial relationships that prevented some of those people from coming forward as witnesses. Electronic Discovery Ethics Industry Trends

The Personnel File: Retention & Best Practices

The Texas Record

Every state agency and local government creates and maintains employee records. The complicating factor for employee records is that both Local Government Schedule GR and the State Records Retention Schedule list multiple records series that can be classified as personnel records (located in Part 3 of each schedule). Local Government Retention Schedule GR.

Understanding eDiscovery in Criminal Cases, Part Four: eDiscovery Best Practices

eDiscovery Daily

So, it is no surprise that one of the growing electronic aspects of criminal law is social media as evidence. We have discussed warrants and subpoenas of evidence earlier, but in some cases, the government may not even need a warrant or subpoena to obtain social media evidence because a specific statute, The Stored Communications Act (“SCA”) governs this area of law. Criminal Law Electronic Discovery

RMS Section Meeting Teaser #5

The Schedule

Reminder: our section meeting is free and it is set for Monday, July 27th at 3pm EST. Are Records Essential to Governance of Higher Education during a Crisis? Not only are records creators and archives’ staff restricted from access to physical records, but most staff and faculty working remotely and often creating and storing “institutional records” on dispersed servers, such as personal computers, and in new electronic formats, including Zoom meetings.

Understanding eDiscovery in Criminal Cases, Part Two: eDiscovery Best Practices

eDiscovery Daily

Because more than 90 percent of documents today are generated in electronic format, ESI is becoming more and more prominent in criminal matters, especially white collar criminal cases. This exception is generally allowed for protection of law enforcement officers and may not give them the right to seize a computer unless it poses a threat. If the police have probable cause to believe there is evidence of a crime on a computer, they may search it otherwise they will need a warrant.

Understanding eDiscovery in Criminal Cases, Part Three: eDiscovery Best Practices

eDiscovery Daily

The government will usually get its ESI by consent or warrant. Typically, when the federal government seeks data in criminal cases (and most states have a similar procedure), it requests a search and seizure warrant by filing an application or affidavit sworn before a judge. The government provides the defense with an inventory return form, which describes the physical storage media seized or copied. The first is forensic images of computers and cell phones.

NY Appellate Court Reverses Ruling on Discovery of “Private” Facebook Posts: eDiscovery Case Law

eDiscovery Daily

In this case regarding allegations that the plaintiff was injured when she fell from a horse owned by defendant and maintained that, since the accident, she had become reclusive as a result of her injuries and also had difficulty using a computer and composing coherent messages. Case Law Electronic Discovery Evidence Production Social TechnologyIn Forman v. Henkin, No.

93 Percent of Legal Professionals Surveyed by Consilio Think AI Will Be Helpful to Legal: eDiscovery Trends

eDiscovery Daily

When you travel to Dallas for the Masters Conference (which is today) and forget your laptop charger, then make a trip to Best Buy to get a replacement — only to get back to the hotel and find out that the one you bought doesn’t fit your laptop (even though it listed the laptop manufacturer on the package) you wind up typing your blog post on the hotel computer in the Business Center. Analysis Electronic DiscoveryThe things I do to get a blog post out.

Understanding eDiscovery in Criminal Cases, Part Five: eDiscovery Best Practices

eDiscovery Daily

Of course, not all criminal law electronic discovery matters involve futuristic technologies such as the Echo or embedded web pages. Cotterman had been flagged in the government computers due to a 15-year-old conviction for child molestation. Just as technological advances change what is reasonably accessible under Rule 26 in civil matters, advances in legal technology are making it cheaper and easier for the government to conduct searches in criminal matters.”.

Business ID Theft Soars Amid COVID Closures

Krebs on Security

” The crates and boxes being delivered to his erstwhile office space were mostly computers and other high-priced items ordered from 10 different Office Depot credit cards that also were not in his name.

Steelcase office furniture giant hit by Ryuk ransomware attack

Security Affairs

Steelcase is a US-based furniture company that produces office furniture, architectural and technology products for office environments and the education, health care and retail industries.

Why Is TAR Like a Bag of M&M’s?, Part Four: eDiscovery Best Practices

eDiscovery Daily

These rules govern the procedure in all civil actions and proceedings in the United States district courts, except as stated in Rule 81. And although we have seen ample evidence that computers are faster than humans, speed may not always equate to accuracy. Principle 4 of the Sedona Conference Commentary on Proportionality in Electronic Discovery states that “The application of proportionality should be based on information rather than speculation.”

University, Professional Certification or Direct Experience?

Security Affairs

but that recursive question raised a more general question: what are the differences between cybersecurity educational models? The education process is based upon the information to be shared, by meaning that information is the “starting brick” of education. If there is no information to be shared there isn’t an education process. I am a computer security scientist with an intensive hacking background. How to improve technical skills?

GUEST ESSAY: The story behind how DataTribe is helping to seed ‘Cybersecurity Valley’ in Maryland

The Last Watchdog

Related: Port Covington cyber hub project gets underway That’s because Maryland is home to more than 40 government agencies with extensive cyber programs, including the National Security Agency, National Institute of Standards and Technology, Defense Information Systems Agency, Intelligence Advanced Research Projects Activity, USCYBERCOM, NASA and the Department of Defense’s Cyber Crime Center. There’s oil in the state of Maryland – “cyber oil.”

RMS annual meeting teaser #2

The Schedule

In my experience working at higher education institutions as an archivist with records management responsibilities, I have found that we are often ignored or forgotten when it comes to decision making, especially in regard to electronic records. Another panelist who will be presenting during our annual meeting is Krista Oldham, University Archivist at Clemson University. She will speak on “The Struggle is Real: Getting a Seat at the Table.”.

Ralph Losey of Jackson Lewis, LLP: eDiscovery Trends 2018

eDiscovery Daily

Ralph is also a prolific author of eDiscovery books and articles, including the popular e-Discovery Team® Blog , founder and owner of an online training program, e-Discovery Team Training , with attorney and technical students all over the world, founder of the Electronic Discovery Best Practices (EDBP) lawyer-centric work flow model and founder of an eighteen class training course on Technology Assisted Review ( TAR Course ). Electronic Discovery Industry Trends

How should you investigate a data breach?

IT Governance

This might be, for example,the victim’s computer, a web page or a physical space in which documents were compromised. The scene of the incident will generally provide you with the clues you need to work out – or at least make an educated guess regarding – who was responsible for the breach and how it occurred. Fortunately, IT Governance is here to help. appeared first on IT Governance Blog.

Weekly podcast: NCSC and Kaspersky, parliamentary passwords and macOS High Sierra (again)

IT Governance

Hello and welcome to the IT Governance podcast for Friday, 8 December 2017. The chief executive of the UK’s National Cyber Security Centre, Ciaran Martin, has warned senior civil servants about using Russian antivirus (AV) software in government departments. Russia has the intent to target UK central Government and the UK’s critical national infrastructure.” […]. “To Dorries tweeted : “My staff log onto my computer on my desk with my login everyday.

Cyber is Cyber is Cyber

Lenny Zeltser

Computer security, perhaps? This might be because the industry continues to embrace the lexicon used in government and military circles, where cyber reigns supreme. ” From NIST’s perspective, cybersecurity is about safeguarding electronic communications, while information security is about protecting information in all forms. If our goal is to engage with and educate as broad a range of people as possible, using ‘cyber’ will help us do that.

Debut of the Texas State Records Retention Schedule (RRS): 5th Edition – 5/10/2020

The Texas Record

Local governments in Texas should continue following local retention schedules. 2.1.001 Processing Files These types of records should be classified under Master Files and Application Data (2.1.002) and Computer Software Programs (2.1.007), as applicable.

Regulation of AI-Based Applications: The Inevitable New Frontier


No doubt, applications of AI may address some of the most vexing social challenges such as health, the environment, economic empowerment, education, and infrastructure. The scope of the harmful impacts AI algorithms was documented by the AI Now Institute 2019 Report : “ Litigating Algorithms, New Challenges to Government Use of Algorithmic Decision Systems. ” Bill, the California government will be left to its own devices and resources, which are already thinly spread.

The debate on the Data Protection Bill in the House of Lords

Data Protector

When we do the weekly supermarket shop online, we should be able to move our shopping list electronically. Banks must still be allowed to process data to prevent fraud; regulators must still be allowed to process data to investigate malpractice and corruption; sports governing bodies must be allowed to process data to keep the cheats out; and journalists must still be able to investigate scandal and malpractice. Perhaps the Government could respond on that point.

GDPR 120

Apple founder Steve Wozniak interview, answers your Tweeted questions | ZDNet

Collaboration 2.0

Apple founder Steve Wozniak interview, answers your Tweeted questions By Oliver Marks | July 10, 2008, 9:08pm PDT Summary At the San Francisco Social Networking Conference today, Steve Wozniak, Apple co founder and personal computer legend, shared some fascinating insights into the modern world of social networking and mobile phones. What kind of computer and car you have, what kind of skills you have, and that you can look up people nearby that fit a certain profile.