Studies
indicate that a third of business documents created today never become
paper records. When you consider the explosion in e-mail and
other electronic communication, it's likely that most smoking gun
documents never get printed out. Discovery of electronic records
raises daunting issues of cost, complexity, privacy and privilege, but
that's where the evidence in all cases is rapidly and inexorably
moving.
Computer forensics is the identification, preservation, extraction,
interpretation and presentation of computer-related evidence. With an
estimated 93% of the world's data being created by computer, computer
forensics and related issues offers signal challenges and
opportunities to the 21st century law practice.
Examplar Order Requiring Imaging
of Hard Drive
Hon. Curt B. Henderson (March 2003)
Draft of an order
directing the imaging and preservation of the data on a computer hard
drive; the discoverability of the material is reserved for later
determination
(PDF 120 KB)
The
Duty to Preserve Electronic Evidence
Hon. Curt B. Henderson (January 2003)
A brief article discussing
counsel's obligation to advise clients respecting the preservation of
electronic evidence in anticipation of litigation. (PDF 120 KB)
COMPUTER
FORENSICS and ELECTRONIC EVIDENCE: New
Opportunities and New Obligations for the 21st Century
Hon. Curt B.
Henderson (Nov. 2002)
This paper provides a short glimpse into some areas
of computer forensics where counsel needs to gain a better
understanding. Includes practical tips for pursuing electronic
discovery. (PDF 432 KB)
Searching
and Seizing Computers and Obtaining Electronic Evidence in Criminal
Investigations
U.S. Department of Justice (July 2002)
This publication is a
revised version of the 2001 edition of "Searching and Seizing
Computers and Obtaining Electronic Evidence in Criminal
Investigations." In addition to discussing recent case law, the
Manual incorporates the important changes made to the laws governing
electronic evidence gathering by the USA PATRIOT Act of 2001, Pub. L.
No. 107-56, 115 Stat. 272 (2001) (the "PATRIOT Act").
(HTML 618 KB)
National
Inst. of Justice's Electronic Crime Scene Investigation Manual: A
Guide for First Responders
U.S. Department of Justice (July 2001)
Computers and other
electronic devices are being used increasingly to commit, enable, or
support crimes against persons, organizations, or property. This NIJ
Guide (NCJ 187736) is intended for use by law enforcement and other
responders who have the responsibility for protecting an electronic
crime scene and for the recognition, collection, and preservation of
electronic evidence. (PDF 896 KB)
Computer
Forensics for Lawyers Who Can't Set the Clock on Their VCR
Craig Ball (October 2002)
Learning the nuts-and-bolts
of electronic discovery may be the most important new knowledge you
can acquire in your practice. From bits and bytes to where
secret data hides on a hard disc, this easy-to-read illustrated paper
lays it all out for you. (PDF 1.3MB)
Computer
Forensics: The OnlineSecurity Primer for Recovering Electronic
Digital Evidence
James E. Gordon (2000)
Quick read introduction to
computer forensics by the CEO of an Investigative and Network Security
consulting firm. (PDF 123 KB)
