Electronic Discovery

Welcome to Electronic Discovery" title="Electronic Discovery">Electronic Discovery. You'll find information and resources that will help you defend, prosecute and understand computer forensics. We are constantly adding more information to this site and lean towards defense rather than prosecution. I explain why and cover the basics below.

Electronic Discovery is also referred to as computer forensic analysis, the process of discovering electronic evidence. This digital discovery involves methodically examining computer devices, such as hard drive, flash drives and laptops for evidence to be used in a trail.

Digital discovery is a very complicated process and almost always yields results, especially when completed by a trained examiner. A skilled recovery expert can also discovery files hidden within graphics and file structure that slip past the average discovery process.

If you're an attorney looking for an electronic discovery expert to defend your client, the cards are stacked against you! Many of the electronic discovery programs used to gather information against your client are not open to the public and makes discovering holes in the discovery process almost impossible.

Besides the requirement that you must be a law enforcement officer, many of the discovery programs are extremely expensive; law enforcement can afford these costs, but private individuals find the price too high.

Fact is, most detectives become electronic discover experts simply because they happened to know more about computers than their peers. Chances are they have seniority, wanted out of the standard day to day grind and jumped at the chance to add spice to their life. You just don't see computer geeks becoming detectives which leaves electronic discovery up to someone reliant on software alone!

Yup, most prosecutions are won by luck, not by intelligence! Most of the knowledge gleaned from computer forensics is from a software program and then interpreted by the software company. In fact, there is BIG business in pre-trial prep for law enforcement computer experts! Discovery Process Flawed

Example: Prosecutor claims they have log files showing that the defendant committed the crime. Actually, the prosecutor did find log files, but during the discovery process, they also found a subseven virus they didn't mention. The virus (very popular) gives remote control to other computers users on the net; easy to prove if you're aware of it!

Perhaps the defendant's wireless network was unsecured (most devices are configured this way out of the box!). Log files will show that Steve, the defendant's next door neighbor was the one who actually committed the crime, but the electronic discovery expert has his scope on the defendant instead. Again, easy to prove (most people use someone else's wireless connection and don't even know it!).

It's increasingly more difficult to defend a client in an electronic discovery case, unless you know what to look for. In fact, just a few good questions can poke a hole in the prosecutions case big enough to sink the ship!

This site is all about electronic discovery and finding ways to balance the playing field, recognized expert testimony or not!

Looking for electronic discovery resources, such as a trial attorney, defense attorney or legal help? Electronic Discovery resources coming soon!