In the evolving realm of electronic discovery and digital forensics, the rules are constantly changing. It takes smart, savvy professionals to rise to these challenges, stay in compliance with the existing legal framework, and anticipate potential eDiscovery challenges resulting from litigation. Here is Part 2 in a series about challenges facing the field of digital forensics.
Inventive Encryption Techniques
As digital criminals become savvier with their encryption techniques, case law is plagued with cognitive dissonance about what exactly a defendant’s rights are when it comes to withholding passwords or other data that would unlock potentially incriminating evidence. The field of digital forensics must navigate within these boundaries and find new definitions that still allow justice to be properly served.
Burgeoning Big Data
In aggregate, companies and private individuals create an insurmountable amount of data every day, which in turn becomes the “big data” heard so much about within the eDiscovery field. The problem with big data is its sheer scope; for litigation support teams, the largest eDiscovery challenges lie in exactly how to make sense of it in a way that can be applied effectively in the legal sphere.
Social Media “Blurred Lines”
The term “over share” might be up there with “big data” as one of the most popular buzzwords of the previous year. As more employees access popular social media sites via shared workplace computers and more evidence is gathered from online profiles during discovery, the question of what exactly can be considered private begins to present as another of the primary eDiscovery challenges for the upcoming year. Careful heed must be taken with regards to litigation involving data collected from social media and how it can be applied or referenced in the legal sphere.
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