Cloud Computing And Electronic Discovery

Explore the frontier of electronic discovery in the cloud Cloud Computing and Electronic Discovery comprehensively covers the quickly-evolving realm of eDiscovery in cloud computing environments, a computing and legal frontier in which the rules and legal precedents are being developed anew seemingly by the day. The book delves into this fascinating and rapidly-developing topic to prepare fraud investigators, legal professionals, forensic accountants, and executives understand the ramifications of storing data with third party providers and how such storage mechanisms relate to the limits of discovery practices. This up-to-date resource also includes a complete discussion of the few existing legal precedents and current cases that are shaping interpretation of discovery laws in the cloud space, a perfect overview for executives storing their companies' data in the cloud and the legal professionals tasked with understanding and interpreting the discovery rules surrounding that data. The book is comprehensive in scope and includes: An overview of current trends in cloud computing, including potential information that should be considered in an investigation that involves data held by a cloud service provider Updates on current and proposed laws governing discovery of information held by a third party cloud service provider Updates on legal cases that address the issues of the Electronic Communication Privacy Act, the Federal law prohibiting release of information by a third party provider Practical guidance on how to consider the availability of cloud data relevant to an investigation, and how to include this data in discovery plans For business, accounting, and legal professionals, Cloud Computing and Electronic Discovery is an invaluable resource for understanding the nuanced development of cloud eDiscovery policies, practices, and law as they continue to unfold and develop.

We communicate, transact business, and socialize electronically as never before, so it's no surprise that virtually all business records are created and kept in electronic form. That electronic data resides everywhere - - on computers, Blackberries and portable devices, servers, backup tapes. When organizations and individuals reasonably anticipate litigation, they are under an obligation to preserve all relevant electronically stored information, but with the tangled web of electronic data that is stored in so many places (often subject to conflicting rules and laws about the storage of that data), it is very difficult to understand the legal obligations and implement them. E-discovery Plain & Simple discusses the world of electronically stored information and discovery through the viewpoints of two international experts in this field, an attorney and information technology consultant. This book explains technology and the legal issues involved in how we communicate and store electronic information in a "plain English" fashion, with charts, checklists, simple images and diagrams that are designed for readers with little, if any, information technology background. E-Discovery Plain & Simple is a key source of information for attorneys; corporate legal and compliance departments; small business owners and those who assist them who need to understand their legal obligations in this area and have them explained in clearly and concisely.

Cloud computing in both the now and the future of information technology (IT). The benefits of low-cost, unlimited, utility-like service is just too compelling to be ignored by organizations located anywhere in the world. But there are legal, business, and technical risks. This new book, Cloud Computing for Lawyers and Executives - A Global Approach demystifies cloud computing for those involved in seeking out, assessing, negotiating and approving cloud computing services agreements. With summaries written for executives ("Executive Takeaways") and in-depth risk and legal explanations and analysis for lawyers, this book simultaneously speaks to both audiences. This includes leaders and lawyers inside corporations and government and those that advise them. After introducing cloud computing by addressing the questions of what, why and when to use cloud computing and a financial analysis, the book then covers the laws around the world that use of cloud computing will implicate. It then spends the next two chapters on identifying the information security and privacy risks of cloud computing and the response to those risks. Response includes utilizing control frameworks, cloud standards, and audit and assessment methodologies. The next chapter discusses the preservation and breach of data in the cloud, including how litigation and investigation issues such as e-discovery and data breach differ in the cloud. Then next two chapters cover negotiation of the cloud services agreement. Adding to all of the risks presented in the prior chapters are additional legal risks. Examples of provisions from five cloud computing services contracts with leading providers are then highlighted. This is followed by a comprehensive explanation of a methodology to use in these negotiations, which is applied to two typical organizations, a multinational organization and a domestic small and medium sized business. Up to date through May 2011, the book closes with a chapter on legal ethics, the issues specific to consumer use of the cloud and the steps to take to prepare for cloud computing. There is an appendix listing the organizations involved in setting cloud computing standards. To maintain its global viewpoint, examples are used from around the world, international standards are discussed, and the statutes and rules explain the law from more than fifty (50) countries. It is truly a global approach to cloud computing!

Information that is crucial to your case can be stored just about anywhere in Blackberries, on home computers, in cellphones, in voicemail transcription programs, on flash drives, in native files, in metadata... Knowing what you're looking for is essential, but understanding technology and data storage systems can literally make or break your discovery efforts and your case. If you can't write targeted discovery requests, you won't get all the information you need. With Electronic Discovery: Law and Practice, Third Edition, you'll have the first single-source guide to the emerging law of electronic discovery and delivering reliable guidance on such topics as: Duty to Preserve Electronic Evidence Spoliation Document Retention Policies and Electronic Information Cost Shifting in Electronic Discovery Evidentiary Issues Inadvertent Waiver Table of State eDiscovery rules Litigation Hold Notices Application of the Work Product Doctrine to Litigation Support Systems Collection, Culling and Coding of ESI Inspection of Hard Disks in Civil Litigation Privacy Concerns Disclosure under FOIA Fully grasp the complexities of data sources and IT systems as they relate to electronic discovery, including cutting-edge software tools that facilitate discovery and litigation. Achieve a cooperative and efficient approach to conducting cost-effective ESI discovery. Employ sophisticated and effective discovery tools, including concept and contextual searching, statistical sampling, relationship mapping, and artificial intelligence that help automate the discovery process, reduce costs and enhance process and information integrity Written by Adam Cohen of Ernst & Young and David Lender of Weil, Gotshal & Manges LLP, Electronic Discovery: Law and Practice, Third Edition offers detailed analysis and guidance on the legal aspects of electronic discovery never before collected in such a comprehensive guide. You'll save time on research while benefiting from the knowledge and experience of the leading experts. Note: Online subscriptions are for three-month periods. Previous Edition: Electronic Discovery: Law & Practice, Second Edition, ISBN 9781454815600

Network forensics is an evolution of typical digital forensics, in which evidence is gathered from network traffic in near real time. This book will help security and forensics professionals as well as network administrators build a solid foundation of processes and controls to identify incidents and gather evidence from the network. Forensic scientists and investigators are some of the fastest growing jobs in the United States with over 70,000 individuals employed in 2008. Specifically in the area of cybercrime and digital forensics, the federal government is conducting a talent search for 10,000 qualified specialists. Almost every technology company has developed or is developing a cloud computing strategy. To cut costs, many companies are moving toward network-based applications like SalesForce.com, PeopleSoft, and HR Direct. Every day, we are moving companies’ proprietary data into a cloud, which can be hosted anywhere in the world. These companies need to understand how to identify where their data is going and what they are sending. Key network forensics skills and tools are discussed-for example, capturing network traffic, using Snort for network-based forensics, using NetWitness Investigator for network traffic analysis, and deciphering TCP/IP. The current and future states of network forensics analysis tools are addressed. The admissibility of network-based traffic is covered as well as the typical life cycle of a network forensics investigation.

As the Web grows and expands into ever more remote parts of the world, the availability of resources over the Internet increases exponentially. Making use of this widely prevalent tool, organizations and individuals can share and store knowledge like never before. Cloud Technology: Concepts, Methodologies, Tools, and Applications investigates the latest research in the ubiquitous Web, exploring the use of applications and software that make use of the Internet’s anytime, anywhere availability. By bringing together research and ideas from across the globe, this publication will be of use to computer engineers, software developers, and end users in business, education, medicine, and more.

While cloud computing continues to transform developments in information technology services, these advancements have contributed to a rise in cyber attacks; producing an urgent need to extend the applications of investigation processes. Cybercrime and Cloud Forensics: Applications for Investigation Processes presents a collection of research and case studies of applications for investigation processes in cloud computing environments. This reference source brings together the perspectives of cloud customers, security architects, and law enforcement agencies in the developing area of cloud forensics.

Information that is crucial to your case can be stored just about anywhere in Blackberries, on home computers, in cellphones, in voicemail transcription programs, on flash drives, in native files, in metadata... Knowing what you re looking for is essential, but understanding technology and data storage systems can literally make or break your discovery efforts and your case. If you can't write targeted discovery requests, you won't get all the information you need. With Electronic Discovery: Law and Practice, Second Edition, you'll have the first single-source guide to the emerging law of electronic discovery and delivering reliable guidance on such topics as: Duty to Preserve Electronic Evidence Spoliation Document Retention Policies and Electronic Information Cost Shifting in Electronic Discovery Evidentiary Issues Inadvertent Waiver Table of State eDiscovery rules Litigation Hold Notices Application of the Work Product Doctrine to Litigation Support Systems Collection, Culling and Coding of ESI Inspection of Hard Disks in Civil Litigation Privacy Concerns Disclosure under FOIA Fully grasp the complexities of data sources and IT systems as they relate to electronic discovery, including cutting-edge software tools that facilitate discovery and litigation. Achieve a cooperative and efficient approach to conducting cost-effective ESI discovery. Employ sophisticated and effective discovery tools, including concept and contextual searching, statistical sampling, relationship mapping, and artificial intelligence that help automate the discovery process, reduce costs and enhance process and information integrity Written by Adam Cohen of Ernst and Young and David Lender of Weil, Gotshal and Manges LLP, Electronic Discovery: Law and Practice, Second Edition, offers detailed analysis and guidance on the legal aspects of electronic discovery never before collected in such a comprehensive guide. You'll save time on research while benefiting from the knowledge and experience of the leading experts.