Electronic Data Discovery: Integrating Due Process into Cyber Forensic Practice
<p class="JDFSLParagraph">Most organizations and government agencies regularly become engaged in litigation with suppliers, customers, clients, employees, competitors, shareholders, prosecutors or regulatory agencies that nearly assures the need to organize, retain, find and produce...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Association of Digital Forensics, Security and Law
2006-03-01
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| Series: | Journal of Digital Forensics, Security and Law |
| Online Access: | http://ojs.jdfsl.org/index.php/jdfsl/article/view/225 |
| _version_ | 1811325254863159296 |
|---|---|
| author | John W. Bagby John C. Ruhnka |
| author_facet | John W. Bagby John C. Ruhnka |
| author_sort | John W. Bagby |
| collection | DOAJ |
| description | <p class="JDFSLParagraph">Most organizations and government agencies regularly become engaged in litigation with suppliers, customers, clients, employees, competitors, shareholders, prosecutors or regulatory agencies that nearly assures the need to organize, retain, find and produce business records and correspondence, e-mails, accounting records or other data relevant to disputed issues. This article discusses some high visibility cases that constrain how metadata and content is routinely made available to opposing parties in civil litigation, to prosecutors in criminal prosecutions and to agency staff in regulatory enforcement litigation. Public policy, as implemented in the rules of evidence and pretrial discovery, restrict electronic data discovery (EDD) as it becomes a predominant and potentially costly pre-trial activity pivotal to modern litigation. This article discusses these constraints while identifying opportunities for the interdisciplinary activities among litigators, forensic experts and information technology professionals.</p> |
| first_indexed | 2024-04-13T14:29:56Z |
| format | Article |
| id | doaj.art-bcd12171d23648be807c1222db676c0d |
| institution | Directory Open Access Journal |
| issn | 1558-7215 1558-7223 |
| language | English |
| last_indexed | 2024-04-13T14:29:56Z |
| publishDate | 2006-03-01 |
| publisher | Association of Digital Forensics, Security and Law |
| record_format | Article |
| series | Journal of Digital Forensics, Security and Law |
| spelling | doaj.art-bcd12171d23648be807c1222db676c0d2022-12-22T02:43:14ZengAssociation of Digital Forensics, Security and LawJournal of Digital Forensics, Security and Law1558-72151558-72232006-03-0111524141Electronic Data Discovery: Integrating Due Process into Cyber Forensic PracticeJohn W. Bagby0John C. Ruhnka1College of Information Sciences and Technology The Pennsylvania State UniversityThe Bard Center for Entrepreneurship Graduate School of Business Administration University of Colorado at Denver and Health Sciences Center<p class="JDFSLParagraph">Most organizations and government agencies regularly become engaged in litigation with suppliers, customers, clients, employees, competitors, shareholders, prosecutors or regulatory agencies that nearly assures the need to organize, retain, find and produce business records and correspondence, e-mails, accounting records or other data relevant to disputed issues. This article discusses some high visibility cases that constrain how metadata and content is routinely made available to opposing parties in civil litigation, to prosecutors in criminal prosecutions and to agency staff in regulatory enforcement litigation. Public policy, as implemented in the rules of evidence and pretrial discovery, restrict electronic data discovery (EDD) as it becomes a predominant and potentially costly pre-trial activity pivotal to modern litigation. This article discusses these constraints while identifying opportunities for the interdisciplinary activities among litigators, forensic experts and information technology professionals.</p>http://ojs.jdfsl.org/index.php/jdfsl/article/view/225 |
| spellingShingle | John W. Bagby John C. Ruhnka Electronic Data Discovery: Integrating Due Process into Cyber Forensic Practice Journal of Digital Forensics, Security and Law |
| title | Electronic Data Discovery: Integrating Due Process into Cyber Forensic Practice |
| title_full | Electronic Data Discovery: Integrating Due Process into Cyber Forensic Practice |
| title_fullStr | Electronic Data Discovery: Integrating Due Process into Cyber Forensic Practice |
| title_full_unstemmed | Electronic Data Discovery: Integrating Due Process into Cyber Forensic Practice |
| title_short | Electronic Data Discovery: Integrating Due Process into Cyber Forensic Practice |
| title_sort | electronic data discovery integrating due process into cyber forensic practice |
| url | http://ojs.jdfsl.org/index.php/jdfsl/article/view/225 |
| work_keys_str_mv | AT johnwbagby electronicdatadiscoveryintegratingdueprocessintocyberforensicpractice AT johncruhnka electronicdatadiscoveryintegratingdueprocessintocyberforensicpractice |