Today, most business owners conduct many of their affairs from deep within the digital arena. Laptops, smartphones, USB drives, and the like are commonplace in the business world.
That said, if your business — or one that you have previously worked with — ever ends up in litigation, an attorney involved in the case may need to search electronics you once used for evidence to prove guilt or innocence.
Many refer to the process either as eDiscovery or digital forensics, using both terms interchangeably; however, it’s vital that IT professionals understand that the two are, indeed, separate processes and that each has its own distinct purposes and characteristics.
Missing Information
The digital forensics process is much more concerned with ESI that is not there, that is, data that has somehow been hidden, deleted, or otherwise tampered with.
The eDiscovery process is all about finding electronically stored information (ESI), going through it to find evidence, and presenting that evidence in court. The digital forensics process is much more concerned with ESI that is not there, that is, data that has somehow been hidden, deleted, or otherwise tampered with. Analysts will use special tools to uncover suspicious activity and retrieve the missing information.
Tools and Techniques
Digital forensics is often applied to high-stakes situations and is, therefore, often held to very high standards.
Undoubtedly, the eDiscovery process involves dealing with several modern technologies; these might include AI tools to help identify and categorize ESI, hosting platforms for secure storage, email platforms, and keyword search applications.
Digital forensics, on the other hand, is a much more technical task than eDiscovery, often performed by a professional who understands the use of forensic imaging, file carving tools, registry, memory, and network analysis programs, and hash comparison applications. With that said, digital forensics is often applied to high-stakes situations and is, therefore, often held to very high standards.
Information vs. Activity
The entire eDiscovery process is centered around the information that an attorney finds on an electronic device. They’ll then spend countless hours combing through that information to find relevant ESI to help prove your case.
Digital forensics, in contrast, is a process more concerned about the activities that occurred with that information. That might mean detecting malicious activity on a network, understanding when and how applications were installed on a computer, or analyzing a laptop’s memory system to know which processes have recently been run.
In any case, forensic tools find and preserve records of that digital activity and present those records in court.
A Different Focus
Many people who have undergone the eDiscovery process understand how costly it can be. Much of the eDiscovery process is focused on managing those costs, which often means using complex technology tools to find relevant information more quickly.
The digital forensics process usually gives no thought to the time or costs incurred. As it is often used in criminal cases, the process is much more focused on locating evidence for the case at hand.
Getting Legal Help With These Complex Processes
In many cases, both the information found during eDiscovery and the activity uncovered with digital forensics work in tandem to prove a case.
While digital forensics and eDiscovery are two different processes, they complement each other well in the legal arena. They both require preserving, collecting, analyzing, and presenting ESI in a court of law. In many cases, both the information found during eDiscovery and the activity uncovered with digital forensics work in tandem to prove a case.
As you move through either of these complex processes, it’s critical that your team consult legal counsel for help. With a unique flat-fee structure and a passion for technology, an eDiscovery attorney at Lancaster Tech Law can help businesses, and IT teams throughout Lancaster, PA, and the surrounding areas navigate their unique situation without jeopardizing their case. Call now to schedule a consultation and get sound advice regarding your next steps.