Electronic Discovery and Evidence

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Goebel Group Inc.

Black Boxes and Privacy Issues

COMMENTS OF THE ELECTRONIC PRIVACY INFORMATION CENTER (August 13, 2004). "The Electronic Privacy Information Center (EPIC) respectfully submits these comments on the proposed rulemaking by the National Highway Traffic Safety Administration (NHTSA) to standardize the data format of event data recorders (EDRs), or "black boxes," in passenger vehicles.[1] Our comments focus on the privacy implications of EDR technology. . . "

Electronic Trail Leads to Murderer

Electronic trail leads to mother’s alleged killer - Computer IP address narrowed search.  "In the end, it wasn’t a fingerprint or a blood spatter that led authorities to the woman suspected of strangling a mother-to-be and cutting the baby from her womb. It was an 11-digit computer code. . . ."

E-mail Risks

Blunkett Resignation a Reminder of the Risks of Email.  "LONDON, 16 December 2004 - The events surrounding Home Secretary David Blunkett’s resignation yesterday present a timely reminder of the risks involved in communicating by email, according to Orchestria, the global leader in the fast-emerging Active Policy Management software market. The ex-cabinet minister is the newest addition to an eclectic range of figures who have suffered personally or professionally as a result of compromising email messages, including: . . ."

RFID

Technology's Benedict Arnold? "(Radio Frequency IDentification) tags also called EPC (Electronic Product Code tags) are poised to replace the ubiquitous UPC bar codes that adorn most everything we buy. And that may be a good thing. Unlike UPC bar codes which have to be individually "looked at" by an optical reader (think grocery store checkouts), the RFID tag removes that line of sight restriction. As the "RF" (Radio Frequency) portion of their name suggests, RFID tags are queried by radio waves, not by light, and so they can be read at a distance. . . "

Digital Camera Metadata and GPS

Now, where did I take that photo? Ask the camera. "When you release the shutter on a digital camera, it records more than just Aunt Millie's toothy smile. With each photograph, the camera attaches descriptive data - information like date and time, make and model, white balance settings and whether the flash was used. Among the 300 or more types of data that can be attached are Global Positioning System coordinates, pinpointing where the photograph was taken. Most digital cameras cannot be connected to a GPS receiver, so they cannot automatically tag images with coordinates. But interest in the combination is growing. When Frederik Ramm, a software engineer in Karlsruhe, Germany, strapped a digital camera and separate GPS receiver to his car and drove around northern Scotland, he posted his results on the Web in the form of a geographically navigable travelogue. . . "

Proposed Federal Rules on Electronic Evidence

Taking The Fear Factor Out Of E-Mail.  "An obscure committee is proposing controversial rules for digital evidence Tort reform is a hot topic again. Taking advantage of the most favorable political climate in years, business lobbyists are pushing for new federal laws that would mop up the asbestos mess, cap medical malpractice damages, and help companies steer class actions out of hostile state courts. . . "

Discovering Party to Pay Discovery Cost - California

Demanding Party Ruled Liable for Data Translation Costs. "Litigants who demand expensive electronic data discovery have to pay for it, the 6th District Court of Appeal ruled Friday. Noting that the issue is "bound to arise with increasing frequency," the appellate court reversed a trial court decision that had compelled Toshiba America Electronic Components Inc. to produce data at an estimated cost of $1.5 million to $1.9 million. . . "

Trucker Black Boxes

ATA, OOIDA speak out on "black boxes"."The American Trucking Associations and the Owner-Operator Independent Driver Association both spoke out on the possibility of mandated black boxes for trucks last week.  The two groups were among hundreds of parties to submit comments to the Federal Motor Carrier Safety Administration in response to the agency's announcement that it will consider mandating electronic on-board recorders as part of a revised hours-of-service rule it is required to publish by next summer. In its comments the ATA acknowledged changing attitudes toward EOBRs in its membership, saying that more carriers are getting used to the idea. However, the ATA said government must provide strong evidence that a mandate would yield real safety benefits. The ATA said one reason for slow voluntary adoption is the possibility that black box data could be used in civil litigation. . . "

Book - Electronic Discovery and Evidence Review

"Michael Arkfeld's 2004 Edition of Electronic Discovery and Evidence is a desk reference that every attorney should own. I have most of the available desk references on the topic of electronic discovery and this one is the best of them all! It is well organized, covers all of the important topic and most importantly is easy to understand. Recent court opinions and proposed amendments to the FRCP impose on counsel an affirmative duty to understand, locate, preserve and produce computer generated evidence. Michael's desk reference will help you comply with the latest electronic discovery rules and build the best possible case strategy."

Albert Barsocchini, Esq.

Director of Professional Services

Guidance Software