Electronic Discovery and Evidence

Solution to E-mail - A Return to Post Its!

No 10’s sticky note plan to avoid awkward e-mails

January 26 2004

"DOWNING Street has come up with a strategy to curb embarrassing internal e-mails by replacing electronic messages with sticky notes. The method has already been adopted by the White House. Staff at No 10 are to be encouraged to leave messages for each other on Post-it style notes that can be torn up and destroyed without a trace. The move follows a barrage of highly embarrassing electronic mails, written by some of Tony Blair's closest aides, that came back to haunt the government after they were submitted to the Hutton inquiry into the death of Dr David Kelly. In one, Tom Kelly, the prime minister's spokesman, de-scribed a row with the BBC as "a game of chicken". He wrote: "This is now a game of chicken with the Beeb – the only way they will shift is (if) they see the screw tightening."" In another, Jonathan Powell, No 10 chief of staff, revealed doubts about the strength of the evidence in the government Iraq dossier."

Comment: To avoid electronic discovery of electronic evidence organizations are now returning to post it notes!

Electronic Evidence - Computer Organizer and Disk

Trial adjourns before it begins

"Lethbridge, Alta. — Dar Heatherington's trial on charges she fabricated being stalked was adjourned before it began Monday in a hearing that saw the defence accuse Ms. Heatherington's husband of being an unwitting “agent of the state.”

Ms. Heatherington, the Lethbridge alderwoman who drew headlines on both sides of the border when she mysteriously disappeared last spring during a visit to Great Falls, Mont., is on trial in provincial court on a charge of public mischief.

Lethbridge police allege she lied to them about being stalked by an unknown man.

She was charged after an eight-month police investigation that included the use of undercover agents and video surveillance.

Her husband, Dave Heatherington, turned over to police a computer disc and letters from his wife's personal electronic organizer, which contain evidence that is now being used against her."

Comment: Electronic discovery of wife's computer organizer and disk assisted in building the case against her.

Smart Card Illustration

DirecTV dragnet casting wide net
"The equipment in question includes so-called smart cards and other electronic devices used to reprogram the cards. The plastic card, which contains a computer chip, is similar to the access card that is inserted into receiver boxes to "unscramble" channels that DirecTV subscribers purchase"

Comment: Illustraion of the electronic evidence that is used to pirate TV signals.

Internet Exploitation Investigation Van

Van will help build cases against child molesters - 1/14/2004

"The number of online child exploitation cases has grown over the past few years from hundreds to thousands. Wednesday, donors handed the Children's Advocacy Center the keys to a new Internet Exploitation Investigation Van. . . One way is the new Internet Exploitation Investigation Van donated to the Children's Advocacy Center. The van is equipped to transport and preserve electronic evidence in child abuse cases.

"In the past, our officers were able to use a patrol car, but if anything dropped, if anything broke, if anything got compromised, then it might not be usable when the case actually went to court," Sandra Martin, with the Children's Advocacy Center, said.

With the van, investigators will be able to process computer systems as evidence right at the scene."

Comment: This type of electronic discovery and electronic evidence system will become commonplace in the fight against cybercrime.

Digital Prescriptions

UB, UR technologies place prescriptions on digital paper

"Illegible prescriptions scrawled on physicians' notepads could become a thing of the past, thanks to two complementary technologies developed at the University at Buffalo and the University of Rochester that together are being licensed by mobileLexis, a digital paper solutions company based in Salt Lake City. . . . .Digital paper, which is not yet on the market, looks and feels like its pulp-derived ancestor, but is endlessly reusable, recording, capturing and sending text that users write by hand, using a specially designed, electronic pen. . . . MDScript product, which will process prescriptions in real-time through the transmission of pen-stroke information to a computer or server. The Accuscript technology will translate the handwritten information into digital data and the AuthentImage technology then will secure it for transmission to the pharmacy or health-care insurance provider."

Comment: Another source of medical related electronic evidence.

Electronic Tracking of Cows

U.S. livestock tracking system may begin mid-2004

"U.S. farmers and ranchers will take the first step toward a nationwide animal tracking system in mid-2004, a program intended to swiftly pinpoint the history of livestock suspected of mad cow disease or other dangerous diseases, program developers said on Monday. . . The program would focus on beef and dairy cattle, hogs and sheep at first. Horses, fish, poultry, goats, camelids such as llamas, and cervids such as deer and elk, would come next.

'Electronic identification may be necessary for efficient and accurate data collection and animal tracking in some species or in particular animal movement scenarios,' the web site said.

Under the timeline written by developers, all cattle, swine and "small ruminants" being shipped between states would have an individual or group identification number by July 2005. By July 2006, all remaining species would have animal and farm IDs."

Online Traffic Cams

Washington, DC traffic video now on TrafficLand.com!

Ever need to know what the traffic or weather conditions are in Washington DC and surrounding area? Now just log into TrafficLand.com to view from anyone of 240 existing cameras.

Comment: Depending on length of storage of cam views, pictures may be relevant to traffic accidents, location of specific vehicles (if resolution is sufficient), etc.

Precluding Access to Company's Database

On Sept. 22, 2003 the 11th Circuit in In re Ford Motor Co., 345 F.3d 1315, 1317 (11th Cir.2003)reversed the lower court's decision allowing a motorist direct access to company's databases.

The court stated, "Furthermore, in its order, the district court granted Russell unlimited, direct access to Ford's databases. The district court established no protocols for the search. The court did not even designate search terms to restrict the search. Without constraints, the order grants Russell access to information that would not--and should not--otherwise be discoverable without Ford first having had an opportunity to object.

While some kind of direct access might be permissible in certain cases, this case has not been shown to be one of those cases. Russell is unentitled to this kind of discovery without--at the outset--a factual finding of some non-compliance with discovery rules by Ford. By granting the sweeping order in this case, especially without such a finding, the district court clearly abused its discretion."

Technology Powers Cruise Ship Passenger Information

Progress-Based System Powers World's Largest Luxury Liner Allowing Cunard's Queen Mary 2 to Cruise with Unmatched Convenience and Security (December 15, 2003).

"The Progress Company, an operating unit of Progress Software Corporation (Nasdaq: PRGS), and a leading supplier of technology for building the world's best business applications, today announced that Cunard Line's Queen Mary 2, the largest ocean liner ever built, will use Discovery Travel Systems' (DTS) Ship Partner(TM) software. Based on the Progress(R) OpenEdge(TM) platform, Ship Partner handles embarkation/disembarkation information capture and dissemination in accordance with federal regulations; a cashless billing environment with interfaces to a variety of point-of-sale systems, including bars, gift shops, an Internet cafe, arcades and minibars; integration with critical areas, such as crew and vessel safety and door locking mechanisms; and shipboard amenity systems, such as telephone, interactive TV and credit card approval systems. Queen Mary 2 will depart on its maiden voyage from Southampton, England, to Fort Lauderdale, Fla., on January 12, 2004."

Comment: Another location for the storage of electronic evidence.

Crash Recorder Data in Motor Vehicles

Amazing, but true - there is a "black box" in many makes of automobiles that records vital crash data useful in litigation.

In the article Crash Recorder Data in Motor Vehicle it notes, "The type of crash data available varies from vehicle to vehicle and with vintage. In general, crash data includes information about the severity of the collision and the behavior of the airbag and seatbelt system. Some airbag modules also record five seconds of preimpact speed, braking, throttle and engine RPM data."

Below are additional links to two technical papers (cost $12.00 each) that may also be of interest to you.

The Accuracy of Pre-Crash Speed Captured By Event Data Recorders.
The Accuracy and Sensitivity of Event Data Recorders in Low-Speed Collisions.

Another Article on car crash data
Onboard Crash Data Device Aids Reconstruction

Newspaper article on crash recorders dated 12-15-03 - You May Not Be Alone in Your Car