Chain-of-Custody... Or Chain-Saw?
"Exploring the issues surrounding chain of custody for electronic evidence may sound like a great cure for insomnia... But a string of recent judicial sanctions over chain of custody for electronic evidence has made the dry issue a hot topic: One that can make or break your case." In other words, unless you can prove chain-of-custody and data integrity for any electronic documents that your lawyers are trying to submit into evidence, you're going to find yourself up a legal creek without a paddle. That's what Christy Burke writes in this month's Law.com Legal Technology column. "...in the next two to four years, most or all states will be creating legislation with real teeth when it comes to keeping scrupulous security measures to secure digital evidence and ensure a proper chain of custody."
posted by Kurt Stammberger at
4:29 PM
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The role (or impact) of Information Security in the e-Discovery process seems to be a very unknown at this time. When I speak to CISOs about their role in e-Discovery their response ranges from “what,” “nothing at all” to “I do not even know who is my GC/LC.” That is, there seems to be no bridge between Legal and Security or understanding of how one can help (or hinder) the other.
Your article was helpful in identifying some of the roles of security during the discovery process. However, I would make the assertion that security considerations and measure should start way ahead of the notice of litigation. For example, at time of creation, time of corporate record declaration, and time of contract execution. In fact, no matter how secure you make a record from the time it is identified in the e-Discovery process, if falsification or manipulation occurred before this point you have just secured an unauthentic record giving it the “appearance” of integrity.
Necessary but insufficient!
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