Data Integrity Whitepapers
At ProofSpace, we're continually developing original and innovative authentication and timestamping solutions. Here you’ll find a variety of whitepapers that’ll let you dig deeper into the technologies, markets and regulatory arenas in which we work.
ProofMark Technical Overview
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The ProofSpace technology is designed to verify to a high degree of trustworthiness the “time existence of data.” To accomplish this, it employs a patented transient key technology to irrefutably link a given set of data (a digital file, for example) to a given interval of time. The linkage is embodied in a ProofMark, which is a certificate containing multiple cryptographic mechanisms that attest to the existence of the original data within the stated time interval.
ProofMark System Concepts, Architecture, and Planning Guide
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This document, the ProofMark System Concepts, Architecture, and Planning Guide, provides you with a broad technical overview of the ProofMark system. You should read this guide if you are involved in the implementation of a ProofMark system from a technical perspective.
To Hash or not to Hash
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ProofSpace technology wonk Jacques Francouer writes "There has been extensive discussion and use precedent in the legal and security fields around hashing, its use and its value--real and perceived. Even though its robustness and usefulness are incontrovertible in the security world, hashing's perceived value in the legal field (for the purpose of establishing the authenticity of Electronically Stored Information) could benefit from some clarification. For a hash to be secure and useful for legal applications, there must be some additional mechanism to protect and preserve the unique association between the data that is hashed, a trusted time datum, and the original hash result."
Data Authenticity - The NEXT E-Discovery Challenge
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Up until now, most of eDiscovery has been basic "blocking & tackling". That meant a lot of cataloging and indexing of data, records retention work, legal holds, destruction policy establishment, and deploying “vaulting” technologies. But the future costs and benefits of eDiscovery will likely pivot on something much different: how you handle authenticity challenges used as a negotiating tactic in a lawsuit.
ProofSpace Announces E-Discovery Framework
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The worlds of Information Security and e-Discovery are coming together in a structured framework to encourage discussion among legal, security and records management professionals. ProofSpace introduces the Information Security e-Discovery Framework (ISEF), a unique framework for discussing the specific role of information security before, during and after e-Discovery. The objective--bridge the gap between legal and security stakeholders. The result--a more effective response and successful outcome to an e-Discovery process. Soon a discussion white paper will be released, explaining how the ISEF was created and how it can be used. This release will also initiate a comment and review period on the ISEF.
Electronic Signature Assurance and the Digital Chain of Evidence
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This white paper defines the life cycle of an electronically signed record and describes the equivalence requirements throughout its retention period. A risk management framework is presented that defines a generic Digital Chain of Evidence that guides the architectural choices available in deploying an electronic signature solution.
The Digital Signature Paradox (June 2007)
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Paradox is a term often associated with Hollywood's fanciful time travel; however in the real world a time paradox does in fact exist. The system clock is the immediate source of time for any computer; and is the sole source for a time stamp determining when a document was created, modified and printed; or more interestingly when a digital signature was generated.
e-Life Sciences 2010 - Enabling a Trusted Electronic Value Chain (June 2003)
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The Life Sciences’ industry is undergoing fundamental changes as a result of the advent of genomics and proteomics. Combined with the current market and regulatory conditions, Life Sciences Organizations (LSOs) find themselves under an unprecedented set of industry, market, regulatory and competitive pressures.
Morgan Stanley Brief: Security Industry (March 2007)
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Security is finally starting to get it – the reluctance to target data-centric solutions has been shaken with obvious needs highlighted by unrelenting data loss. But as has been the case throughout the industry’s history, private companies are leading the charge and public companies are rapidly (if not rabidly) consuming these more appealing solutions.
Admissible? Not necessarily. (July 2007)
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Recent rulings are changing the way companies archive—and the way lawyers conduct e-discovery. Until recently, electronic records were treated much like their paper counterparts, at least in terms of their admissibility as evidence in a court of law. But this seems to be changing—and quickly.
The Authenticity Crisis in Real Evidence (Law Practice Today, March 2006)
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The digitization of information marks a “societal sea change.” Now, more purely stored and easily manipulated information is pervasive in our society’s informational records. All these records -- used to document communications, transactions and the appearance of reality – must be capable of “authenticity testing.” Otherwise, Tribunals will be unable to provide their most basic function.
Lorraine v Markel Legal Opinion (May 2007)
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“...counsel would be wise not to test their luck unnecessarily. If it is critical to the success of your case to admit into evidence computer stored records, it would be prudent to plan to authenticate the record by the most rigorous standard that may be applied.”
The Principles of Electronic Agreement Legal Admissibility (September 2006)
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There are five principles that contribute directly to the legal admissibility of an electronic agreement: the reliability of an electronic signature, the reliability of the act of signing, the state of mind of the individual at the time of signature, the requirement to capture and retain material information in a way that can be verified, and finally the need to for an agreement process with reliability commensurate with the legal significance of the act and the risk of the transaction.
Spoliation of Digital Evidence (October 2007)
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Because spoliation (tampering) of digital evidence is so hard to detect, and new antiforensic measures can conceivably *permanently* prevent detection of wrongdoing, any party alleging spoliation will likely be accused by opposing counsel of engaging in speculation unsupported by facts. Moreover, pleas will be made to the court to take no action, absent something approaching clear evidence of wrongdoing. The problem with this approach is that it fails to take into account that a well-executed digital evidence spoliation scheme will, in all likelihood, never be discovered absent a confession similar to that given in Odom v. Microsoft et al. In a litigation environment where digital evidence may well be the *only* evidence, the courts need to initiate additional and intensive inquiry into both control and custody of computer-generated information.
Digital Doctoring: How to tell the real from the fake (July 2007)
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We are living in a world where seeing is no longer believing – the technology that allows for digital media to be manipulated and distorted is developing at break-neck speeds. And at the same time our understanding of the technological, ethical, and legal implications is lagging behind.
How Online Criminals Make Themselves Tough to Find, Near Impossible to Nab (CIO Magazine, May 2007)
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Welcome to the world of antiforensics. It’s more than technology. It is an approach to criminal hacking that can be summed up like this: Make it hard for them to find you and impossible for them to prove they found you.
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