By Jake Frazier, MBA, Esq.

“Forensics’’ is a term that is thrown around in e-discovery on a daily basis, by those with a firm grasp on the issues and by others as well.

Terms like ‘‘forensic copy’’ and ‘‘forensically sound’’ populate almost every one of the hundreds of company brochures offering ‘‘end-to-end’’ e-discovery services and tools. However, as diluted as this terminology has become, the necessity for thorough, verifiable, and repeatable methods to collect electronically stored information (ESI) is not in question.

So how then can I suggest that we are entering a ‘‘post-forensic’’ era? The issue turns more on the necessity for a ‘‘forensic copy’’ of a piece of media, and not the use of forensically sound methods for collecting evidence. Thus, put correctly, the question becomes: ‘‘Are we entering a post ‘forensic copy’ era?’’

Guidance from Sedona. In all issues relating to e-discovery, it is best to first consult The Sedona Conference, whose contribution to this difficult intersection of law and technology cannot be overstated. In The Sedona Conference Glossary For E-Discovery & Digital Information Management, the definition of ‘‘forensics’’ is as follows:

Forensics: The scientific examination and analysis of data held on, or retrieved from, ESI in such a way that the information can be used as evidence in a court of law. It may include the secure collection of computer data; the examination of suspect data to determine details such as origin and content; the presentation of computer based information to courts of law; and the application of a country’s laws to computer practice. Forensics may involve recreating ‘‘deleted’’ or missing files from hard drives, validating dates and logged in authors/editors of documents, and certifying key elements of documents and/or hardware for legal purposes.

More context is gained from this definition when it is juxtaposed next to the entry in the same glossary for ‘‘Forensic Copy.’’

Read Jake’s full article Are We Entering the Post-Forensic Era?

Also See Jake’s eBook: “Bring eDiscovery In-House for Dummies“