Available:*
Library | Item Barcode | Call Number | Material Type | Item Category 1 | Status |
|---|---|---|---|---|---|
Searching... | 30000010303559 | KF8902.E42 M38 2013 | Open Access Book | Book | Searching... |
On Order
Summary
Summary
Although we live in a world where we are surrounded in an ever-deepening fog of data, few understand how the data are created, where data are stored, or how to retrieve or destroy data. Accessible to readers at all levels of technical understanding, Electronically Stored Information: The Complete Guide to Management, Understanding, Acquisition, Storage, Search, and Retrievalcovers all aspects of electronic data and how it should be managed.
Using easy-to-understand language, the book explains: exactly what electronic information is, the different ways it can be stored, why we need to manage it from a legal and organizational perspective, who is likely to control it, and how it can and should be acquired to meet legal and managerial goals. Its reader-friendly format means you can read it cover to cover or use it as a reference where you can go straight to the information you need.
Complete with links and references to additional information, technical software solutions, helpful forms, and time-saving guides, it provides you with the tools to manage the increasingly complex world of electronic information that permeates every part of our world.
Author Notes
David Matthewsis Deputy Chief Information Security Officer (CISO) for the City of Seattle. He worked in the information technology (IT) field since 1992. He began working for the City of Seattle as the technology manager for the legislative department (city council) in 1998. In early 2005 he was selected to be the first Deputy CISO for the city. In his work for the city he developed and created an incident response plan that is compliant with the National Incident Management System (NIMS)/Incident Command System (ICS); updated and extensively rewrote the city's information security policy; and created and taught training courses on information security and forensics. He most recently created an IT primer for the city's law department as part of his collaboration with them on e-discovery issues.
He is a participant and leader in regional information security organizations. He is the public-sector co-chair of the U.S. Computer Emergency Readiness Team (US-CERT)/Department of Homeland Security (DHS) sponsored North West Alliance for Cyber Security (NWACS). With NWACS he has worked with the Pacific Northwest Economic Region (PNWER) nonprofit to sponsor information security training for Supervisory Control and Data Acquisition (SCADA) operators and managers; a risk management seminar; a regional cyber response exercise; four Blue Cascades disaster scenario exercises; and is the creator and editor of a portal website with local information security and forensics activities, a library of best practice documents, and links to information security and forensics websites.
Matthews is also an active participant in many local, national, and international information security, forensics, and e-discovery organizations. He is the chair of the local Critical Infrastructure Protection subcommittee of the Regional Homeland Security team, and also is a member of the American Bar Association's Science and Technology and Electronic Discovery committees. He published an article on active defense in the Information Systems Security Association (ISSA) journal and has presented at many emergency management and information security conferences. His most recent presentation on e-discovery called "New Issues In Electronic Evidence" has been presented to records managers and information technology and security audiences in corporations such as REI and Starbucks, was presented as a peer-to-peer session at RSA, and was given as a continuing legal education course for the U.S. Attorney's office in Seattle and the City of Seattle's law department.
He holds the titles of Certified Information Systems Security Professional (CISSP), Certified Information Security Manager (CISM), Digital Recovery Forensics Specialist (DRFS), and CyberSecurity Forensic Analyst (CSFA).
Matthews is a native of the Seattle area whose interests spread much further than IT or even information security. He is an avid reader, writer, hiker, biker, gardener, and a black belt in Shitoryu karate. He and his wife live with their three children north of Seattle.
Table of Contents
| What Is Electronic Information, and Why Should You Care? |
| Introduction |
| Electronically Stored Information (ESI) and the Federal Rules of Civil Procedure |
| Changes to the Federal Rules of Civil Procedure |
| Rule 16 (b)(5) and (6)--Pretrial Conferences |
| Scheduling Management |
| Rule 26-- |
| General Provisions Governing Discovery |
| Duty of Disclosure |
| Rule 37 Safe Harbor |
| Rule 34 (b) Producing Documents--Procedures |
| Rule 33 (d) Interrogatories to Parties |
| Rule 45 Subpoena |
| Form 35 |
| Federal Rules of Evidence |
| FRE 502 |
| FRE 901 |
| FRE 802 |
| Case Law Examples |
| Bass v. Miss Porter's School (D. Conn.10/27/09)--Defining Relevancy |
| Crispin v. Christian Audigier, Inc. (C.D. Cal. 2010)--Private Information |
| Romano v. Steelcase (N.Y. Sup. Ct. 2010)--Another Social Media Privacy Case |
| Spoliation Examples |
| KCH Servs., Inc. v. Vanaire, Inc. (W. D. Ky. 7/22/09)--Trigger to Reasonably Expect Litigation |
| Olson v. Sax (E. D. Wis. 6/25/10)--Safe Harbor Rule |
| Spieker v. Quest Cherokee, LLC (D. Kan. 7/21/09)--It Is the Practice |
| Valeo Electric Sys., Inc. v. Cleveland Die and Mfg. Co. (E.D. Mich.6/17/09)--Production of Evidence as Requested in Meet and Confer |
| Takeda Pharm. Co., Ltd. v. Teva Pharm. USA, Inc. (D. Del. 6/21/10)--Not Reasonably Accessible? |
| O'Neill v. the City of Shoreline (Wash. 9/27/10)--Metadata Are Data and Home Computers Are Evidence |
| Williams v. District of Columbia (D.D.C. 8/17/11)--When "Claw-Back" Rules Can Fail You |
| Pacific Coast Steel, Inc. v. Leany (D. Nev.9/30/11)--Losing Privilege |
| Kipperman v. Onex Corp. (N.D. GA. 5/27/10)--A Textbook Case |
| Pippins v. KPMG LLP (S.D.N.Y. 10/7/11)--How Much Data Do You Really Have to Keep |
| Chen v. Dougherty (W.D. WA. 7/7/09)--Attorney Gets a Slap for Incompetence |
| United Central Bank v. Kanan Fashions, Inc. (N.D. Ill. 9/21/11)--Spoliation Sanctions That Hurt the Party but Not Their Attorney |
| Pension Comm. of Univ. of Montreal Pension Plan v. Bank of Am. Secs., LLC (S.D.N.Y 1/15/10) |
| Holmes v. Petrovich Development Company, LLC (CA Court of Appeals, October, 2011)--Employee's E-mail Sent from Work Not Privileged |
| Lester v. Allied Concrete Company (Circuit Court VA, September, 2011)--Original Award Reduced Due to Withholding of Facebook Evidence |
| The Rulings of Judge Scheindlin--Zubulake, Pension, and National Day Labor |
| Other Federal Rules That Affect Electronic Data |
| The Problems with ESI as Discoverable Evidence |
| Why and How This Affects the Practice of Law |
| How This Affects Business Organizations |
| Effects on Government Entities |
| What This Might Mean to You as an Individual |
| Translating Geek: Information Technology versus Everyone Else |
| Introduction |
| The Role of Information Technology |
| The Information Technologist's Perspective |
| Information Technology as an Ally |
| Translating Geek |
| Where is Electronically Stored Information? It's Everywhere! |
| Introduction |
| The Basics |
| Database Systems |
| E-Mail Systems |
| File and Print Servers |
| Instant Messaging Services |
| Mobile Devices |
| Physical Access Records |
| Telecommunications |
| Cellular Devices |
| Digital Video |
| Internet or Online Data |
| Storage Media |
| Desktop Computer Facts |
| Metadata and Other Nonapparent Data |
| Conclusion |
| Who's in Charge Here? Allies, Owners, and Stakeholders |
| Introduction |
| The (Long) List of Stakeholders |
| Information Technology Professionals |
| Legal Staff |
| Records Managers |
| Auditors |
| Department Heads, Vice Presidents, and Executives |
| Physical and Information Security Personnel |
| Ownership of Data |
| Data Control Considerations |
| Required Skill Sets and Tools |
| The Hunt: Recovery and Acquisition |
| Introduction |
| Where Oh Where Has My Data Gone? |
| Applications as a Vital User Interface |
| Hidden or Restricted Access Data |
| Encrypted Data |
| Deleted or Corrupted Data |
| Proprietary Data or Data Stored on Obsolete Media |
| Privileged, Sensitive, and Inaccessible Data Management |
| Proving Ownership and Integrity |
| Marking Time--How Time Is Recorded and Ensuring Integrity |
| Legal and Forensically Sound Acquisition |
| Keeping Your Treasures: Preservation and Management |
| Introduction |
| Securing the Data |
| Access Control and Management |
| Organization and File Management Techniques |
| Day-to-Day Organization |
| Management of Data over Time |
| Response to Litigation or Audits |
| Safe Storage Issues and Considerations |
| Litigation Hold |
| Spoliation--The Loss of Relevant Data |
| Automated Technical Solutions |
| Sharing Is Good: Dissemination and Reporting |
| Introduction |
| Format Issues--Original or Usable? |
| Mediums for Transfer |
| Creating Readable Reports |
| Tips for Depositions and Expert Witness |
| Conclusion |
| Glossary |
| Appendix A Links and References for More Information |
| Appendix B Forms and Guides |
| Index |
