|
Electronic discovery (also called
e-discovery or eDiscovery) refers to any process in
which electronic data is sought, located, secured, and
searched with the intent of using it as evidence in
a civil or criminal legal case. E-discovery can be carried
out on a particular computer or it can be done in a
network of computers. Electronic discovery also expands
to include digitally stored voicemail, and information
contained on personal digital assistants (PDAs) such
as Blackberry devices and Palm Trios. Court-ordered
or government sanctioned forensic extraction of electronic
information for the purpose of obtaining critical evidence
is also a type of e-discovery.
The nature of digital data makes it extremely well-suited
to investigation. Digital data can be electronically
searched with ease, whereas paper documents must be
scrutinized manually. In the process of electronic discovery,
data of all types can serve as evidence. This can include
text, images, calendar files, databases, spreadsheets,
audio files, animation, Web sites, and computer programs.
Electronic mail (e-mail) can be an especially valuable
source of evidence in civil or criminal litigation,
because people are often less careful in these exchanges
than in hard copy correspondence such as written memos
and postal letters.
The volume of corporate information
created and stored electronically has increased dramatically
in recent years. From 1995 to 2005 the estimated magnitude
of electronic documents has increased by a staggering
rate as illustrated in the following chart:

When an organization becomes
a party in a lawsuit, often the opposing party seeks
access to this Electronically Stored Information. Standard
discovery procedures allow a party to request all relevant
materials from an opposing party. This includes the
discovery of Electronically Stored Information, or e-Discovery.
|