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Ride the Lightning: Electronic Evidence

An electronic evidence and computer forensics blog by noted author, lecturer and consultant Sharon Nelson.

Post Frequency: 1.7/day

Last Entry: November 04, 2020 at 10:00:00

KPMG and Harris Survey: Half of In-house Lawyers Doubt E-Discovery Readiness

Posted on November 24, 2009
Computer Weekly reported yesterday on the disheartening results of a KPMG Forensics and Harris Interactive Survey of 200 global companies in which half of the in-house counsel respondents expressed doubt about their legal department's ability to find data...

Keep Track of Ever-Changing State E-Discovery Laws and Rules

Posted on November 19, 2009
Keeping up with changes in state e-discovery laws and rules is a royal pain. One of the best resources available is provided for free by Applied Discovery. A brief description of each state?s status is included along with direct links...

Computer forensics and virtualization

Posted on November 17, 2009
In response to a query I posted last week about computer forensics and virtualization, Clay Calvert of Metrostar Systems was kind enough to write. The procedure he outlines below is essentially what we do at Sensei: ?I?ve had to test...

Cloud Computing Security

Posted on November 16, 2009
In response to last week's post about cloud computing, I received the following guest post from Heather Axworthy, who is a self-described "Network Security Diva" (alas, I fear my diva days are over) and who has an aptly-titled blog called...

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The Future of Search in EDD Rocked the House

Posted on November 11, 2009
When I first saw that Jason Baron, a man of boundless energy and rapid-fire humor, was putting together a full day on the future of search in e-discovery, I wondered if he could pull it off. A whole day? I...

Cloud Computing, Virtualization and Computer Forensics

Posted on November 10, 2009
The world of computer forensics has never been a stable one. Few worlds morph as fast as ours. There has been much discussion recently about the impact of cloud computing and virtualization on computer forensics. I have, dare I say...

Seventh Circuit's Electronic Discovery Pilot Program

Posted on November 04, 2009
While watching the Sedona Conference webinar on the Cooperation Proclamation today, it struck me that I had never talked in Ride the Lightning about the Seventh Circuit's Electronic Discovery Pilot Program. This program, whose first phase is October 1, 2009-May...

PORN SURFING RAMPANT AT NATIONAL SCIENCE FOUNDATION

Posted on September 29, 2009
According to a report in The Washington Times, employee misconduct investigations, often involving porn surfing, have overwhelmed the National Science Foundation (NSF). The problems are reportedly so extensive that they have caused the agency's inspector general to cut back on...

WHAT MAKES A DRUG RAID A BLAST? WII BOWLING! STRIKE!

Posted on September 25, 2009
I talked earlier this week about how video evidence was becoming more and more prominent as a form of electronic evidence. Just to prove my point, we now have video evidence that police officers from three jurisdictions in Polk County,...

WHO'S BEEN VIEWING YOUR GMAIL?

Posted on September 23, 2009
Thanks to my colleague and friend Laura Calloway for this guest post: There's been a lot of buzz lately about G-mail flaws and hacks. If you're curious about whether someone has been able to gain access to your account without...

COMPUTERIZED SWIPE CARDS LEAD TO ACCUSED YALE MURDERER

Posted on September 21, 2009
The tragic death of Yale graduate student Annie Le, just before her wedding day, caught the attention of the nation. Now it appears that investigators had a bead on her possible murderer from the very beginning. Bloomberg reported that the...

FACEBOOK-ADDICTED THIEF LEAVES HIS IDENTITY BEHIND

Posted on September 18, 2009
As I say constantly, you can't make this stuff up. The world of electronic evidence can be wickedly funny. Case in point: Pennsylvania resident Jonathan Parker (19) burglarized a home in Martinsburg, W.V. nabbing a couple of diamond rings in...

NEW YORK TIMES DUPED BY HACKERS

Posted on September 16, 2009
The New York Times is wiping egg off its venerable face after being duped by hackers over the weekend. Readers of the online newspaper were assaulted by the classic pop-up ad advising them that their computers were infected and offering...

GUEST POST FROM THE MAC LAWYER ON IPHONE INSECURITY

Posted on September 14, 2009
Thanks to our friend and colleague Ben Stevens for putting up a post today on The Mac Lawyer blog in response to John's previous post on Ride the Lightning about the insecurity of the iPhone. I've reprinted Ben's post below...

CELL PHONE SPYWARE: A READER ASKS "CAN THEY REALLY DO THAT?"

Posted on September 10, 2009
Unfortunately, yes. Cell phone spyware can use satellites to constantly transmit your physical location to the person who is spying on you. It can transmit every e-mail and text message you type. It will allow the person who is spying...

REFLECTIONS ON THE 2009 SOCHA-GELBMANN E-DISCOVERY SURVEY

Posted on September 08, 2009
The Labor Day weeked provided some reading time and I finally caught up with the summary of the 2009 Socha-Gelbmann e-discovery survey in Law Technology News (the full survey costs $5000, which is half the cost of one of our...

THE EDD GOLD RUSH IS OVER

Posted on September 03, 2009
?Greed is good.? No one could intone those words with the sincerity of Michael Douglas playing ?Gordon Gekko? in the movie Wall Street. Indeed, Wall Street continues to operate on that premise with distressing results for all of us. But...

NEW JERSEY MUDDIES THE WATERS: CAN EMPLOYERS READ EMPLOYEE'S E-MAIL?

Posted on September 02, 2009
Just when you think you know the law, the landscape changes again. On July 10th, a New Jersey appellate court issued what many commentators regard as a rogue decision in Stengart v. Loving Care Agency, Inc., which may be downloaded...

A PODCAST TO CALENDAR: GRIMM AND ALLMAN ON RULE 502

Posted on August 31, 2009
On Friday, September 4th, my friends at ESIBytes will be recording a special podcast on Rule 502 with Federal Magistrate Judge Paul Grimm of Maryland and Tom Allman, a well known national e-discovery expert who is very active in The...

9TH CIRCUIT TAKES A HATCHET TO "PLAIN VIEW" IN GOVERNMENT ESI SEIZURES

Posted on August 28, 2009
Some decisions just make you want to waive pom-poms and cheer. This is one of them. In the August 26th decision in U.S. v. Comprehensive Drug Testing, Inc.,a search warrant had been granted in a federal investigation into steroid use...

AIR FORCE ONE PHOTO ALTERATION: RACISM ON DISPLAY

Posted on August 25, 2009
We lecture frequently on the alteration and fabrication of electronic evidence. Alteration of photos is quite common, and often done for humorous or satiric effect. But a recent case of photo alteration put racism on display. Someone had altered a...

CLOUD COMPUTING FOR LAW FIRMS? THINK IT THROUGH

Posted on August 24, 2009
Sam Glover recently published on Lawyerist a post answering the question, "Can you trust Google Apps (and other SaaS)? If you read the post, in which Sam says that he uses Google Apps and isn't worried about security, privacy or...

NUIX: THE NEW COOL KID ON THE BLOCK IN OUR E-DISCOVERY TOOLKIT

Posted on August 21, 2009
John found a new EDD product that he really likes, so here's his guest post: "I just love running across something that it spot on. Yesterday, we met with Morgan Sheehy of Nuix. They have a product that appears to...

HOW TO SCREW UP YOUR OWN CASE: TEXT A TESTIFYING WITNESS

Posted on August 17, 2009
On August 11th, Miami-Dade Circuit Judge Scott Silverman, after earlier declaring a mistrial, dismissed with prejudice a civil fraud lawsuit involving the sale of a condo tower. What made this decision interesting is his reason: a boss sent text messages...

DO YOU NEED TO CAT-PROOF YOUR COMPUTER?

Posted on August 13, 2009
Obviously, my recent post about the cat who allegedly downloaded child porn caught fire out there. Because this thread has made me laugh too, let's take one more comment, from friend and litigator Dave Ries from Pittsburgh. Dave managed to...

COMMENT RE: THE CAT DOWNLOADED THE CHILD PORN POST

Posted on August 12, 2009
Re: Monday's post about the porn-downloading cat . . . . thanks Steve! And best to Adrian, who John and I interviewed last year for an ABA article about e-discovery in the U.K. Dear Mrs. Nelson, One of your blog...

NORTH CAROLINA EXEMPTS COMPUTER FORENSICS EXPERTS FROM PI LICENSING

Posted on August 11, 2009
I'm going to salute North Carolina tonight by eating some Carolina-style barbecue. On July 24th, the Governor signed into law a bill which will, effective October 1, 2009, exempt anyone engaged in computer forensics or computer/network security from the private...

MAN BLAMES CAT FOR DOWNLOADING CHILD PORN: WHO COULD MAKE THIS STUFF UP?

Posted on August 10, 2009
Ok, the Defendant lives in Florida, so maybe he just had too much sun . . . The Sun Sentinal reported that Keith Griffin explained to detectives that the 1000 or so child porn images found on his computer were...

CATCHING BAD GUYS WITH THEIR OWN CHILD PORN

Posted on August 07, 2009
Law enforcement in Germany hit upon a very effective way of catching child predators. Having in their possession videos of a man molesting young children, sometimes violently, they decided to release photos from the videos, clearly showing the man and...

EMPLOYERS MAY VIDEO EMPLOYEES UNDER NARROW CIRCUMSTANCES

Posted on August 05, 2009
The Califonia Supreme Court issued an interesting opinion on August 3rd in Hernandez v. Hillsides, Inc. The ruling takes a sensible, practical approach, finding that employees have a reasonable expectation of privacy at work, but that hidden video surveillance may...

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