E-discovery is playing a crucial part in legal systems around the world. We take a look at its role when dealing with modern day telecommunications and the legal implications.
In all legal cases whether they are civil or criminal there is a stage at the beginning that is called discovery. This is where all of the information is gathered and looked at to check that it is relevant and can be used in court. E-discovery does exactly this and it uses information gathered from electronic devices that we use on a daily basis. Telecommunications is a top priority on their list because this is where a lot of crucial evidence is gathered as people tend to communicate with each other openly as they feel it is private.
There is also a lot of legislation surrounding E-discovery when searching for data that is held on mobile devices that have been communicated and also includes taking evidence such as e-mails. Most countries will have a data protection act which prohibits illegal gathering of this type of evidence. What an E-discovery team must do is prove that there is going to be relevant evidence stored on these mediums and get a court subpoena which will allow them to extract the data.
An E-discovery team must have specific skills members of the staff who can legally get data from different devices and companies and present them to a court. Even if e-mails have been deleted there is a strong chance that a company such as Microsoft, Yahoo, or anyone else has kept a record of those conversations for a certain period of time. If caught quickly enough then the information can be found and used in court.
E-discovery is also focusing on social networking sites as a lot of criminals tend to communicate through these and crucial evidence is kept on here. A company like Facebook does not really delete any profile or user information and a lot of their messaging is stored for good, meaning that it is a good source of evidence for E-discovery.
As you can see e-discovery is simply not just looking at files on hard drives. They go to in-depth lengths to gather evidence relating to a court case and are a crucial part of many legal cases that are happening today.