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Geotracking and e-Discovery

By Neal Lawson and Trent Livingston
February 01, 2012

Do you consider yourself stealth-like? Hard to predict? An international person of mystery? Many of us would like to believe we are not creatures of habit, and that we can avoid the prying eyes of the world. However, technology is making our moves more apparent to those around us. Today's technology business is all about gathering information about the end-user. What are your habits? What things do you like? What places do you frequent?

At this very moment, someone is “checking in” on Facebook, telling all her friends where to find her. Someone else is using his iPhone as a GPS to navigate to an unknown location, perhaps leveraging Google maps, which now exposes specific office, store or restroom locations inside of buildings (see, www.wired.com/gadgetlab/tag/indoor-mapping). All of this geotracking information is being stored ' in an easily accessible format, no less ' and is available long after it disappears from a user's screen. This article explores the ways in which geotracking data can be created, potential issues associated with this information, and how it might all relate to e-discovery, including how long the information is stored, whether it is discoverable and how or whether it can be used in a case.

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