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Navigating the Tricky Terrain of Remote and Self-Collections

By Gavin W. Manes and Tom O'Connor
July 27, 2012

Although predictive coding has been the most prominent buzzword in e-discovery circles this year, remote collection of Electronically Stored Information (ESI) remains a hot topic. Like self-collection of data, with which remote collection is often associated, remote collections have been viewed by IT staff as a way to save time and money. But legal professionals remain skeptical. Remote and/or self-collections can be dangerous to the integrity of the data and the case if not handled properly. e-Discovery experts are justifiably suspicious of their validity, especially if a lawyer has not been involved in overseeing the process. In many cases, remote collection is likely to be indefensible in court, unless certain guidelines are followed throughout the process.

What is Collection?

To define ESI collection, let's first look at the standard forensic collection process. A forensically sound data acquisition is conducted in a controlled environment by an experienced forensics practitioner. This process is not invasive to the original data and does not change any data before, during or after the data acquisition process. For instance, in a complete forensics copy of a hard drive, all information is copied in a bit-for-bit process, including deleted files, unallocated disk space, slack space and partition waste space.

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