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Decoding Encrypted Documents in Cross-Border e-Discovery

By Robert Wickstrom
January 31, 2014

On the battlefields of ancient Rome, Julius Caesar used a cipher that changed the order of the letters of the alphabet to secure messages he sent to his infantry leaders. Caesar shifted the letters in his messages by three, such that the letter A would become D, safely encoding them from his mostly illiterate foes. Any messages the enemy intercepted were likely presumed to be written in a strange foreign language.

Since this first reported use of cryptography in 50 B.C., encryption techniques have become far more sophisticated and prevalent. Therefore, it is likely that any data you collect in discovery will contain files ' if not entire computers, hard drives or mobile devices ' that are encrypted, encoded or password-protected. And given the global nature of business, it is even more likely that some of these encrypted documents will be written in foreign languages, which adds another layer of complexity to document processing and review.

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