New Authority for Implementing Technology in Discovery
By Richard Best, Commissioner, San Francisco Superior Court

The challenge to the bench and bar is to use technology to achieve cost effective discovery and litigation. In January, California lawyers and judges were given new statutory powers to realize that objective. Those who fully exploit these powers can realize the financial and other benefits of technology and electronic discovery. In addition, they may revolutionize the practice in their cases, aid their colleagues by sharing their experiences, and provide the basis for wider application of such techniques and the development of rules of court for their implementation.    >>> read more ...

How Do you Find the "Digital Smoking Gun?"
By Erik Laykin

When a user deletes a file, the operating system only deletes the first letter of the file name from the file allocation table, and reports the sectors containing the "deleted" data as "empty," or available for the storage of new data. However, the old data remains unchanged and "intact" until new data is stored in the specific sector and cluster containing the "residual" data. It is during this process of 'overwriting' new data into the sectors containing the old data that the residual data is truly deleted. However, since data is randomly stored into the millions of potentially available sectors, it is unusual for all sectors containing a file to be overwritten with new data. This provides the opportunity for portions of deleted files to be recovered from "unallocated" clusters long after the user has deleted the file from the computer.
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Write Code Go to Jail: an in depth look at the Digital Millennium Copyright Act
By Bill Reilly

So what is the DMCA and how can it apply to non-US companies? The DMCA is a highly controversial law passed by Congress and signed by President Clinton in 1998. While some parts of the DMCA cleared up some contentious issues, like ISP liability for content posted by third parties, other parts of the Act, most notably 17 USC Section 1201, have created a storm of controversy for its breadth and severity. Section 1201 is titled "Violations Regarding Circumvention of Technological Measures" and it states that "no person shall circumvent a technological measure that effectively controls access to a work protected under this title."    >>> read more ...

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