The quarterly publication of the International Legal Technology Association
Issue link: https://epubs.iltanet.org/i/1136335
P E E R T O P E E R : I L T A ' S Q U A R T E R L Y M A G A Z I N E | S U M M E R 2 0 1 9 43 3 . I N S TA N T M E S S A G I N G F I L E S The forensic preservation and collection of IM files (personal and employer-approved) can be quite challenging given the number of options (software, websites, and hardware) with which an individual can communicate. Given this reality, documenting a custodian's IM activity is paramount – IM sources, applications used, and his or her user information are all valuable information to have for this task. Secondly, be sure to preserve the user folder as well as the chat files. Lastly, it is also important that the examiner make a forensic copy of the IM application and files (if that computer has not been completely imaged) before reviewing these files. 4 . E P H E M E R A L A N D T I M E - L I M I T E D D ATA Given the variety and growing volume of communication platforms for conducting business, there are a few valuable information sources that pose challenges. These need to be considered during the forensic examination process. The most common sources include email, text and instant messaging apps, and cell phones, and the basis for the challenges most often evolve from the short lifespan the file types have. Hence, the planning process must include the identification, preservation, and collection of these devices as early in the project as is possible to gather the most recent (and often relevant) conversations that they include. When dealing with mobile devices, it's also important to quickly capture any cloud- based data whose access is authenticated through on-device apps may be time-limited, such as Facebook, Twitter and Instagram, as well new types of "ephemeral data" that disappears after a specified time limit, such as Google's Gmail Confidential Mode, Snapchat, Confide, Wick and Telegram. Conclusion The encouraging news is that regardless of what types of business data are targeted for collection, these forensic examination basics still apply. While in the foreseeable future some new, more ephemeral form of communication will become a business norm, adhering to the principles outlined above will serve as a reasonable guiding post for getting the job done. ILTA Welcome to the Summer edition the ILTA podcast "What Went Wrong". Often, we hear that the mistakes are what make us learn the most; during this podcast series we will find out what should have happened, what actually happened, and then dive into lessons learned. Knowing that hard work often breeds success, we want to know how a "What Went Wrong" moment changed the course of a career, an idea, or a life. Today, ILTA welcomes Ben Wynne-Simmons as he sits down with Beth Anne Stuebe, Senior Content Manager. Ben is the Head of Growth at Fliplet and has previously held positions as Head of Investments at Coral Reef and Investment Director at 3i and Barclays Private Equity. Ben is an ILTACON attendee and innovator and is here today to talk about changing technology, innovation, and his Summer Peer to Peer article "Lessons from Failed Innovation Projects." L I S T E N T O P O D C A S T AT I L TA N E T. O R G / S U M M E R - 2 0 1 9 E P I S O D E 3 : L E S S O N S F R O M F A I L E D I N N O VAT I O N P R O J E C T S