Issue link: https://epubs.iltanet.org/i/50188
THE EVOLUTION OF DIGITAL FORENSICS IN LITIGATION SUPPORT Concerns about the cloud arise when thinking about reliability, data protection and preventing unauthorized access. The data is stored elsewhere — the inaccessibility hinders crime scene reconstruction, prevents creation of a sequence of events and timelines, and loses artifacts like registry entries, temporary files, memory and metadata. And when discussing technology and the law, the human factor must be taken into consideration. Explaining evidence obtained from or by this new and complex cloud technology to a jury could prove futile, when the jurists might not understand basic technology about their own PCs. Furthermore, the law itself still needs to catch up to what is and is not admissible in this and all new technologies, tools, devices and applications. WHO WILL BE THE NEW "EXPERTS" IN LITIGATION SUPPORT? The e-discovery market grew 10 percent from 2008 to 2009, and — in these tough economic times — this trend might indicate that law firms are saving money by using e-discovery services. Data deluge makes getting through so much material difficult, yet seeking small amounts of data from disparate and uncontrollable environments proves just as troublesome. There was a time when an attorney performed more general services in a variety of types of law, and an era when the "computer guy" knew how to build, run and fix computers and create programs. Now law practices and their lawyers specialize in any of dozens of fields, and there are as many types of IT specialists as there are brands of software, types of computers and applications for smartphones. The mutation of lawyers into IT specialists and IT experts into attorneys has begun, and these often divergent skillsets form a highly effective part of the litigation support team. Rather than try to cover all bases in-house, outsourcing these specializations is becoming a more appealing, viable and realistic solution. While many larger law firms are now doing e-discovery in-house, subcontracting services from independent data discovery firms is more commonly recommended. Smaller firms might not even be familiar with how to best utilize this type of e-discovery, and therefore will not pursue it. Although not cost-effective in all cases ( , where the quantity of data to search is enormous), the right digital evidence could make or break a case. The e-discovery specialists can often advise when the effort will yield the best evidentiary fruit. It's likely that one person will not be able to cover the breadth of fields required to be a true digital forensics "expert" in litigation support. Moreover, these undefined and under-defined roles imply a need for more standardization for professionals, as currently exists in other professional services such as accounting. The Certified Fraud Examiner (CFE) designation, a credential awarded by the Association of Certified Fraud Examiners (ACFE), has helped define expectations. With a possible focus on accounting, auditing, criminology, sociology, fraud investigation, loss prevention and law related to fraud, a one-size-fits-all hire will not be the norm. The opportunities to work in the digital forensics field as part of litigation support have never been more bountiful, intriguing and open to interpretation. Just like digital datasets themselves. ILTA www.iltanet.org Tech Potpourri 37 e.g.