Digital White Papers

LITIGATION AND PRACTICE SUPPORT 30 WWW.ILTANET.ORG | ILTA WHITE PAPER Live preservation, whether done in person or remotely, leaves a digital footprint that could raise questions of defensibility. teams during identification and collection. Information stored in the cloud is discoverable, but many cloud services store and maintain data in unusual formats or locations, which can complicate data collection. Data archived to the cloud also could be missing vital metadata, as the information must be accessed and downloaded from the cloud during collection. Most corporate entities are unaware of the potential collection complications that can stem from new technologies, meaning legal teams and investigators are le to determine how data from devices such as smartphones or tablets are stored and handled. Is the information only stored on the device, or is it also contained in the cloud? Who has access to the data? What is the process for accessing data? These are only a few of the questions legal teams must determine before they collect and analyze data. Adding complexity to the collection equation, the methods of securing data are nuanced and numerous. Data protection methods such as encryption protocols raise additional hurdles during collection. For example, while smartphones have undoubtedly simplified life, they create a sprawling galaxy of complex collection issues. As implied by the rising tensions to create a "back door" to mobile device encryption systems, the safeguards that protect smartphone data –– PINs, swipe or paern codes, and encryption –– can make access to the device's data impossible for forensic investigators or litigation teams. In addition, there is lile standardization in the layout of data across mobile phone manufacturers, and mobile device operating systems are continuously evolving; both factors present data collection complications. Since phone systems physically change from version to version, collection technology is always one step behind, and "old" soware does not work immediately on the newest models. Embracing New Paradigms The plethora of unique data sources and vexing accessibility to them affect legal and IT professionals charged with collecting data in investigations or litigation. It is harder to ensure that the right data are collected and that the approach being utilized will be defensible. Digital evidence is easily altered, and its integrity must be preserved to avoid spoliation. As a result, legal teams must take a more nuanced approach to their methods of collection. Consider all potential sources to ensure compliance with preservation and collection obligations. An investigation today would be woefully incomplete if the legal team looked only at file shares and email instead of considering all possible data locations –– email, instant messaging platforms, social media, smartphones, tablets, etc. –– and knowing the best practices for each system. This includes understanding: » How the technology works » How users interact with the technology » How and where user data are stored » What type of data are available » What tools and techniques exist for geing access to the maximum amount of data The methods used will vary from collection to collection. For example, email and social media platforms and cloud servers have unique aspects to their builds that must be addressed during collection, whether it be a social media platform's continuously changing code or an email platform's unfamiliar file format. Data Collection: Embracing New Technology and Abandoning Old Paradigms

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