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Ride the Lightning: Electronic Evidence

An electronic evidence and computer forensics blog by noted author, lecturer and consultant Sharon Nelson.

Post Frequency: 1.7/day

Last Entry: November 04, 2020 at 10:00:00

COPS ALTER DASH-COM VIDEO TO FRAME DRIVER IN FLORIDA

Posted on August 03, 2009
The Blue Wall seems to be holding fast. If a cop does something wrong, the brotherhood protects him. There are exceptions of course, but Hollywood, Florida is not exactly leading the way in police integrity with a story I heard...

COPS ALTER DASH-CAM VIDEO TO FRAME DRIVER IN FLORIDA

REPLY TO: GOOGLE TO THE (E-DISCOVERY) RESCUE?

Posted on July 31, 2009
I am including below a reponse I received to the original post referenced above: ********** Google has solved search in the public Internet however applying the same technology to the enterprise is a different story. In order to index the...

U.K. HIGH COURTS RULES GOOGLE NOT LIABLE FOR DEFAMATORY SEARCH RESULTS

Posted on July 30, 2009
In a case that has attracted a lot of global attention, a British High Court ruled that Google is not the publisher of defamatory words that appear in its search results. Google's U.S. and U.K. operations were sued in England...

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IPHONE SECURITY? A COMPLETE MISNOMER

Posted on July 27, 2009
My Vice President, John Simek, has been foaming at the mouth about the iPhone's lack of real security. He finally got agitated enough to write a post for me. So if you've implemented the iPhone in a business environment ....

SCRUBBING A MAC'S METADATA: A BIT OF A PUZZLER

Posted on July 23, 2009
It's always good to be humbled by conference attendees and have to admit, "I don't know." That happened last week as we were lecturing for the Virginia State Bar and someone asked, "How do you scrub metadata on a Mac?"...

HOW GOOD LAWYERS SURVIVE BAD TIMES

Posted on July 20, 2009
Today I exert a blogger's privilege of departing from the primary subject in order to let readers know that my new book, How Good Lawyers Survive Bad Times, is now available for pre-order from the American Bar Association. Written with...

HOW E-DISCOVERY IGNORANCE CAN AFFECT YOUR BOTTOM LINE

Posted on July 16, 2009
You can always trust Craig Ball to be on point and pithy. His latest post, about a hapless EDD rookie lawyer who had her $300/hour requested fee reduced to $200/hour by the court because of her EDD inexperience. Read the...

GOOGLE TO THE (E-DISCOVERY) RESCUE?

Posted on July 15, 2009
My thanks to Alan Goldberg for suggesting that I note a recent blog post from E-Discovery Bytes dealing with the Google Search Appliance 6.0 (GSA). The post discusses the potential value of the GSA in reducing electronic discovery costs by...

MUCH ADO ABOUT NOTHING? COMPUTER FORENSICS AND THE MELENDEZ-DIAZ CASE

Posted on July 13, 2009
There has been a lot of chatter on the airwaves about the June 25th decision of the U.S. Supreme Court in Melendez-Diaz v. Massachusetts (the case can be found here). Is it worth all the hullaballoo? Not in my judgment,...

AUTHENTICATING ELECTRONIC EVIDENCE: TEXT MESSAGES AND E-MAILS

Posted on July 09, 2009
I read with interest Josh Gilliland's recent post on the admissibilty of text messages in State v. Loye, 2009 Minn. App. Unpub. LEXIS 660, 1 (Minn.Ct.App. 2009), in which the court ruled there was no error when the lower court...

DIVORCE ATTORNEYS SUED OVER E-MAILS GLEANED FROM SPYWARE

Posted on July 01, 2009
I've been waiting for this case. It was just inevitable that attorneys (as opposed to spouses) would one day be sued for using evidence obtained from spyware. A two million dollar lawsuit has been filed in Tennessee against the law...

THE RIAA VERDICT: DID THE JURY SMELL A WEASEL?

Posted on June 30, 2009
By now, everyone has heard about the Jamie Thomas-Rasset case, in which the jury awarded the RIAA nearly $2 million for the illegal download of 24 songs. I was quick to say that the decision was outrageous - and in...

GOVERNOR SANFORD'S E-MAIL: WHY DO FOLKS DO THIS TO THEMSELVES?

Posted on June 25, 2009
You would think people would get it by now. Don't e-mail anything you don't want to see in the New York Times, on a billboard on I-95, or in St. Peter's hands. The minute I heard that S.C. Governor Sanford...

ELECTRONIC EVIDENCE IN EVERYDAY CASES: ESI BYTES PODCAST

Posted on June 24, 2009
Yesterday, John and I had the pleasure of doing a podcast with Karl Schieneman of JurInnov, Ltd. Karl has been very successful at rounding up EDD lumanaries forJurInnov's ESI Bytes podcasts. Readers should check out his impressive roster of guests...

WEST VIRGINIA ISSUES METADATA OPINION

Posted on June 23, 2009
On June 10th, the West Virginia Lawyer Disciplinary Board issued an opinion on metadata entitled, What is Metadata and Why Should Lawyers Be Cautious? A bit of an odd title, I thought, but it basically plows the usual ground. It...

EXCELLENT E-BOOK ON MEET AND CONFER AVAILABLE

Posted on June 22, 2009
I am always (and usually with good cause) skeptical of vendor publications. But the recent "Considering Meet and Confer" issued by Orange Legal Technologies is a gem. I loved the "Meet and Confer Checklist" - and there are other useful...

LAWYER E-FILING GOOFS HAVE CATASTROPHIC RESULTS

Posted on June 19, 2009
A recent Law.com article warned lawyers to be wary of the appellate pitfalls of e-filing. In one case, the law firm meant to file a notice of appeal, but mistakenly filed the wrong document. Oops. The court had no mercy...

SECURELY LOCKING DOWN PDFS REDUX

Posted on June 17, 2009
Last week, I posted advice from John about how to securely lock down a PDF document. It was good advice. Except that a vendor, who wants you to PAY for a secure lock-down wrote me in part: "I would like...

ELECTRONIC EVIDENCE AND DISCOVERY: WHAT EVERY LAWYER SHOULD KNOW NOW

Posted on June 15, 2009
It's always a pleasure to salute fellow authors who undertake the daunting subject of e-discovery and do it credibly. Those interested in EDD should take a look at the new book Electronic Evidence and Discovery: What Every Lawyers Should Know...

COMPUTER TECH FINDS CHILD PORN ON YOUR COMPUTER - NOW WHAT?

Posted on June 12, 2009
You're probably going to jail. It was a long recess in the proceedings for Kenneth Sodomsky, a Pennsylvania man who had been charged with possession of child pornography after a computer repair technician found the contraband on his computer back...

ATTENTION LAWYERS: HOW TO PROPERLY SECURE A PDF DOCUMENT

Posted on June 10, 2009
The following guest post was authored by colleage and friend Dave Bilinsky and first published by the Law Society of British Columbia. Since we see this issue a lot in cases where electronic evidence is altered, it seemed worthy of...

VIOLATION OF BAIL TERMS BY DRINKING: POSTED ON FACEBOOK

Posted on June 08, 2009
Once again, electronic evidence on social networking sites makes the headlines. Erika Scoliere, 20, had been charged with reckless homicide and aggravated DUI after a July 2007 accident in South Elgin, Illinois that killed a motorcyclist. As a condition of...

CASTLEQUEST RELEASES "DISCOVERING THE DIGITAL RECORD"

Posted on June 03, 2009
In my mailbox: An announcement that on June 1st, the CastleQuest Discovery Library published Discovering the Digital Record - The Questions for Examination by Jeffrey Ritter and David Gaston. The price of the book is $129.95. Furhter information is available...

ONLAW TRIAL TECHNOLOGIES FOUNDED BY BRUCE OLSON

Posted on June 02, 2009
Readers of this blog may know Bruce Olson as our co-author of The Electronic Evidence and E-Discovery Handbook (ABA, 2006). He is also a long-time friend and colleage within the Law Practice Management Section of the ABA. I was delighted...

COURTROOM TECHNOLOGY TIPS FROM THE BENCH

Posted on May 29, 2009
After identifying some court technology "potholes" yesterday, I had the opportunity to meet with one of the judges from the Fairfax General District Court. He saw courtroom technology through the prism of his court - and honestly, it was a...

COURTROOM TECHNOLOGY: POTHOLES TO AVOID

Posted on May 28, 2009
Took a little personal time off from blogging . . . saw "Star Trek" which I happily rate a six on a five star scale. Wore my Enterprise earrings, of course. Back to Earth and the subject at hand. We...

NEW YORK SAYS WIFE MAY USE HUSBAND'S E-MAILS AT TRIAL

Posted on May 20, 2009
A New York judge recently ruled that an estranged wife could introduce copies of her husband's e-mail as evidence of her allegations that he was lying about his income. The husband was not overly smart, to be sure. Apparently, he...

U.K. COURTS RAP POLICE OVER CHILD PORN SEARCH WARRANTS

Posted on May 16, 2009
Another one of those "you can't make it up" stories from the sometimes bizarre world of computer forensics. It is not exactly a secret that many in law enforcement are not thrilled with criminal defense attorneys or their experts. In...

FUTURE OF FLIGHT: DREAMING OF THE DREAMLINER

Posted on May 12, 2009
One of the nice things about a blog is that you can take a break from your subject once in a while. So the subject today is aviation. At least it is technology-related. Last week, we spent a couple of...

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