e discovery cloud
TRANSCRIPT
e-Discovery and the Cloud
Disclaimer
I am not an attorney I am an Information Assurance
practitioner This is meant to be information
related to the technical and policy issues of e-Discovery in a cloud environment and not solely the legal aspects
We will discuss some legal issues
Agenda
Challenges of Cloud e-Discovery Working Definition of Cloud
Computing Policy and Technical Issues
Plaintiff Respondent Proactive Steps Reactive Steps
Challenges
There is no one definition of Cloud Computing
Very Little Guidance Technical Best Practices Legal
Lack of Expertise Clients Legal Community Magistrates and Judges
Challenges
The nature of Cloud Computing International Scope Varying Laws
Rapidly Changing Technology and Services
No tangible assets Desktops and laptops may be what
are referred to as a “thin client”
Cloud Computing Definition
The term “Cloud” comes from the graphical icon used to represent the internet
Is a way for organizations to reduce costs through using resources outside their physical boundaries
Third parties provide the applications, infrastructure or platform for computing needs
Cloud Computing Definition
Separation of application and resources
Accessed through Internet or Intranet connections
Third Party Pools of computing, network, information, and storage resources
The ability to scale resources during peak and off peak times
Cloud Computing Definition
NIST Visual Model of Cloud Computing Definition
Cloud Computing Definition
Local Document Search
What can be found: E-Mails Documents (.pdf, .doc, .exl) Image files Deleted files System and Network Data Timelines
Local Document Search
EnCase Workstation
HDD Provided by Client
Cloud Computing
What information do Cloud Computing Providers have? Data: Client provided data
HR Records Sales Reports Archived Reports E-Mails Back-Ups
Cloud Computing
What information do Cloud Computing Providers have? Metadata: Data about client data
Creation information size tags upload dates and times IP addresses
Cloud Computing
Cloud Computing makes use of virtualization
Cloud Providers set up “Virtual Machines” that have the hardware and software components of a physical machine
Allows greater flexibility and scaling
Plaintiff
Proactive Steps: E-Discovery Provider Coordination
What forensic tools do they have? Knowledge: Vmware, Cloud Computing Policy Foundation
What metadata is possibly available Engaging e-Discovery Provider early will
give you access to information as well as questions to ask
Plaintiff: 26 (f)
Reactive (Case Received) Respondent Information
Service Level Agreement Do they have an inventory of what they
have pushed to the cloud Where is the data? What format? How much data?
Respondent
Proactive Steps Retention Policy Review Review of SLA for Legal Service Policy Where is the data?
Cloud Computing Provider
Provides data on easily readable format
In response to a request from the client
Often covered in a SLA Can be provided directly to e-
Discovery specialists
Cloud Computing Provider
EnCase Workstation
Compact Disk provided by
Cloud Computing Provider
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Secure Connection
Cloud Document Search
Virtual Machines
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Wrap Up
There are countless ways that Cloud based e-Discovery can be completed
Techniques can be utilized that are forensically sound
Much of the process is going to be dictated by the Cloud Computing provider
Wrap Up
For legal professionals: There is often information that you may
not know is available
There are technical issues that the provider may have
Engaging an e-Discovery provider early will give you valuable information to make decisions
Questions
