Electronic Discovery (E-Discovery)

Electronic Discovery (E-Discovery)

DOI: 10.4018/978-1-7998-4162-3.ch004
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Abstract

The objective of this chapter is to review the concept of electronic discovery(e-discovery) paying special attention to the legally established procedures for consideration as digital evidence, to the computer tools developed for obtaining them, as well as to the historical background that frame its origin. The authors review techniques and functionalities associated with advanced information systems and describe the possibilities and limits for the evaluation and exploitation of electronic discoveries in the cloud, in social networks, as well as in bring your own device (BYOD), big data, or business intelligence settings. It also includes a review of the reference frameworks, standards, and resources associated with the EDRM model (electronic discovery reference model).
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History And Frameworks

Although the English term ‘e-discovery’ is quite new, the field as such has already existed for several decades. For example, legal demands in the 70s and 80s did not have the support of today's digital evidence, the evidence at that time was based on huge paper-printed listings.

The history of electronic discovery is mostly related to historical events that occurred when passing laws, regulations and events (Table 1) in North America.

Table 1.
Historic events related to Electronic Discovery (e-Discovery)
YearEvents
When?1986Computer Fraud and Abuse Act (CFAA)
1996Health Insurance Portability and Accountability Act (HIPAA)
1997Introduction of the “e-discovery” term
2001U.S. PATRIOT Act
2002  Sarbanes-Oxley Act
2006Use of electronic discovery in the legal field
2007Sedona framework

Key Terms in this Chapter

Sedona Principles: Electronically stored information authoritative guidelines provided the Canadian Sedona Conference.

Electronically Stored Information (ESI): Designated electronically information that can be collected and processed as electronic evidence in e-discovery investigations.

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