This document discusses the challenges of discovering and preserving "esoteric ESI", which refers to electronically stored information that exists outside traditional email systems and includes social media, cloud computing services, mobile devices, and ephemeral data. It notes that this type of ESI is growing rapidly due to increased use of technologies like Facebook, databases that power social networks and applications, and the variety of devices generating digital information. The document provides recommendations for developing strategies and processes to map, preserve, collect, process, and analyze esoteric ESI during legal proceedings and investigations.
1. Esoteric ESI: Getting past Enterprise Email to discover Facebook, Social Media, and Mobile Devices
2. Speakers Craig Ball, Esq. James D. Shook, Esq., EMC J. David Morris, EMC Moderator
3. 1.8Zb Lots of It 95% Mostly Unstructured ▲ Becoming More Regulated ▲ Management takes Work! The Growth of Information 85% Information Managed by Organizations Source: IDC White Paper, "The Diverse and Exploding Digital Universe," Sponsored by EMC
4. Animated Environment DigitalEvidenceLand Cloud Computing Personal Systems Backup Systems Network Shares Legacy Data 3rd Parties Servers & Databases Voicemail E-Mail Containers MobileDevices Local Storage
5. What is Esoteric ESI? “Beyond Email” Common Characteristics External to the Enterprise -- i.e. outside the firewall Highly mobile Designed for rapid change / collaboration Difficult internal structure / storage format Credit Card” IT
7. The Cloud Defined (NIST) Cloud computing is a model for enabling convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction. This cloud model promotes availability and is composed of five essential characteristics, three service models, and four deployment models. Essential Characteristics: On-demand self-service; Broad network access; Resource pooling; Rapid elasticity; Measured Service. Service Models: Cloud Software as a Service (SaaS); Cloud Platform as a Service (PaaS); Cloud Infrastructure as a Service (IaaS). Deployment Models: Private cloud; Community cloud; Public cloud; Hybrid cloud.
12. Social Media Communication – blogs, micro blogging, social networking Collaboration – wikis, social bookmarking Multimedia – photo, art, video sharing, live calling Reviews – Opinion Community – Q&A
30. Forms of productionyou should reject Paper Printouts TIFF or PDF Images Table dumps Reports without delimiters Any non-fielded format System catalog data is essential!
31. The Ephemeral Data Defined Data retained for short periods: “Electronically Stored Information” Logs, Instant Messages, Text messages (Mobile data?), RAM? Issues Ephemeral nature Difficult to track let alone “store” Enormous volumes / rapid change Guidance Columbia Pictures v. Bunnell Best Practices
32. Checklist for Esoteric Data Data Map Litigation Hold Notices Information Management Retention / Classification / Deletion Policies Preservation and Collection Define your preservation and collection process for each type May need to revise Information Management policies / technology E.g. Wikis and Blogs / version control Multiple tools in your bag Custody -> Imaging -> Collection Processing and Analysis What can you do after Collection?
33. Questions and Answers Craig Ball, Esq. - craig@ball.net - www.craigball.com James D. Shook, Esq. – jim.shook@emc.comwww.kazeon.com/discover & www.kazeon.com/blog J. David Morris – david.morris@emc.com
Editor's Notes
Preserving, collecting and processing “basic” electronically stored information (“ESI”) such as email and unstructured data stored on laptops and file shares is a complex and expensive task for most organizations. But far more difficult work is just ahead. In this presentation, we will look at legal requirements and current practices in handling some of the more frequently encountered “esoteric” forms of ESI such as Facebook, Social Media, the Cloud, mobile devices, transient or “ephemeral” data and even SQL databases. What is beyond Email? Facebook: Social Media done Right Cloud: Public and Private it matters Mobile devices: Treasure trove of email, SMS, and App Data Wikis, Blogs, and other user created contentEphemeral Data elusive and relevant