In Case You Missed It (May 5 – May 11, 2008)

Bates Stamps' Days May Be Numbered

Law Technology News, May 5, 2008

Oh how quickly times change. Historically, electronic document pages were individually numbered and then extracted to form single-page TIFF pages. However, this process is quickly going out of style as the volume of information is dramatically increasing. Instead, industry leaders are using new techniques that are both cost and time efficient.

According to the article, eliminating text extraction and some other dated-processes, vendors can save nearly 65 percent in costs and save up to 90 percent of time needed to actually process the documents. Take a look the article and see for yourself how technology is beginning to catch up with the electronic trend.

E-Discovery lapse could decimate a small business, experts say

itbusiness.ca, May 5, 2008

Time and time again we find ourselves talking about large corporations who are sinking in e–discovery turmoil. However, as this article highlights, small businesses are just as vulnerable to the subject, if not more. After all, what one multi-million-dollar company might consider a slap on its wallet could end up costing a small business its entire bank savings.

A panel of experts recently put their heads together and discussed this topic in detail. From strategies to challenges to techniques, industry leaders explored the differences between high profile and low profile e-discovery cases. As one Canadian analyst pointed out, the lack of funds puts small businesses at an obvious disadvantage when it comes to defending their cases.

"The impact could be greater on SMBs because their smaller budgets limit their ability to secure e-discovery solutions," said Michelle Warren, senior technology analyst for Info-Tech Research Group, in London, Ont.

So there you have it. E-Discovery affects us all- small, medium and large corporations. No matter what category you fall into, you are just as susceptible to the consequences as the rest of us are.

IRS E-Crimes Program Needs Better Controls

Web CPA May 7, 2008

Who would have thought that forensic experts, such as those at the Internal Revenue Service’s Electronic Crimes Program, is in need of better program controls. According to a report, [http://www.treas.gov/tigta/auditreports/2008reports/200810106fr.html], as more and more electronic records become populated, the Program desperately needs to get policies and procedures in place in order to properly manage them all.

“The Treasury Inspector General for Tax Administration noted in its report that the IRS's E-Crimes Program enjoys an excellent reputation throughout the law enforcement community for digital evidence forensics, but warned that the absence of some program-level processing controls has created risks that could compromise investigations in worst-case scenarios,” the report said.

According the Treasury Inspector General for Tax Administration who conducted the review, many red flags were raised when the Program was investigated. Some of the many include the failure of backing up digital evidence offsite, not requiring computer investigative specialist agents to record their activities and not validating evidence that’s in the possession of agents. With that said, it’s no wonder that the IRS’s Electronic Crimes Program is being held responsible for its lack of controls. If the IRS isn’t taking electronic evidence seriously, than how are we expected to?

2 officials differ on e-mails

Raleigh News and Observer, May 10, 2008

Have you ever wondered what would happen if an email you sent was ever disclosed to the public? This is what two Charlotte City officials are debating over. Attorney Mac McCarley believes city employee emails should be kept out of the public’s eye, as it creates too much disturbance and encourages employees to change their work habits in fear of their communication going across the wire. On the other hand, Mayor Pat McCrory favors automatically archiving state employee messages, as well as city-employee messages if the budget allows. According to McCrory, knowing that his emails may one day be revealed doesn’t bother him nor does it disrupt his work routine.

The reason for outside officials and citizens wanting to know the behind-the-door scoop? Simply stated, because they have every right to know.

“The state's Public Records Law makes no distinction between electronic records such as e-mail and other types of documents. Under it, anyone can ask for a document without providing a reason. The goal: for the public to know what the officials who represent them do with their authority and with the public's tax dollars.”

If you’re been reading our blogs, you’ll notice other entries that are similar to this one. With that said, it just goes to show that nothing is safe from anyone anymore. It seems as though we’re all beginning to worry about which documents are private and which ones are going to be broadcasted for the world to read. Whichever the case, be careful with what you send. You never know where it’ll end up.

Posted by Surety, LLC on May 13, 2008 at 10:17 AM
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