Computer Forensics vs. Electronic Discovery

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Computer Forensics vs. Electronic Discovery


Overview


Computer forensics and electronic discovery serve critical roles but differ fundamentally in purpose and application. Originally developed by law enforcement for investigating drug and financial crimes, computer forensics focuses on uncovering hidden and deleted data using strict protocols. In contrast, electronic discovery caters to civil litigation, organizing electronic files based on metadata for efficient retrieval and legal use.

Computer Forensics


Computer forensics is essential in criminal investigations, using forensic procedures to analyze various electronic devices. Key tasks include creating forensic copies or images of devices. A forensic copy is an exact duplicate ensuring all metadata, such as "last accessed" dates, remains intact. However, accessing the copied data may alter this metadata.

Creating a forensic image, on the other hand, wraps the data in a protective layer, allowing for examination without affecting the original files or their metadata.

Forensic analysts also recover deleted files, locate partial files, track internet history, decode passwords, and explore data in slack or unallocated space. Slack space holds unused data within a cluster, while unallocated space may contain remnants of "deleted" files?"where deletion removes only the pointer, not the actual file.

Electronic Discovery


Rooted in civil litigation, electronic discovery organizes electronic files by utilizing their metadata. Given the sheer volume of files, they are often incorporated into litigation retrieval systems for efficient review and production, following legal data management principles like redaction and production protocols.

The process typically begins post-capture, where metadata is used to sort and refine collections. Documents can be reviewed in their native formats or converted to TIF or PDF for redaction and streamlined production.

Intersection and Differences


While computer forensics and electronic discovery share some capabilities, such as producing inventories of collections and standardizing time zones for consistent date and time stamps, their philosophies diverge. Computer forensics is investigative, targeting data recovery and integrity, whereas electronic discovery emphasizes organization and usability within legal processes.

Both fields are integral to their respective domains, offering the tools needed to handle electronic data effectively and responsibly.

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