Everyone’s Writing The Obituary For “Per Gig” E-Discovery Pricing, But Has Anyone Derived A Fair Solution? #ediscovery

There has been much discussion within the electronic discovery industry regarding the demise of the “per gigabyte” pricing model, and understandably so given the multi-million dollar price tags associated with large e-discovery projects.  Despite the commoditization and downward pricing pressure facing all vendors, average price points simply have not scaled to meet the demands associated with the explosive growth in discovery data volumes.  Not only has this created intense sticker shock for law firms and their clients, but it also creating a significant challenge to vendors as they balance competitive pricing with overall value provided to the client and the need to make enough profit to sustain the business.

So my question to the industry and our clients – what’s next?  We have grown from charging “per page”  in the early days of e-discovery to “per gigabyte” pricing today.  Are firms and corporations willing to work with vendors in the early stage of a matter to develop a value-based flat rate?  Are software developers willing to move from unit-based pricing to a profit-sharing or subscription model?

I will continue to follow the discussion and welcome comments regarding the same.

Brad Mixner, Founder & President, Global EDD Group | brad.mixner@globaledd.com

 

 

 

Google’s Expanded Privacy Tools Span Search, Ads, Chrome, YouTube, Gmail – Security – News & Reviews – eWeek.com

Google takes a lot of heat over user privacy, much of it well deserved after exposing privacy for Google Buzz users early on and snorting users email, computer passwords and browser data from 2007 to 2010 from users’ WiFi networks. Few people who aren’t diehard Google Watchers know this, but the company has actually baked a lot of user privacy tools into its various software products. That includes protections for users of its search, Gmail, Chrome Web browser, Google Maps, YouTube, among other services. Even Google’s often maligned advertising products, the services that make 97 percent of the company’s money, have tools to shore up user data privacy. Take a look at eWEEK’s quick tour of Google’s privacy tools.

via Google’s Expanded Privacy Tools Span Search, Ads, Chrome, YouTube, Gmail – Security – News & Reviews – eWeek.com.

Court Orders Government to Reproduce ESI, Discusses Need for Criminal Rules Addressing Electronic Discovery : Electronic Discovery Law

United States v. Briggs, No. 10CR184S, 2011 WL 4017886 (W.D.N.Y. Sept. 8, 2011)

Defendants were charged with several counts related to the distribution of cocaine.  In its disclosures, the Government produced thousands of pages of documents as well as audio recordings, none of which were text searchable.  Defendants sought reproduction.  Noting the lack of relevant criminal rules and discussing the requirements of Fed. R. Civ. P. 34, the court relied upon its inherent authority to order reproduction in native format or in a PDF format “suitable for searching.”

In its voluntary discovery, the Government produced disks “containing thousands of pages of documents” as well as audio recordings.  Although the information was allegedly produced using a program “routinely used in cases such as this” (i.e. multi-defendant cases “employing investigative techniques, such as court-authorized recordings of intercepted communications”), it could not be sorted or searched and lacked certain data.  Accordingly, defendants sought reproduction.  The Government resisted, arguing, among other things, that the cost of reproduction was prohibitive and that it lacked the necessary computer storage space to reproduce the data in PDF format.  The Government further alleged that it had produced the particular data requested by defendants (although not in the form sought) and that given defendants’ heavy burden in asserting certain theories to which the data allegedly was relevant, the Government should not bear the burden of reproduction “to suit the defendants.”

via Court Orders Government to Reproduce ESI, Discusses Need for Criminal Rules Addressing Electronic Discovery : Electronic Discovery Law.

Theft of Digital Health Data More Often Inside Job, Report Finds – Businessweek

Electronic health data breaches are increasingly carried out by “knowledgeable insiders” bent on identity theft or access to prescription drugs, according to a report from PricewaterhouseCoopers LLP.

More than 11 million consumers have had medical data stolen or inappropriately disclosed since September 2009, and the privacy breaches are expected to rise as more health information is put online, according to the report released today by the New York-based accounting firm’s health research institute. The most frequently reported issue was the improper use of protected information by an “internal party,” the study found.

The report underscores the need to strengthen privacy and security controls as health records are more frequently stored online and accessed by portable devices, said James Koenig, co- lead of PwC’s Health Information Privacy and Security Practice. Consumer concerns that personal medical information may be vulnerable to disclosure are likely to increase as the Obama administration spurs the adoption of digital records.

via Theft of Digital Health Data More Often Inside Job, Report Finds – Businessweek.

Electronic Discovery in the Cloud | Duke Law & Technology Review

Cloud Computing is poised to offer tremendous benefits to clients, including inexpensive access to seemingly limitless resources that are available instantly, anywhere. To prepare for the shift from computing environments dependent on dedicated hardware to Cloud Computing, the Federal Rules of Discovery should be amended to provide relevant guidelines and exceptions for particular types of shared data. Meanwhile, clients should ensure that service contracts with Cloud providers include safeguards against inadvertent discoveries and mechanisms for complying with the Rules. Without these adaptations, clients will be either reluctant or unprepared to adopt Cloud Computing services, and forgo their benefits.

continued @  Electronic Discovery in the Cloud.

Law enforcement needs to get smart about collecting digital evidence, says forensic analyst – 9/21/2011 – Computer Weekly

The time has come to empower frontline law enforcement officers to make better decisions when seizing digital evidence, says forensic analyst Andrew Sheldon.

The number of computer forensic specialists is growing, but there will never be enough to cope with the demand, he told the SANS European Digital Forensics and Incident Response Summit in London.

The proliferation of digital devices, combined with growing storage capacities on those devices, is increasing the number of potential crime scenes at an exponential rate each year, he said.

The backlog of cases requiring forensic analysis is currently around 46 weeks.

The problem, said Sheldon, is that there are many more people seizing evidence and referring it for forensic investigation than there are people to do the analysis.

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This is exacerbated by the fact that there is a high proportion of unnecessary examinations because frontline officers do not have the skills or knowledge to be more selective.

One way of improving the situation, he said, is to give frontline officers the tools and support they need to make better decisions about forensic evidence.

The way law enforcement deals with forensic evidence needs to go down the same road as dealing with drink-driving by introducing the equivalent of the breathalyser.

via Law enforcement needs to get smart about collecting digital evidence, says forensic analyst – 9/21/2011 – Computer Weekly.

Law enforcement needs to get smart about collecting digital evidence, says forensic analyst – 9/21/2011 – Computer Weekly

The time has come to empower frontline law enforcement officers to make better decisions when seizing digital evidence, says forensic analyst Andrew Sheldon.

The number of computer forensic specialists is growing, but there will never be enough to cope with the demand, he told the SANS European Digital Forensics and Incident Response Summit in London.

The proliferation of digital devices, combined with growing storage capacities on those devices, is increasing the number of potential crime scenes at an exponential rate each year, he said.

The backlog of cases requiring forensic analysis is currently around 46 weeks.

The problem, said Sheldon, is that there are many more people seizing evidence and referring it for forensic investigation than there are people to do the analysis.

<>

This is exacerbated by the fact that there is a high proportion of unnecessary examinations because frontline officers do not have the skills or knowledge to be more selective.

One way of improving the situation, he said, is to give frontline officers the tools and support they need to make better decisions about forensic evidence.

The way law enforcement deals with forensic evidence needs to go down the same road as dealing with drink-driving by introducing the equivalent of the breathalyser.

via Law enforcement needs to get smart about collecting digital evidence, says forensic analyst – 9/21/2011 – Computer Weekly.

OnStar Tracks Your Car Even When You Cancel Service | Threat Level | Wired.com

Navigation-and-emergency-services company OnStar is notifying its six million account holders that it will keep a complete accounting of the speed and location of OnStar-equipped vehicles, even for drivers who discontinue monthly service.

OnStar began e-mailing customers Monday about its update to the privacy policy, which grants OnStar the right to sell that GPS-derived data in an anonymized format.

Adam Denison, a spokesman for the General Motors subsidiary, said OnStar does not currently sell customer data, but it reserves that right. He said both the new and old privacy policies allow OnStar to chronicle a vehicle’s every movement and its speed, though it’s not clear where that’s stated in the old policy.

“What’s changed [is that if] you want to cancel your OnStar service, we are going to maintain a two-way connection to your vehicle unless the customer says otherwise,” Denison said in a telephone interview.

The connection will continue, he said, to make it “easier to re-enroll” in the program, which charges plans from $19 to $29 monthly for help with navigation and emergencies.

via OnStar Tracks Your Car Even When You Cancel Service | Threat Level | Wired.com.

Technology blunders: Simple things lawyers can do, or don’t do, to protect information | State Bar of Wisconsin

You don’t have a screen-saver password. Usually, your computer logs itself out after a period of inactivity. If not, you should direct it to do so. Without a screensaver password, anyone could log back in to your computer. If you leave your computer running without a screensaver password, for any reason, there’s an open invitation for someone to browse your files or download inappropriate material.

You never turn your computer off. Computers, you have noticed, are imperfect. Processes don’t terminate the way they should, applications get tangled, and your own tendency to have 15 programs running at once tends to create collisions. As John puts it, “lots of stuff hangs around impeding the performance of your machine.” The fix is easy – either turn the machine off every night – or if you need to leave it running for remote access (that is, after you’ve installed a screensaver password!), turn it off when you go to lunch. Once a day is the rule. No exceptions.

Your password is your birthday. Passwords must 12 characters long. Anyone with any IT sophistication can crack your eight-character password, no matter what it is, in less than two hours. With 12 characters, it takes 17 years. Most bad guys can’t wait that long. Make it easy on yourself and create a passphrase: GoingonanAlaskancruisein2011! is perfect – and easy to remember.

You hide your password in an easy-to-find location. Passwords are meant to be remembered, but are easily forgotten. When we visit law firms to give advice on security and technology issues, we often find passwords on monitors, under keyboards, and in the top right-hand drawer of the desk. Surely, the bad guys can figure those places out, too.

You download illegal software. Being penny wise and pound foolish is common – however, the installation of illegal software in law offices is horrifying. The Business Software Alliance (BSA) is not amused by illegal software – and at $150,000 per copyright violation, you are unlikely to be amused if discovered. By the way, most of the BSA’s leads come from employees. Do all of your employees adore you?

Your backup media goes bad. Inevitably. No matter what kind of backup you use (and shame on you if you’re not backing up), you must – absolutely must – do test restores of the data to ensure that all is well. That is true even if you are using an online backup provider. We once saw a major online back-up provider lose five years of law firm data – they had never done a test restore. Make sure your provider is doing this. Note: Read Ross Kodner’s Wisconsin Lawyer article, “Saving Your Practice: Backup That Works,” for more information on this topic.

You use autocomplete. Autocomplete is your enemy. This is the Outlook function that helpfully suggests an email address when you begin to type. In the last week, we have received three emails meant for other people. John turns his off. Sharon likes autocomplete, but she has a firm rule. When the email is finished, her hands come off the keyboard until she has verified that the addresses on the email are what she intended. Without this rule, she acknowledges she, too, would be among the hordes of lawyers who have, at the very least, embarrassed themselves. One lawyer meant to send a very important email to co-counsel and ended up sending it to a New York Times reporter instead. Take your hands off the keyboard.

You don’t have a PIN on your smartphone. Remember the ethics rule about keeping client data confidential? If you don’t have a PIN on your smartphone, run, do not walk, and get one installed. We once found a SAIC phone lost at an airport. No PIN. The owner was lucky that we were honest folks and turned it over to security

via Technology blunders: Simple things lawyers can do, or don’t do, to protect information | State Bar of Wisconsin.

How Social Media Affects E-Discovery | Business 2 Community

If you’re not exactly sure what e-discovery is, simply tune in to one of the many CSI shows currently airing; they’re bound to feature the latest form of forensic science, which uses electronic data gathered from computers, cell phones, and other devices as evidence for courtroom trials.  In many cases, the process of electronic discovery is carried out by software that searches through the multitude of data to find keywords that could be of use during an investigation and trial.  This process is both time and cost effective, which is why it has become so popular.  But what is the role that social networking plays in the process of e-discovery?  Can it help during a trial, or will it only hinder forward progress?  Here’s the 411 on how social networking coincides with e-discovery.

In most cases, social networking provides a gold mine for any lawyer wishing to dig up dirt, so to speak.  Nearly everyone seems to be involved in some type of social networking these days, whether they have a page on MySpace or Facebook or a Twitter feed that they post to daily.  In addition to offering a public forum for discussions on issues personal, political, and other, social networking sites also tend to foster an atmosphere that is uninhibited.  Surprisingly, people will post all kinds of information that can be used in a trial setting as evidence.  So in this way, social networking can be a major boon in the e-discovery arena.

Of course, not every instance of e-discovery is linked to litigation.  In fact, many corporations are beginning to utilize e-discovery tactics to keep tabs on what their employees are doing online.  For example, businesses may use software that monitors the Facebook pages and Twitter feeds of employees in order to catch them making derogatory statements about the company they work for, or even disseminating information that is considered to be company property (in other words, leaking corporate secrets).  Because people often feel the no one is looking, they may say things that the company would rather they didn’t.  But someone is always watching.

via How Social Media Affects E-Discovery | Business 2 Community.