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E-Discovery Key Terms & Definitions

Admissible - Evidence that is acceptable or allowable in court.

Archive – A long-term computer storage area.

Attachments – Any file type associated with or attached to an e-mail.

Backup Tapes – Tape media used to back up data.

Chain-of-Custody – A process used to maintain and document the chronological history of electronic evidence. A chain-of-custody ensures that the data presented is "as originally acquired" and has not been altered prior to admission into evidence.

Data Extraction – The process of removing files and meta-data from backup tapes.

Deleted Files and Data – Recoverable information from deleted files and data may be stored in unallocated or slack space on a computer hard drive.

De–duplication – The process of providing one instance of an item when there was once two or more identical copies. This process usually involves landing all files into a database and then searching for duplicate files.

Basic de–duplication – Performed on a select and limited basis, such as for file names and types, and usually based on the hash value of the entire electronic document.

Discovery – A pre–trial process in which each party tries to find all the information held by the other party and certain third parties that is relevant, probative and can be admitted into evidence at trial. Each party is required to cooperate with the other to the extent required by the relevant rules of civil procedure.

Electronic Evidence – According to Black's Law Dictionary, evidence is "any species of proof, or probative matter, legally presented at the trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, exhibits, concrete objects, etc. for the purpose of inducing belief in the minds of the court or jury as to their contention." Electronic information (like paper) generally is admissible into evidence in a legal proceeding.

E-mail – The whole of an electronic document containing the message envelope and message content (attachments, etc.).

Filtering – Electronic filtering of emails or documents for privilege or by keyword, file type or name. Filtering removes files that don&t fit the search criteria and reduces the volume of data that requires further investigation.

Forensically Sound Procedures – Procedures used for acquiring electronic information in a manner that ensures it is "as originally discovered" and is reliable enough to be admitted into evidence. Such procedures are defined in part by the U.S. Department of Justice publication, "Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations."

Hard Drives – The primary computer storage medium in desktop and laptop computers.

Hash – An algorithm that creates a value to verify duplicate electronic documents. A hash mark serves as a digital thumbprint.

Images (also forensic images or mirror images) – A bit-by-bit duplicate of a backup tape or hard drive that is forensically sound.

Internal Inquiries – A close examination of a matter in a search for information or truth that is internal to a company.

Investigation – An inquiry usually initiated by a government agency.

Media – The physical material used to store electronic data. Media includes hard drives, backup tapes, computer disks, CD, DVD, PDA, memory, etc.

Media Conversion – Moving data from one type of media to another such as tape to CD.

Merge – The process of combining various email files (i.e. Microsoft Outlook´s .pst) into one file for de-duplication purposes.

Meta-data – Meta-data is data about data. Meta-data captures data elements or attributes (name, size, date, type, etc.), data about records or data structures (length, fields, columns, etc.) and data about data (where it is located, how it is associated, ownership, etc.).

Native Environment – The original configuration (software, passwords, server configuration, etc.) of a backup tape or e-mail system (i.e. Microsoft Exchange).

Native File – A file saved in the format of the original application used to create the file. Dealing with native files can minimize expensive per-page costs for the traditional TIFF and/or PDF processing and will maximize the relevant information available from the file.

Obstruction of Justice – According to Black´s Law Dictionary, obstruction of justice means "impeding or obstructing those who seek justice in a court, or those who have duties or powers of administering justice therein."

On-site Extraction – The extraction of high volumes of data from backup tapes at a client site (no risk of loss of original evidence).

Paper – the traditional method of printing electronic files.

PDF – (Portable Document Format) A proprietary format of Adobe Corporation, it has become a de facto standard for transmitting documents that the sender does not want to be altered and for transmitting documents to commercial printers and to the Web for online publishing.

Production – Delivery of data or information in response to an interrogatory, subpoena or discovery order or a similar legal process.

Repository – A centralized database stored on a computer that houses specific information.

Searching – The ability to look within the data and search by a name, date or keyword to find desired information.

Slack Space – Remnant data from deleted files still located in clusters on a hard drive.

Spoliation – Generally, the intentional or negligent destruction or alteration of evidence when there is current litigation or an investigation or there is reasonable anticipation that either may occur in the near future. Some jurisdictions also define it as a failure to preserve information that may become evidence.

TIFF – (Tagged Image File Format) A widely used bit-mapped graphics file format. This is essentially a picture of a document.

Unallocated Space – Space on a hard drive that potentially contains intact files, remnants of files, subdirectories or temporary files which were created and then deleted by a computer application, the operating system or the operator.

Unstructured Data – Data that is not in tabular or delimited format. File types include word processing files, html files (web pages), project plans, presentation files, spreadsheets, graphics, audio files, video files and emails.

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