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Posted on: August 07, 2015

in Blog

3 Misconceptions about Cloud Discovery: What is the Truth?

This post highlights and explains three common misconceptions about preserving and collecting cloud-based ESI, and provides advice for a more efficient workflow.

3 Misconceptions about Cloud Discovery: What is the Truth?

With the unabated growth of cloud-based data, legal teams increasingly find themselves in the position of having to identify, preserve and collect from the cloud. As is often the case when legal and technology intersect, misconceptions arise. We highlight three of these myths.

1. MYTH: Forensics consultants can collect anything from anywhere – quickly.

DEBUNKED: Depending on the cloud source, collections can be far more challenging than you may think. There are countless cloud-based applications and sources of ESI in existence, and the market continuously produces more in response to new technology demands. It is important to understand how a system works before you can determine the best way to collect from it. Ideally, ESI collection specialists test applications by using the actual systems which allows them to determine the best way to collect the data and understand collection limitations. However, with the number of cloud-based applications and storage systems in existence, it is not feasible to thoroughly test every one prior to receiving a request for services. When choosing a third-party service provider for eDiscovery purposes, it's important to choose one who has the expertise to develop a solution to potentially complicated collection.

Learn how to successfully navigate the cloud and defensibly identify, preserve and collect ESI from the panelists featured in this recorded webinar.

2. MYTH: IT has all the answers.

DEBUNKED: As data moves or is created outside of the corporate firewall and into the cloud, it becomes increasingly difficult for IT to access the data, report on the makeup of the data, or understand the full breadth of user accounts created by employees. Oftentimes, the only means to access the data is by accessing the systems and accounts as the end user. This creates a situation where IT can no longer effectively maintain the data or properly participate in the complicated process of cloud eDiscovery.

3. MYTH: I can download the data myself, which will save time and money otherwise spent on a forensic collection.

DEBUNKED: Having the ability to download your Facebook account information, Gmail, iCloud data, or Dropbox contents with a few clicks does not mean you should self-collect. Individuals that are not trained and do not have the proper tools can end up downloading data in an unusable format which needs to be converted, re-mediated or re-collected before it can be loaded into a review tool or produced to opposing counsel. The misconception is that self-collection will save time and money, but if any missteps are made it will only further complicate the project. Experts know how to utilize forensics tools, which are built to defensibly collect data. Using the proper tools ensures metadata remains intact and the data’s integrity is maintained for review. A forensics consultant can also provide expert, unbiased testimony in court if needed thus eliminating integrity issues and strengthening the defensibility of the collection.

Based on what we have witnessed the past several years, cloud technology will continue to evolve and its use will only increase. With the proper approach and guidance, it is possible to successfully navigate the cloud and defensibly identify, preserve and collect ESI.


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