Category «Discovery»

Disquiet in the archives: archivists make tough calls with far-reaching consequences – they deserve our support

Stuart Kells, Adjunct Professor, College of Arts, Social Sciences and Commerce, La Trobe University explains why for technological, ethical and political reasons, the world’s archivists are suddenly very busy. Advances in digital imaging and communications are feeding an already intense interest in provenance, authorship and material culture. Two recent discoveries – a woman’s name scratched in the margins of an 8th-century manuscript, and John Milton’s annotations in a copy of Shakespeare’s First Folio held in the Free Library of Philadelphia – are examples of how new tools are revealing new evidence, and how distant scholars are making fascinating connections. At the same time, and even more importantly, the holdings of archives, libraries and museums – “memory institutions” – are being scrutinised as the world grapples with legacies of racism, imperialism, slavery and oppression. Some of the holdings speak to heinous episodes and indefensible values. And some of them were flat-out stolen.

Subjects: Digital Archives, Discovery, Education, Internet Resources, KM, Legal Research, Libraries & Librarians, Technology Trends

Genetic paparazzi are right around the corner, and courts aren’t ready to confront the legal quagmire of DNA theft

Liza Vertinsky and Yaniv Heled are law professors who study how emerging technologies like genetic sequencing are regulated. They believe that growing public interest in genetics has increased the likelihood that genetic paparazzi with DNA collection kits may soon become as ubiquitous as ones with cameras. While courts have for the most part managed to evade dealing with the complexities of surreptitious DNA collection and testing of public figures, they won’t be able to avoid dealing with it for much longer. And when they do, they are going to run squarely into the limitations of existing legal frameworks when it comes to genetics.

Subjects: Courts & Technology, Criminal Law, Discovery, Ethics, Legal Research, Privacy

Deep Web Research and Discovery Resources 2019

How big is the Deep Web? It is estimated to comprise 7,500 terabytes – although an exact size is not known, and the figures vary widely on this question. The magnitude, complexity and siloed nature of the Deep Web is a challenge for researchers. You cannot turn to one specific guide or one search engine to effectively access the vast range of information, data, files and communications that comprise it. The ubiquitous search engines index, manage and deliver results from the Surface web. These search results include links, data, information, reports, news, subject matter content and a large volume of advertising that is optimized to increase traffic to specific sites and support marketing and revenue focused objectives. On the other hand, the Deep Web – which is often misconstrued as a repository of dark and disreputable information [Note – it is not the Dark Web], has grown tremendously beyond that characterization to include significant content on a wide range of subject matters covering a broad swath of files and formats, databases, pay-walled content as well as communications and web traffic that is not otherwise accessible through the surface Web. This comprehensive multifaceted guide by Marcus Zillman providers you with an abundance of resources to learn about, search, apply appropriate privacy protections, and maximize your time and efforts to conduct effective and actionable research within the Deep Web.

Subjects: Big Data, Business Research, Competitive Intelligence, Discovery, Encryption, Privacy, Search Engines, Search Strategies

Search Warrant Issued For Amazon Echo Data

An Amazon Echo device is the subject of a prosecutor’s search warrant related to an Arkansas murder case. Nicole Black illuminates how such devices are complicating issues related to consumer privacy and vendor responses to search warrants. The ubiquity of Internet of Things (IoT) devices in homes will no doubt result in more warrants for the data they collect.

Subjects: Criminal Law, Discovery, Gadgets, Legal Research, Privacy

Evolutions in DNA Forensics

Criminal law expert Ken Strutin’s new article is yet another research tour de force – a collection of recent and notable developments concerning DNA as forensic science, metric of guilt, herald of innocence, and its emerging place in the debate over privacy and surveillance. The increasing use of DNA evidence to support assumptions of an individual’s guilt and less frequently as a tool to prove the innocence of prisoners wrongly convicted, reflects many facets of the changing fabric of the American criminal justice, the role of the Fourth Amendment and the increasing collection of a wide range of biological evidence from crime scenes whose metadata then is searchable within the national DNA database.

Subjects: Criminal Law, Discovery, Legal Research

Testing the Accuracy of Database Information Produced in Civil Discovery

Conrad J. Jacoby identifies the trend that increasingly electronically stored information (“ESI”) requested in litigation discovery originates in databases or other structured data repositories. Previously, this data was stored in discrete e-mail messages, spreadsheets, and word processing files that have long made up the bulk of most ESI document productions. Businesses creating and managing their accumulated information have discovered that they are able to extract far more utility if they store their data in a single repository and in a standardized format.

Subjects: Discovery, E-Discovery, Features, Technology Trends

E-Discovery Update: My E-Discovery Holiday Wish List

Conrad J. Jacoby’s holiday wish is for the legal community to finally develop one or more judicially accepted standards that can be used to craft consistent ways of requesting and producing information. With baseline procedures in place, both producing and requesting parties, as well as judges, will be able to make more informed decisions about the need for discovery and the way in which such discovery should be conducted.

Subjects: Case Management, Discovery, E-Discovery

E-Discovery Update: Pushing Back Against Hardcopy ESI Productions

Conrad J. Jacoby addresses how critical technology issues related to document authenticity and document-associated metadata have left fewer lawyers willing to accept e-mail messages and other electronic documents in print format. He argues that litigants choosing to produce electronically stored information in hardcopy format should be prepared to provide more complete electronic copies of their production, even when it isn’t initially requested by opposing counsel.

Subjects: Case Management, Columns, Discovery, E-Discovery, E-Discovery Update, Intellectual Property, Law Firm Marketing, Legal Research