SmartPhone discovery is heavily dependent on experts. What steps need to be done to ensure no data is lost? What are the best collection strategies? Can there be a targeted collection on BYOD devices? If not, how can data be reviewed?
Brad and Russ also discussed the following hypothetical, giving great insight on how to approach mobile forensics:
Executive at start-up uses personal cell phone for work. Receives work email and personal. Executive is an active texter, who communicates with her family by text and business partners.
Executive is sitting at a stoplight when sideswiped by another car. Other driver is at fault. She takes photos of the damaged cars. One is texted to her husband that she is ok, followed by an email from her personal account to her insurance agent with a photo of the damage. Executive also emails business partners to say she was hit by a car and will not be in the office.
What is your collection strategy to only acquire data relevant to the accident? How would you not collect company confidential information? How would you collect potentially privileged data protected by the spousal communication privilege?
Josh Gilliland is a California attorney who focuses his practice on eDiscovery. Josh is the co-creator of The Legal Geeks, which has made the ABA Journal Top Blawg 100 Blawg from 2013 to 2016, the Web 100 from 2017 to 2018, and was nominated for Best Podcast for the 2015 Geekie Awards. Josh has presented at legal conferences and comic book conventions across the United States. He also ties a mean bow tie.