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More and more, evidence is gathered from computers, be it in litigation or
in criminal
cases such as fraud. The growth in computer technology has had significant
impact on the volumes of discoverable information in civil litigation and
the evidential possibilities in criminal cases.
Over 90% of all business documents are now
created electronically and it is estimated that somewhere between 35% and
70% of these documents are never converted into paper documents. As an
indication of how much paper volume we would be talking about:
a 1.44 mega bite (old fashioned) floppy disk is the equivalent of around
720 written pages of plain text. A CD Rom of 650 mega bite can hold up to
325.000 pages of plain text, a one Giga bite memory stick up to 500.000. An average server of 120 Giga bite could
therefore easily hold the equivalent of 50 million pages of of printed
text.
The categories of
electronically stored information are almost endless:
- emails and email attachments
- instant messages
- word processing files
- spreadsheets
- database files
- program files
- financial and accounting files
- human resources files
- internet and internet history files
- temporary files
- intranet files
- cache files
- cookies
- graphic files
- log files
- multi media files
- desktop faxes
- voice mail messages
- back up files
- digitised hard copy documents such as
scanned documents
- slack space data and deleted documents
As a result, computer forensic services have
significantly grown in terms of market share in the industry. However
electronic discovery and evidence gathering also brought a host of
challenges for lawyers and IT forensic specialists. The current High Court
Rules have been designed to deal with paper documents and do not provide
proper guidance (yet) as to e-requests and e-discovery obligations. Leading cases in this respect are the cases
in the US whereby computer forensics have been battled over in Court with
sometimes drastic sanctions where potential defaults were identified.
John Dierckx himself has a vast experience and certification in dealing with
(potential) computer forensic evidence and is available for strategic advice in this area. In addition to this a close
relationship exists with New Zealand Forensics. As a result we are able to offer clients,
forensically correct investigations and evidence. New Zealand Forensics is a market leader and have successfully been involved in several cases. |