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Text Message Preservation
By Sharon D. Nelson, Esq., John W. Simek and Jesse M. Lindmar Sensei Enterprises, Inc.
With an average of 193.1 billion text messages sent every month in the United States, the importance and use of text messages in litigation is ever-increasing. As a consequence, the importance of text message preservation for e-discovery is also growing. Understanding how text messages can be preserved and the pitfalls to avoid is essential. While we recommend engaging the services of a digital forensics service provider who is familiar with the complexities of mobile phone forensics, there are certain situations in which the end-user can at least create a preserved, forensically sound copy that a digital forensics expert can later access and produce data from.
For the purpose of this article, we are assuming that the text messages are sent or received by a mobile telephone. We’ll start by lumping most of the mobile phones in use today into two major categories: Smartphones and Feature Phones. The most popular Smartphones would include Apple’s iPhone, Google’s Android, Microsoft’s Windows Phone, and RIM’s BlackBerry devices. Feature phones are pretty much everything else; having some of the basic “features” of smartphones, but lacking in overall integration with the phone’s operating system and hardware, and with limited user-customization options.
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The Emerging Case Law on Software-Assisted Document – Review and Our Next 5 Year Mission
This is the prepared written text for Jason R. Baron‘s opening keynote talk for the Seventh Circuit Electronic Discovery Workshop on Computer-Assisted Review.
I wish to thank Chief Judge Holderman and Judge Nolan for this very special invite to speak. And I also wish to thank Sean Byrne for pulling this whole thing off. It’s an honor and more than a little humbling to be speaking in front of a veritable College of Cardinals of e-discovery that are assembled here today, but I will attempt to do my best to be just provocative enough so that no one goes to sleep right after lunch.
My late Dad was an aeronautics professor at MIT, and at age eight he brought me to meet Carl Sagan at the Harvard Astrophysical Observatory — so I can’t help it if I give talks with space age puns in the title, or make allusions to same.
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