Blogs

  • Why the CSO/CISO Should Care About eDiscovery Part -8-

    by Stephen Wu on March 10, 2009

    Part -8- Why the CIO/CISO Should Care About eDiscovery (and Digital Evidence) From the perspective of information security and within the context of the Information Life Cycle, the new risks created by the emergence of ESI as a key component of discovery represents another organizational risk category that must be added to the existing data life-cycle management risk-set. Litigation risk must be…

  • Why the CSO/CISO Should Care About eDiscovery Part -7-

    by Stephen Wu on January 21, 2009

    Part -7- The Federal Rules of Evidence The Federal Rules of Evidence (FRE) provide a Court with rules about whether and upon what circumstances evidence may be considered admissible at trial. These rules were written in the era of the non-electronic, paper-and-ink, or physical evidence world, at a time when when paper records were the norm, and when such paper records constituted the most…

  • Why the CSO/CISO Should Care About eDiscovery Part -6-

    by Stephen Wu on January 1, 2009

    ESI Admissibility Strategy The previous section identified "presentation" as a critical phase in the discovery process. That section discussed how enterprise ESI is evaluated to determine its admissibility as evidence. Is there a fundamental strategy that can be taken? The answer depends upon whether the enterprise is the plaintiff or the defendant in a lawsuit. Accordingly, there are two…

  • Case Law Update - Spoliation Leads to Terminating Sanctions and Possible Referral to U.S. Attorney

    by Stephen Wu on December 9, 2008

    The October 15, 2008 Magistrate Judge's Report and Recommendation, which in early December was approved by the District Court Judge (together with an "Order to Show Cause" why the spoliating party should not be referred to the U.S. Attorney's office for possible criminal violations) provides a good "what not to do" list for digital evidence management. One takeaway for enterprise: Employers can't…

  • Authentication Requirement for Digital Evidence Admissibility

    by Stephen Wu on November 25, 2008

    The Bankruptcy Court in the Central District of California issued a decision in October following the Vinhnee approach to digital evidence authentication. It bears repeating that in order to have evidence considered by a jury (or a judge, in Bankruptcy court) it must first be authenticated in accordance with Federal Rules of Evidence Rule 901. The Bankruptcy Court in In re Vargas, --- B.R---, …

  • Why the CSO/CISO Should Care About eDiscovery Part -5-

    by Stephen Wu on November 13, 2008

    Part -5- eDiscovery Leads to Digital Evidence The path to enhanced CISO understanding of the importance (to the enterprise) of rock solid digital evidence generation must first traverse the twists and turns fo the electronic discovery process. The pathway through eDiscovery may best be described though what is called the Extended Electronic Discovery Reference Model (EEDRM). The model is extended…

  • A New Administration Will Bring New Cybersecurity Regulatory Challenges

    by Stephen Wu on November 5, 2008

    America awoke this morning to a new President-Elect, Barack Obama, who swept to power in an historic election. With the change in administration, our attention as information security professionals naturally turns to the effect of the election on information security regulation and regulatory enforcement. In the past eight years, the Bush administration has neither pushed new information security…

  • Why The CSO/CISO Should Care About eDiscovery Part -4-

    by Stephen Wu on November 1, 2008

    Part -4- Recent Landmark Legal Precedents and Opinions Two important court decisions indicate an early trend underscoring the importance of eDiscovery and digital evidentiary issues to the CSO/CISO. The first case, In re Vee Vinhnee, 336 B.R. 437 (9th Cir. BAP 2005) is a precedent setting case in which the court excluded Amex's own corporate records offer of evidence necessary to establish its…

  • Why the CSO/CISO Should Care About eDiscovery Part -3-

    by Stephen Wu on October 25, 2008

    Part -3- The Evolving Landscape of eDiscovery There are three forces that are having an increasingly important influence in the ongoing evolution of eDiscovery processes. The first is the overwhelming predominance of corporate information generated and stored electronically. The second force is the December 2006 amendments to the Federal Rules of Civil Procedure (FRCP) which for the first time in…

  • Security Implications of "Custody and Control"

    by Stephen Wu on October 25, 2008

    The terms "custody" and "control" should be very familiar to cyber-security stakeholders. We are, after all, concerned with internal security issues pertaining to role, access and location management as well as identity management. Note that data location means real or virtual, for those cloud type schema. It's well understood that data can't be protected unless we know what we want to protect, …

This document was retrieved from http://www.rsaconference.com/blogs on Tue, 29 Jul 2014 00:37:56 -0400.
© 2014 EMC Corporation. All rights reserved.