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Showing Blog Posts: 71–79 of 79 tagged Compliance

  • 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 -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, …

  • Why the CSO/CISO Should Care About eDiscovery - Part 2 -

    by Stephen Wu on October 24, 2008

    Legal risks related to electronic discovery present perhaps the most significant emerging enterprise information risk, but this new risk also provides a unique opportunity for the CSO/CISO to increase his or her strategic contributions to the enterprise. In everyday civil (and criminal) litigation. and regulatory investigations and proceedings, electronic discovery ("eDiscovery") presents perhaps…

  • Definitions Matter in Electronic Discovery

    by Stephen Wu on October 4, 2008

    Court decisions focusing on the format of production for electronically stored information (ESI) have typically taken a hard line on inartfully crafted discovery requests. The Federal Rules of Civil Procedure, as amended in 2006, permit a party to request ESI, and gives the requesting party the option to choose format (for example, native data format, .tiff, or even .pdf files). If the party…

  • Welcome to the eDiscovery, Digital Evidence and Cybersecurity Law Blog

    by Stephen Wu on September 30, 2008

    The information security and legal worlds began traveling on an accelerated convergence path in 2006. Two major developments contributing to this convergence: The 2006 amendments to the Federal Rules of Civil Procedure, and the tsunami of digital information destined to become digital evidence generated. Other legal developments involve constitutional issues involving privacy, identity theft, and…

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