Electronic Discovery (E-Discovery)

The objective of this chapter is to review the concept of electronic discovery(e-discovery) paying special attention to the legally established procedures for consideration as digital evidence, to the computer tools developed for obtaining them, as well as to the historical background that frame its origin. The authors review techniques and functionalities associated with advanced information systems and describe the possibilities and limits for the evaluation and exploitation of electronic discoveries in the cloud, in social networks, as well as in bring your own device (BYOD), big data, or business intelligence settings. It also includes a review of the reference frameworks, standards, and resources associated with the EDRM model (electronic discovery reference model).

Electronic Discovery (eDiscovery): Performing the Early Stages of the Enron Investigation

ABSTRACT A good investigator, whether it be in the context of an audit or a forensic investigation, recognizes the evidentiary value of digital evidence and can harness its power. The following instructional case introduces students to how digital evidence is incorporated into a forensic accounting investigation and challenges them to learn electronic discovery (eDiscovery) tools and techniques. While performing the early stages of the investigation at Enron, students gain exposure to the electronic discovery reference model (EDRM), learn the differences between structured and unstructured data, and deploy various digital search strategies. After performing their preliminary investigation, students are asked to “scope” the remainder of the investigation by creating a detailed workplan. At the conclusion of the case, students are encouraged to reflect upon their own methods of electronic communication. This encourages students to think before digitizing (and therefore memorializing) their next thought, statement, or action.