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Six Articles on Electronic - Craig Ball

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<strong>Craig</strong> <strong>Ball</strong> © 2007<br />

Sometimes, simply producing a table or spreadsheet detailing originating metadata values will<br />

suffice. On other occasi<strong>on</strong>s, <strong>on</strong>ly native producti<strong>on</strong> or forensically qualified imaging will suffice<br />

to carry forward relevant metadata. Determining the method of metadata producti<strong>on</strong> best suited<br />

to the case demands planning, guidance from experts and cooperati<strong>on</strong> with the other side.<br />

Bey<strong>on</strong>d Data about Data<br />

The evidentiary value of metadata will <strong>on</strong>ly increase as the world<br />

moves inexorably to digitizati<strong>on</strong> and electr<strong>on</strong>ic communicati<strong>on</strong>s.<br />

Already, some 95% of all informati<strong>on</strong> is born electr<strong>on</strong>ically, the<br />

data bound to and defined by its metadata as we are by our DNA.<br />

Metadata grows ever more vital in discovery; dictating that we<br />

move bey<strong>on</strong>d unhelpful definiti<strong>on</strong>s like “data about data,” toward<br />

an effective vocabulary to describe metadata in its many forms,<br />

and toward sensible standards governing its preservati<strong>on</strong>,<br />

Already, some 95% of<br />

all informati<strong>on</strong> is born<br />

electr<strong>on</strong>ically, the data<br />

bound to and defined<br />

by its metadata as we<br />

are by our DNA.<br />

relevance and producti<strong>on</strong>. We also must foster improved electr<strong>on</strong>ic records management<br />

practices and systems, all the while encouraging those who design and build operating systems<br />

and software to offer products better suited, not just to litigati<strong>on</strong>—at best, a tertiary c<strong>on</strong>cern for<br />

them—but to the goals of data verifiability, portability, integrity, stability and eradicati<strong>on</strong> shared<br />

by businesses and litigators alike.<br />

<strong>Craig</strong> <strong>Ball</strong> is a board certified Texas trial lawyer and computer forensics expert who serves as a<br />

court-appointed special master and c<strong>on</strong>sultant in computer forensics and electr<strong>on</strong>ic data<br />

discovery. E-mail him as craig@ball.net or via the website www.craigball.com.<br />

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