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August 02, 2012

Can Courts Get a Grasp on Ephemeral Data?

Hand_sandHow should courts handle requests for data "that require extraordinary measures to preserve and collect?" Brian Esser and Judy Selby of Baker Hostetler examine two recent cases in Tennessee and New York involving the recovery of Internet browser histories, one of which required the services of an expert to create forensic images of a hard drive -- a pretty costly procedure.

Read the article on LTN online and ask yourself what you might do when your duty to preserve extends to temporary Internet files or the recovery of files from a hard drive's slack or unallocated space.

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