An early Christmas present from Cernam: Capture & Preserve preview
In January we will be launching Capture & Preserve, our purpose-built technology for evidential capture of online content. For a preview of what’s to come take a look at the preview video below, which shows some of the key features in the context of a commercial lawsuit.
Cernam Capture & Preserve allows for the forensically-sound capture of online evidence including content from basic websites, message boards, social networking sites, cloud-based services and web-based enterprise applications. In designing Capture & Preserve we set out to bring forensic rigour to online evidence, moving this field away from screenshots and printouts, towards the type of trustworthy evidence required for digital forensics.
We look forward to sharing more details in the New Year. If you would like to hear more about Cernam Capture & Preserve in the meantime we would love to hear from you, either by email (info@cernam.com) or on Twitter (@CernamOE).
Announcing Cernam’s partnership with GuardTime
We are pleased to announce a partnership with GuardTime, developers of a unique system for digital signatures and secure time-stamping. GuardTime’s Keyless Signatures technology has been integrated within Cernam’s core technology, “Cernam Capture & Preserve”, which enables forensically-sound collection of evidence from websites, social networks, message boards, web-based applications, cloud services and other online sources. As we finalize the beta release of Cernam Capture & Preserve we are delighted to highlight our strategic partnership with GuardTime which represents a key element in our technology for handling online content as digital evidence. Read more
This Week in Online Evidence – August 12th 2011
From the Cernam blog
This week we posted a technical podcast discussing a recent project to spec and build a portable workstation tuned for high-volume digital forensics - take a listen!
Online Evidence in Litigation
Eric Goldman at the Technology & Marketing Law Blog reports on a California case involving identification of financial message board participants: ”Defamation Claim Over Stock Board Discussion Easily Dismissed--Desai v. Clark”
Social Media Evidence
Michael Lackey of Mayer Brown in Washington DC discusses the increasingly central role of social media in litigation: “Michael Lackey Jr. on E-Discovery and the Rise of Social Media” (video)
Mara Zazzali-Hogan of Gibbons in Newark highlights a new example of plaintiff’s Facebook content undermining their case: “How a “Stink Bomb” E-Mail and Its Proof That Facebook Pictures Were Deleted Might Have Blown Up a $10.6 Million Verdict”
Ira Pilchen of the ABA summarizes a panel discussion at the ABA’s Toronto conference regarding the impact of social media on the courts: “Social Media Has Benefits and Pitfalls for Courts, Panelists Say” Read more
This Week in Online Evidence – August 5th 2011
Social Media Evidence
Christopher Boehning and Daniel Toal of Paul Weiss in New York outline legal ethics issues around the use of online evidence: ”Ethical Bounds of Using Evidence From Social Networks”
Social Media & Employment Law
Daniel Ornstein of Proskauer in London discusses social networking misuse with Metropolitican Corporate Counsel: ”Employee Misuse Of Social Networking Found At 43 Percent Of Businesses, According To Proskauer International Labor & Employment Group Survey”
Patrick Collins of Norris McLaughlin & Marcus in New Jersey is interviewed on social media employment law issues: ”Social Media In The Workplace: The New Frontier”
Philip Gordon of Littler Mendelson in Denver discusses recent developments in Facebook terminations: ”When Can Employers Lawfully Fire an Employee for an Offensive Facebook Post? Ask the NLRB” Read more
This Week in Online Evidence – July 29th 2011
Online Evidence in Litigation
Michelle Sherman of Sheppard Mullin in Los Angeles outlines the legal and practical issues in unmasking anonymous online authors: “Anonymous Bloggers And The First Amendment: When And How Your Company Can Identify Its John Doe Defendants”
Wendy Akbar of Quarles & Brady in Phoenix continues her series on the ethical issues for attorneys attempting to obtain online evidence: “Dr. Seuss, Cheese and Social Media, Part II: Ethical Pitfalls, Pretexting and Duties of Candor”
Social Media Evidence
An article from William Mitchelle College of Law in Saint Paul discusses the importance of online evidence in combating insurance fraud: “Social media and insurance fraud—Professor Gregory Duhl and attorney Jaclyn Millner explain”
Social Networking & Juror Misconduct
Mark Hughes in the Telegraph reports comments from the UK attorney general regarding online jury integrity issues: “Facebook could threaten jury trials in UK, attorney general warns” Read more
This Week in Online Evidence – July 22nd 2011
Online Evidence in Litigation
M.E. Kabay and Gordon Merrill at Network World discuss potential difficulties posed by cloud computing in e-discovery: “Can you comply with court orders for data from the cloud?”
Social Media Evidence
Gibson Dunn’s summary of e-discovery developments in 2011 highlights the use of social media content as evidence: “2011 Mid-Year E-Discovery Update” Read more
This Week in Online evidence – July 15th 2011
From the Cernam Blog
This week we published our first podcast which features three of our team discussing Google+ as a source of digital evidence. You can listen to the podcast on our blog (“Podcast: Introduction to Google+ as a source of online evidence”) or download it via Soundcloud.
Online Evidence in Litigation
Alan Aucoin of Blakes in Toronto outlines how dispute resolution has been affected by social media: “Use of Social Media in Dispute Proceedings”
Scott Etish of Gibbons in Philadelphia discusses the identification of anonymous Internet users: “Caution to Anonymous Internet Posters - Your Cover Might Be Blown” Read more
Podcast: Introduction to Google+ as a source of online evidence
For our first attempt at a podcast we thought Google+ (Google’s new social network) would be a timely and interesting topic. Since the launch of Google+ just two weeks ago it has generated enormous public interest and several million users. Based on the level of interest and the features of Google+ we believe it will become an important source of online evidence, particularly in terms of e-discovery. We will therefore be tracking Google+ closely over the coming weeks and months and have recorded a short 30-minute podcast to supplement our introduction to Google+ from last week.
This Week in Online Evidence – July 8th 2011
Highlight - Procter & Gamble sign up 18,000 employees for Box.net
Our highlight for this week is the news that Box (formerly Box.net, the online collaboration service) have signed Procter & Gamble as a client. Per Robin Wauters at Techcrunch (Box Scores A Big Enterprise Deal), Box will be providing content sharing and collaboration services for 18,000 P&G employees around the world. The scale of this deal reinforces the maturity of online productivity services and the increasing enterprise adoption of what would once have been seen as consumer services. Congratulations to Box on a fantastic win and a significant milestone for online collaboration services. Read more
Google+, the latest social network and newest source of evidence
After a very long wait, Google last week launched their new social networking service, “Google+”. Coming on the heels of several disappointing Google product launches, including the spectacular failure of Google Wave, you would be forgiven for not having high hopes for Google+. However, having used the service for several days we believe Google+ might well make an impact and that, if successful, it will become an important new source of online evidence.
As we have highlighted in our recent posts on Apple iCloud and Facebook’s new Messages system, it is essential to track and understand emerging technologies so that they become an opportunity rather than an issue in identifying and collecting digital evidence. In this post we will therefore introduce Google+ and look at some of the features which could prove interesting in terms of online evidence and investigations.
