When I first looked at remote collection tools to gather electronically stored information relevant to civil litigation or government investigation, I looked at self-collection tools from AccessData, Guidance Software, Hill Schwartz Spilker Keller, and Pinpoint Laboratories. Since then, Integreon upgraded its Seek and Collect product to version 2 and HSSK will soon have a new self-collection product exclusively distributed by IKON Office Solutions.
Before looking at some of the updates, there are basically two technology options for remote collection:
1. Whole-disk duplication;
2. Targeted collection.
The legal options for remote collection are the same as the technology options. Courts have not determined a best practice in remote collection and selecting either technology goes to the client's e-discovery requirements agreed to by the parties and approved by the court.
From my first story on remote collection, we know that whole-disk duplication is easy, as long as the custodian's source drive disk requirements are met by the collector's target drive. A custodian plugs the drive duplicator in and after the time it takes to duplicate the drive, the collection is complete. It is not only easy, but definitive in scope and exact in time.
Although disk duplication may collect more than you need from the custodian, what is "more" when you can view "less" with search tools and filtering algorithms to get to the information that is relevant and responsive to the matter at hand. And the nice thing about disk duplication is that if the requirements for e-discovery change, you have the whole enchilada and you do not have to return to the custodian for more data, which has no doubt moved on since you last collected. And that may spell "spoliation," if indeed you need to return for some reason.
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Source: law.com
By: Sean Doherty
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