Comments on: Instant Messaging to Instant Jail http://www.discoveryresources.org/electronic-discovery-community/e-lessons-learned/instant-messaging-instant-jail/ Electronic Discovery (E-Discovery) Resources, News & Information Tue, 16 Aug 2011 20:04:43 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Tanya Basu http://www.discoveryresources.org/electronic-discovery-community/e-lessons-learned/instant-messaging-instant-jail/#comment-748 Tanya Basu Wed, 18 Mar 2009 03:41:15 +0000 http://www.discoveryresources.org/?p=579#comment-748 Courtney, This particular case was taken up by the prosecution against Patrick Voorheis. However, one of the charges against him was for inciting another to commit a felony in violation of 13 V.S.A. § 7. This indicates that the mother was probably charged with at least one felony violation (and we can all guess that went something along the lines of child endangerment, exploitation, etc.). I am not sure about the answer to your second question. I am pretty sure that metadata exists for sent documents that are later deleted, but I am not sure where the changes in an e-mail document are saved in the computer memory. Courtney,

This particular case was taken up by the prosecution against Patrick Voorheis. However, one of the charges against him was for inciting another to commit a felony in violation of 13 V.S.A. § 7. This indicates that the mother was probably charged with at least one felony violation (and we can all guess that went something along the lines of child endangerment, exploitation, etc.).

I am not sure about the answer to your second question. I am pretty sure that metadata exists for sent documents that are later deleted, but I am not sure where the changes in an e-mail document are saved in the computer memory.

]]> By: Evan Harris http://www.discoveryresources.org/electronic-discovery-community/e-lessons-learned/instant-messaging-instant-jail/#comment-624 Evan Harris Tue, 24 Feb 2009 18:15:58 +0000 http://www.discoveryresources.org/?p=579#comment-624 Despite the facts of this particular case being rather revolting, the e-discovery rule that comes out of it is not surprising. I think of IMs as instant e-mails. Since e-mails are obviously e-discoverable, it makes sense that IMs would be too. If they weren't, it could create a dangerous loophole that would allow people and corporations to transmit sensitive information through IM rather than e-mail to prevent that information from later being used as evidence against them. Despite the facts of this particular case being rather revolting, the e-discovery rule that comes out of it is not surprising. I think of IMs as instant e-mails. Since e-mails are obviously e-discoverable, it makes sense that IMs would be too. If they weren’t, it could create a dangerous loophole that would allow people and corporations to transmit sensitive information through IM rather than e-mail to prevent that information from later being used as evidence against them.

]]> By: Courtney Ray http://www.discoveryresources.org/electronic-discovery-community/e-lessons-learned/instant-messaging-instant-jail/#comment-606 Courtney Ray Fri, 20 Feb 2009 18:03:41 +0000 http://www.discoveryresources.org/?p=579#comment-606 Were there charges filed against the mother in this case as well? It seems that if the jury found that the Defendant reasonably intended to use the child that they could have also sued the mother. Also, you mentioned that IMs are usually part of the backup process for employers; can computer forensic experts also see changes made to the document like in an email? Were there charges filed against the mother in this case as well? It seems that if the jury found that the Defendant reasonably intended to use the child that they could have also sued the mother. Also, you mentioned that IMs are usually part of the backup process for employers; can computer forensic experts also see changes made to the document like in an email?

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