Notes
Outline
Practicing Law
in the
The Digital Millennium
The Digital Difference
what “stuff” really matters:
Digital stuff is fast
As in DSL
Digital stuff is cheaper
As in CD-ROM
Digital stuff is accessible randomly
As in DVD
Digital stuff is easily modified
As in word-processing
Why do we care?
Maricopa County Courthouse now has eight electronic (digital) courtrooms open with more to come
New Federal Courthouses in both Phoenix and Tucson will have Computer Integrated Courtrooms (CIC)
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The Federal Court System
eCourts in all new courthouses
Retrofit in many existing courthouses
Leading the way to universal adoption of eCourt technology
Digital IT Levels the Playing Field
Cost has dropped dramatically in the last two  years
Digital Imaging and Presentation make the presentation of evidence more efficient
Some courts are requiring all lawyers to use  digital imaging and presentation
THE DIGITAL WORLD SURROUNDS THE COURTHOUSE
The natural extension of electronic office and court filing
The rise of electronic discovery
Projected savings of 20% or more
The Growing Availability of Inexpensive Bandwidth
Rapidly expanding supply of fiber, much of it “dark fiber”
Rapidly expanding access to broadband networking
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What the near future holds:
   Internet2 will replace the current Internet infrastructure. This new network will have a higher-bandwidth and speeds 1,000 times faster than today's Internet.
Pretrial Preparation
Online Document Management
Document Repositories
Electronic Discovery
eDiscovery
The process of reviewing computer generated files. These files may have been created by computer applications such as Word, WordPerfect, and Excel, or e-mail programs such as Outlook or Lotus Notes
Definitions
Application Files – computer files generated by a software program.
Tiff Images – computer files that are in a graphic (picture) format.
E-mails – messages that are in an e-mail program such as Outlook or Lotus Notes.  These files are normally stored in large, unreadable database format.
E-mail Attachments – application files or other e-mail messages that are attached to an e-mail message.
Definitions
Meta Data – the who, what, when, and where of a file.  Data that the computer stores about the file such as date created, file location, last modified, etc.
Media Storage Device – Devices such as hard drives, floppies, zip, Jaz, fire wire, and CD-Rom that stores computer files and programs.
Backup devices and software – programs and storage devices such as tapes or cartridges used to backup all computer files for safekeeping.  Normally you must have the same software and backup drive to restore the information.
The Process
Data Mining – create an inventory of all files; ‘Meta Data’ information captured; file types are determined.
Documents are processed based upon known file types.
Processed documents are printed or converted to an image file, or both.
Error log is created for all unknown file types.
Meta Data can be exported
Searchable text can be exported
Image files can be numbered, branded, and all necessary import files created
Forensic Discovery
Deleted files may still exist on the hard drive even though it is not visible from the operating system.
The original media device can be analyzed to recover available deleted files for discovery purposes.
Not all deleted files can be recovered.  Deleted files remain on the hard drive until a new file occupies the deleted files space.  Partial files may exist.
Expected Results
Blowbacks – files to paper.
Tiff Images – files converted to a graphic file.
PDF files – files converted to Adobe PDF format.
Meta data – extraneous information about the file that can be imported into a database.
Searchable Text – all text from the application file removed and can be imported into a full-text search database.
E-mail coding – information from the e-mail such as to, from, subject, date, etc. can be imported into fields of a database.
Digital Transcription
Random Access to Video/Audio Record
Real-time Conversion to Text
Language Translation
Electronic Appellate Transcripts
Playback for jury
Daily video transcripts
Digital Video Depositions, electronic “transcripts” and Trial Records (JAVS)
Courtroom Display
Holographic Imagery:
 This Hologram Was Produced Directly From Output of a CAD (Computer-automated Design) Program.
Holographic Witness Presentation
Michigan Considers a CyberCourt
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