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Computer Forensic and E-discovery Emerging Issues, Say Experts

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PCQ Bureau
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face="Times New Roman, serif">In

the new e-world much of the information in public and private

corporations and government is maintained in electronic mode.

Litigation and forensic investigations now to a great extent depends

on
computer forensic and e-discovery. On the hindsight, color="#333333">if

businesses have a sound e-discovery mechanism many financial frauds

can be anticipated and prevented before they occur, say computer

forensic experts. Experts were in the city to participate in a

three-day international conference on Computer Forensics and

e-Discovery organized by BDO, the world's fifth largest global

public accountancy network. The conference kick started on September

21.

color="#000000">Electronic

discovery

or e-discovery refers to a process in which electronic

information is sought and searched

with the intention of using it as evidence in a legal case, for

corporate management, response

management, cyber security and so on. E-discovery also holds an edge

is in the fact that it can

be used as an effective measure to prevent frauds from being

committed by timely detection of suspicious

activities. Surprisingly though, despite the significance of this

field, e-discovery in India

is yet to catch the attention of companies, individuals or even law

firms. In several countries abroad,

e-discovery

is already a mainstream practice for attorneys.

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color="#000000">Points

like

these came to the fore during the three-day BDO 6th Annual

Computer Forensics and E-discovery conference held by BDO at Delhi

that kick-started on September 21. The BDO style="font-weight: normal;">international

conference on Computer Forensic and e-discovery solutions focuses on

emerging areas like IP theft, capturing of potential evidence,

Mobile forensics, and use of artificial intelligence and link

analysis which is considered as the future of digital forensics.
face="Times New Roman, serif">Key

employees on the exit path represent the single biggest threat to

businesses especially with respect

to IP thefts. Today business is transacted on smart phones which are

portable offices and it is

time that companies start using latest tools like mobile forensics to

build safeguards against fraud

risks like IP theft” said

Huzeifa Unwala, National Head, Risk Advisory Services, BDO
India.

face="Times New Roman, serif">Electronic

data can be stored in a variety of places including personal and

office computers, BlackBerry

phones, video and surveillance cameras, and even cell-phones. Such

data including electronic

information, emails, databases, spreadsheets, images, history of

websites etc can be a valuable

source of information. BDO has developed capabilities to create

'tamperproof' digital images

which are admissible as evidence in Court. This is done according to

strict protocols.
size="3">Regulation

and Litigation are becoming more common-place and increasingly

onerous around the world.

Harnessing emerging technologies to facilitate fast, accurate,

efficient — and therefore lower cost

- investigations is key to ensuring that organisations can satisfy

their statutory, regulatory and legal

requirements” said William

Wilkinson, Head of Technology Forensic, BDO UK.

face="Times New Roman, serif">The

BDO global teams often collaborate with lawyers and fraud

investigation teams where experienced

team members use state-of-the-art IT tools that enable tracking down

electronic evidence

— even after it has been deleted. BDO

Forensic experts use technology in a variety of other ways using data

mining to identify unusual

trends and transactions or capturing electronic data and digitising

hard-copy documents to comply

with disclosure orders. This enables businesses to remotely search

and access documents more

efficiently without the need for investing in expensive technology. The

experts at the conference suggested that it is possible that soon

electronic discovery will become

the norm in India as it has around the world, and multi-national

companies involved in complex

litigation will likely lead the charge.





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