Upgrades and system changes allow IT departments to streamline efficiency and gain functionality for companies of all sizes, but many are considering an additional factor when making the change to Windows 7: litigation preparedness.

Companies across the country spend enormous amounts of time and money to locate and produce documents in the course of litigation. These electronic discovery projects can become more complex based on the particular technology and policies in place - for instance, if backup tapes are kept indefinitely, searching all of them for a specific document makes for a very expensive project.

Some companies are making IT changes independently of upgrades in order to reduce the impact of litigation on their business. However, the advent of Windows 7 is a golden opportunity for businesses to consider the e-discovery consequences from the very first implementation of a new technology. This is particularly true since some of the Windows 7 features can directly effect the creation and retrieval of electronically stored information (ESI) of interest during the litigation process.

Encryption

Windows 7 offers end users the ability to encrypt removable devices such as USB or external hard drives. If such information must be collected for litigation, the password must be available: this can create complications for collection of digital assets during e-discovery. However, working with legal counsel to develop a plan for managing documents ahead of any legal filings can make sure this feature can be used appropriately (in compliance with SOX, HIPAA, or other regulatory requirements) without negatively impacting e-discovery process.  

Backup Capabilities

Windows 7 has substantial built-in backup features beyond those included in previous operating systems. Since data is stored in a few specific locations by this program function, retrieving relevant documents becomes a more manageable task.

Free and Slack Space

Windows 7 contains a number of disk features that decrease the amount of free and slack space. These areas are often examined by forensics investigators for deleted information, and a reduction of these areas can be concerning. However, Windows 7 compensates by beefing up the “System Restore” features to now include user-directories and other user-generated content instead of simply operating system information. This gives forensics investigators a substantial advantage, since they can simply reference recent System Restore information when recovering data or performing an examination.

Managed Folders

The “managed folders” domain-level feature was introduced in early versions of Windows Server and was available for use in Windows XP; however, there were complications with implementation. The managed folders feature has been seamlessly integrated into Windows 7, Server 2008 and Server 2003 environments, and is transparent to the end user. Implementing the managed folders feature in Windows 7 allows IT administrators to control where users can save data on desktops and servers which greatly reduces the costs to locate and preserve ESI. If properly deployed, managed folders and appropriately configured Exchange servers/clients can virtually eliminate the need to collect individual desktop computers from a company. Since individual desktop computers are the most expensive and inconvenient parts of the current discovery process, utilizing this single feature can result in tremendous cost savings during e-discovery.

Summary

E-Discovery readiness is a factor that should be considered for any IT update, in addition to security and usability features. Considering these questions along with a Windows 7 upgrade can help reduce litigation costs and reduce a company’s ESI footprint. Making changes during an upgrade such as this results in only one major change to the end-user experience, which may be an important factor in corporate productivity. There are significant benefits to both the IT department and corporate management in the meantime. A thorough evaluation of any steps that can be taken to reduce a company’s ESI footprint will translate directly to reduced e-discovery costs and less burdensome litigation events.

About the Author

Dr. Gavin Manes is a nationally recognized expert in digital forensics. He is currently the President and CEO of Avansic, a firm that provides the legal, business, and government sectors with electronic discovery and digital forensics services. Dr. Manes currently holds several patents pending. He has published over fifty papers on computer security and digital forensics, and has given hundreds of presentations to attorneys, executives, students, professors, law enforcement, schools, and professional groups on topics ranging from digital forensics issues to cyber law. He has also briefed the White House, Department of the Interior, the National Security Council, and the Pentagon on computer security and forensics issues.