The Art of Collecting Email Evidence for Strengthening Litigation Strategies

Data Collection Must Adhere to Certain Criteria

Collected emails serve as critical electronic evidence in legal proceedings, but their value hinges on their validity and forensic integrity. To ensure the evidence is admissible and won’t be challenged the data collection must adhere to certain criteria, such as self-authentication, comprehensive scope, reliable collection methods, clear identification of collectors, error log records, and the inclusion of native files with metadata.

Given these factors and numerous other considerations, it is highly advantageous to engage a digital forensics expert for the forensic collection of emails in business civil litigation, as opposed to relying on custodians to collect their own email. Here are just a few reasons why:

Authenticity of Evidence: A digital forensics expert can authenticate the evidence by verifying that it is genuine and has not been tampered with. They can also provide expert testimony on the authenticity of the evidence and its chain of custody. A custodian may not be able to authenticate the evidence or may not be able to provide testimony on the authenticity of the evidence.
Objectivity: A digital forensics expert is objective and unbiased, they will not have any personal or business interest in the outcome of the case. A custodian may have a personal or business interest in the outcome of the case, which could lead to bias or manipulation of the evidence.
Technical Expertise: A digital forensics expert has a deep understanding of the technical aspects of digital evidence and can provide expert testimony on the technical details of a case. They have the knowledge and skills to extract, analyze, and interpret the email evidence, which can help to establish the chronology of events, identify the parties involved, and support the evidence being presented in court. A custodian may not have the necessary technical expertise to analyze and interpret the email evidence.
Compliance with Legal Standards: A digital forensics expert is familiar with the legal standards and guidelines for the collection, analysis, and presentation of digital evidence. They can ensure that the evidence is obtained and analyzed in compliance with these standards, and can help the attorney present the evidence in a manner that is admissible in court. A custodian may not be familiar with these legal standards and may not collect or analyze the evidence in a manner that is compliant with these standards.
Identification of Electronic Devices: A digital forensics expert can identify the electronic devices that were used to create or access the email and can extract evidence from those devices. They can also provide expert testimony on the use of the devices and how they were used in the incident. A custodian may not have the necessary knowledge or skills to identify and extract evidence from electronic devices.
Understanding of Trends: Digital forensics experts stay up-to-date with the latest trends in digital forensics and can provide expert testimony on the latest techniques and tools used in email forensic analysis. A custodian may not be aware of the latest trends and techniques, which could lead to evidence being missed or incorrectly analyzed.
Investigation of Cybercrime: Digital forensics experts have the knowledge and skills to investigate cybercrime, such as hacking, identity theft, and other cyber-related crimes. They can help to uncover evidence of cybercrime and can provide expert testimony on the methods used by the perpetrator. A custodian may not have the necessary knowledge or skills to investigate cybercrime.
Evidence Corroboration: A digital forensics expert can use email evidence to corroborate other forms of digital evidence — such as social media communications or financial records — to provide a more comprehensive understanding of the case and to strengthen the evidence presented in court.
Preservation of Evidence: A digital forensics expert is trained to properly preserve and collect digital evidence in a manner that is admissible in court. They can ensure that the integrity of the evidence is maintained and that it is collected in compliance with legal and ethical guidelines. A custodian may not have the necessary knowledge or skills to properly preserve and collect the email, which could lead to the evidence being corrupted or inadmissible in court.

Conclusion

Moreover, to comprehensively explore the potential of email evidence in civil litigation, it is essential to understand the various sources from which these emails can be collected. By gaining insights into the different platforms and systems involved, legal professionals can effectively navigate the digital landscape to secure crucial evidence. Let’s delve into some common sources where emails can be extracted for litigation purposes:

MS365, MS Exchange, and Google Apps: Organizations often rely on cloud-based email platforms such as MS365 (formerly known as Office 365), MS Exchange, and Google Apps for their email communication. These platforms store and manage emails in a centralized manner, making them prime sources for email collection in litigation. Digital forensics experts can access these platforms, extract emails, and preserve them as evidence. By employing specialized techniques and tools, they can navigate the intricate data structures of these platforms to ensure the comprehensive collection of relevant emails.

Gmail and Other Individual Email Boxes: Many individuals utilize popular email services such as Gmail, Yahoo Mail, AOL Mail, and others for their personal and professional communication. These individual email boxes hold valuable evidence that can contribute to civil litigation. Digital forensics experts can apply their expertise to collect emails from these accounts, adhering to legal standards and maintaining the integrity of the evidence. With proper authorization and adherence to privacy laws, they can extract relevant emails, preserving vital information for litigation purposes.

IMAP (Internet Message Access Protocol): IMAP is a standard email protocol used for retrieving and managing emails from a mail server. Unlike POP (Post Office Protocol), which typically downloads emails to a single device, IMAP allows users to access and synchronize their email accounts across multiple devices. Digital forensics experts can leverage IMAP to collect emails from various devices and email clients that support this protocol. By utilizing specialized tools and techniques, they can connect to the email servers, extract emails, and ensure a comprehensive collection for litigation purposes.

Using a digital forensics expert to forensically collect email in a business civil litigation can be beneficial as they are trained to properly preserve and collect digital evidence, they can authenticate the evidence, they are objective, they have technical expertise, they are familiar with legal standards and they can extract, analyze and interpret the email evidence to establish the chronology of events, identify the parties involved, and support the evidence being presented in court. They can also help in uncovering cybercrime and they can use the email evidence to corroborate other forms of digital evidence.

At Forensic Discovery, we’re with you every step of the way. We not only provide you with a quick collection over a variety of email sources, but also guarantee data admissibility and cut down on the time needed to sort through the data by placing all the data in a searchable and

sortable database. We provide this service, along with training, for our hosted eDiscovery review – a powerful feature for searching and sorting data.