| Nickname - Message |
|---|
| <alexiM> (Fri, April 20, 2001 at 13:12) hi |
| <myronE> (Mon, April 23, 2001 at 12:21) Prof. Nesson - Mike Prounis's machine is not getting access to the chat space. He is able to see the webcast. We are both in the same room. Any questions or discussions will come from me. |
| <ProfNesson> (Mon, April 23, 2001 at 12:22) ok. We're bound to hit a few problems. |
| <TF_Alexi> (Mon, April 23, 2001 at 12:25) You may be experiencing some problems with Real Player. Please be advised that this is a problem with the server that we are working on. It is not a problem with your computer. |
| <jonS> (Mon, April 23, 2001 at 12:26) well, that's good to hear, or read, i should say |
| <myronE> (Mon, April 23, 2001 at 12:26) Thanks. My player did just go blank. |
| <TF_Alexi> (Mon, April 23, 2001 at 12:26) If you are having other problems, you can email webacasthelp@cyber.law.edu or call (617) 496-6413 |
| <jonS> (Mon, April 23, 2001 at 12:27) alas, I'm not alone myron |
| <TF_Alexi> (Mon, April 23, 2001 at 12:27) Sorry, that's webcasthelp@law.cyber.edu |
| <jonS> (Mon, April 23, 2001 at 12:27) so you want us to wait while you work on it? |
| <TF_Alexi> (Mon, April 23, 2001 at 12:29) Well, anyway, while we wait, why don't we introduce ourselves. Hi everyone. My name is Alexi. I am a law student working with Prof. Nesson. I will be moderating the discussion. Why doesn't everyone else introduce yourself. |
| <TF_Alexi> (Mon, April 23, 2001 at 12:30) FYI -- Real player is back up now. Try hitting play on your players. |
| <myronE> (Mon, April 23, 2001 at 12:31) I was told that I timed out. I will log back in . |
| <jonS> (Mon, April 23, 2001 at 12:31) My name is Jon Stanley. it still is not working on my end. |
| <TF_Alexi> (Mon, April 23, 2001 at 12:31) Hi Jon -- it stopped for us as well. |
| <jonS> (Mon, April 23, 2001 at 12:32) again, that is good to know |
| <jonS> (Mon, April 23, 2001 at 12:33) anyway, I'm an attorney in Maine working in, for lack of a better word, cyberspace law |
| <TF_Alexi> (Mon, April 23, 2001 at 12:33) Hi Wendy. My name is Alexi I am a law student working with Prof. Nesson on Digital Discovery. We are just introducing ourselves now. There are currently some server problems with real player, preventing audio/video transmission. |
| <ProfNesson> (Mon, April 23, 2001 at 12:33) hi jon, we're hitting cyber problems. |
| <jonS> (Mon, April 23, 2001 at 12:34) that's ok...these things happen |
| <jonS> (Mon, April 23, 2001 at 12:34) I loved your intro article |
| <WendyS2> (Mon, April 23, 2001 at 12:34) Hi Alexi and all. |
| <WendyS2> (Mon, April 23, 2001 at 12:35) I'm an IP lawyer in New York and a Berkman Center Fellow working primarily on the Openlaw project. |
| <jonS> (Mon, April 23, 2001 at 12:35) hello wendy |
| <TF_Alexi> (Mon, April 23, 2001 at 12:36) In general, if someone responds to a specific comment, please begin your sentence with the name of the person to whom you are responding. It will facilitate our conversation. Looks like people are starting to do that already. |
| <WendyS2> (Mon, April 23, 2001 at 12:36) What kind of cyberspace law, Jon? |
| <myronE> (Mon, April 23, 2001 at 12:36) Hi. My name is Myron Eagle and I am a consultant in the area of Electronic Data Discovery. My partner, Mike Prounis is also participating. We have a new product that we are hoping will set standards for digital evidence exchange and data authentication. |
| <TF_Alexi> (Mon, April 23, 2001 at 12:36) If you refresh your browser, you should be able to get back into Real Player. |
| <TF_Alexi> (Mon, April 23, 2001 at 12:36) Or you can press f5 if you are using internet explorer |
| <myronE> (Mon, April 23, 2001 at 12:37) It worked. |
| <jonS> (Mon, April 23, 2001 at 12:37) well, I see the Prof...can't hear him |
| <TF_Alexi> (Mon, April 23, 2001 at 12:37) Are you seeing a handsome smiling face now? |
| <jonS> (Mon, April 23, 2001 at 12:37) like law school sometimes |
| <TF_Alexi> (Mon, April 23, 2001 at 12:37) He is not speaking yet. |
| <WendyS2> (Mon, April 23, 2001 at 12:38) the un-talking head. |
| <myronE> (Mon, April 23, 2001 at 12:38) He smiles, blinks and winks, but does not utter a sound. |
| <TF_Alexi> (Mon, April 23, 2001 at 12:38) There may be about a ten second lag between the display and the real-time chat. |
| <jonS> (Mon, April 23, 2001 at 12:39) I can't see him moving anymore...maybe trouble on my end |
| <jonS> (Mon, April 23, 2001 at 12:39) just lost it again |
| <myronE1> (Mon, April 23, 2001 at 12:40) We lost the llink again, sorry to say. |
| <TF_Alexi> (Mon, April 23, 2001 at 12:40) Well, we keep coming close, and then Real server drops again. What would life be like without a little adventure? |
| <jonS> (Mon, April 23, 2001 at 12:41) Do we start Discovery against Real Player? |
| <TF_Alexi> (Mon, April 23, 2001 at 12:41) Anyway, while we are waiting, maybe someone would like to say something about how preservation orders have changed in the digital world? |
| <TF_Alexi> (Mon, April 23, 2001 at 12:41) What are the risks of preserving digital information? |
| <jonS> (Mon, April 23, 2001 at 12:41) great alexi |
| <jonS> (Mon, April 23, 2001 at 12:41) in my opinion |
| <TF_Alexi> (Mon, April 23, 2001 at 12:42) For example, what if plaintiffs seek an order to preserve all information, digital, hard drives, email, etc. What would the impact of such an order be? |
| <WendyS2> (Mon, April 23, 2001 at 12:43) It can tremendously increase the expense of litigation, which may be part of what the plaintiffs want. |
| <jonS> (Mon, April 23, 2001 at 12:43) I assume the answer would depended, first of all on the IS the def has, or has not |
| <TF_Alexi> (Mon, April 23, 2001 at 12:43) Great Wendy. How do you envision the expense increasing? |
| <WendyS2> (Mon, April 23, 2001 at 12:44) It's that much more material to retrieve, for one.... |
| <WendyS2> (Mon, April 23, 2001 at 12:44) for the specifics, it may be stored in old, inaccessible formats, |
| <TF_Alexi> (Mon, April 23, 2001 at 12:45) Perhaps a defense attorney might speculate on how to put such an order into effect. What exactly would it entail to put such a preservation order into action? |
| <jonS> (Mon, April 23, 2001 at 12:45) but doesn't the question depend on what system is there in the first place wendy? |
| <jonS> (Mon, April 23, 2001 at 12:45) at to cost and trouble I mean |
| <ProfNesson> (Mon, April 23, 2001 at 12:45) I'm sorry we're having such problems with the streaming ventures. We hope that this will be up and running within the next few minutes. Thank you for your patience -- we believe the experience, once we get underway, will be rewarding. Stay with us. |
| <WendyS2> (Mon, April 23, 2001 at 12:46) sure, but discovery hasn't often been one of the main concerns as new technologies are rolled out |
| <TF_Alexi> (Mon, April 23, 2001 at 12:46) Wendy, do you see practical differences between active data (currently used servers, etc.) and inactive data, stored on backup tapes. Are there difficulties in searching, etc. |
| <SethR> (Mon, April 23, 2001 at 12:46) Does anyone have video or audio? |
| <WendyS2> (Mon, April 23, 2001 at 12:46) ao many organizations don't put retention policies into place until they've been bitten once |
| <TF_Alexi> (Mon, April 23, 2001 at 12:47) i wonder how many companies, when implementing data systems, contemplated the need to search them... |
| <jonS> (Mon, April 23, 2001 at 12:47) correct, but I repeat, then does not the answer to the question start with what kind, if any, system we are talking about? |
| <WendyS2> (Mon, April 23, 2001 at 12:48) even with a well-considered plan, however, email seems to collect information that otherwise would have been c onveyed only by voicemail or throwaway notes |
| <jonS> (Mon, April 23, 2001 at 12:48) agreed |
| <TF_Alexi> (Mon, April 23, 2001 at 12:48) Should deleted emails still be fair game? |
| <jonS> (Mon, April 23, 2001 at 12:48) that depends on the fact pattern...does it not/ |
| <TF_Alexi> (Mon, April 23, 2001 at 12:49) Indeed it does, Jon, but are there general arguments for why deleted emails should be outside the sphere of discoverable info altogether? |
| <WendyS2> (Mon, April 23, 2001 at 12:49) In the "search for truth", sure, until you begin to ask whether such a policy would deter the info from being exchanged in the first place. |
| <TF_Alexi> (Mon, April 23, 2001 at 12:50) Since emails are often so casual, in implementing a retention policy, would you include requirements or suggestions for use of emails at work? |
| <jonS> (Mon, April 23, 2001 at 12:50) deter what? what kind of info an for what purpose? |
| <PROFCharlesNesson> (Mon, April 23, 2001 at 12:50) 1Hello, all. |
| <jonS> (Mon, April 23, 2001 at 12:50) maybe something SHOULD be detered...maybe not |
| <PROFCharlesNesson> (Mon, April 23, 2001 at 12:50) 1As you all know, we are experiencing some technical difficulties. |
| <jonS> (Mon, April 23, 2001 at 12:50) yes Alexi, I would |
| <TF_Alexi> (Mon, April 23, 2001 at 12:51) Jon, how would you make such suggestions effective? |
| <WendyS2> (Mon, April 23, 2001 at 12:51) I'm thinking about the analogy to attorney-client privilege... |
| <PROFCharlesNesson> (Mon, April 23, 2001 at 12:51) 1My suggestion is that we give up for the time being on the webcast and all join together in the same discussion group. |
| <jonS> (Mon, April 23, 2001 at 12:51) whatever you suggest Prof |
| <PROFCharlesNesson> (Mon, April 23, 2001 at 12:51) 1Everyone, please type the following exactly, without the quotation marks: |
| <PROFCharlesNesson> (Mon, April 23, 2001 at 12:52) 1"/join #dd0" |
| <SethR> (Mon, April 23, 2001 at 12:52) ljoin#dd0 |
| <PROFCharlesNesson> (Mon, April 23, 2001 at 12:52) 1Please call 617-496-6413 if you have trouble. |
| <TF_Alexi> (Mon, April 23, 2001 at 12:52) Seth - use slash, not l |
| <jonS> (Mon, April 23, 2001 at 12:52) /join #ddo |
| <PROFCharlesNesson> (Mon, April 23, 2001 at 12:52) 1A separate window should open. |
| <TF_Alexi> (Mon, April 23, 2001 at 12:52) This will put all of us in one big discussion group. |
| <WendyS2> (Mon, April 23, 2001 at 12:53) Zero, not oh |
| <TF_Alexi> (Mon, April 23, 2001 at 12:53) Also, the o is a zero, not o |
| <PROFCharlesNesson> (Mon, April 23, 2001 at 12:53) 1Sorry guys - it was dd zero, not dd-oh. |
| <TF_Alexi> (Mon, April 23, 2001 at 12:54) Has everyone in this group reached the new large discussion group? Anyone having problems? |
| <TF_Alexi> (Mon, April 23, 2001 at 12:55) Myron -- try using zero not o. It is /join #dd0 |
| <jonS> (Mon, April 23, 2001 at 13:04) i can see you again, but I can't hear you. too much static |
| <jonS> (Mon, April 23, 2001 at 13:05) i can hear you!!!!!! |
| <SethR> (Mon, April 23, 2001 at 13:05) we hear now, thanks |
| <myronE> (Mon, April 23, 2001 at 13:05) audio loud and clear |
| <SethR> (Mon, April 23, 2001 at 13:05) do we rejoin the #dd3 group? |
| <TF_Alexi> (Mon, April 23, 2001 at 13:06) lets stay in the large group. If you can't get back in, type /join #dd0 |
| <jonS> (Mon, April 23, 2001 at 13:23) my answers just vanished from my screen. Did you get them? |
| <AlexiM> (Mon, April 23, 2001 at 13:23) yes jon. Thanks |
| <AlexiM> (Mon, April 23, 2001 at 13:51) Hi folks -- Thanks again for taking part today. We will be in contact over the week with responses to your posts |
|
|
|