‘Big Data”—extremely large data sets that may be analyzed computationally to reveal patterns, trends, and associations, especially relating to human behavior and interactions—is raising new challenges and ethical concerns in litigation. Many corporate legal departments are exploring new technologies, including sophisticated data processing and technology-assisted review tools. As this technology evolves, all signs point to the continued emergence of data evaluation systems based on artificial intelligence (AI) that will have the ability to analyze massive data stores, and even deduce patterns of human behavior, at a fraction of the current cost.
Big Data is increasingly prevalent in the age of the “Internet of Things,” with information that is potentially relevant to litigation, and thus targeted in e-discovery, increasing exponentially. Electronically stored information (ESI), which overtook paper discovery years ago, now involves much more than the emails and documents found on enterprise-connected computers. It also derives from social media sites like Twitter, Facebook and LinkedIn, stand-alone data storage and Internet-connected devices such as smartphones and automobile “black boxes,” and new-to-market “smart” household devices like thermostats, security systems and AI-driven home personal assistance devices like Amazon Echo, all of which store data locally and/or on the cloud.
