For all the ways technology has revolutionized discovery, the advancement of mobile devices has almost stopped it dead in its tracks. Though the FBI’s legal battle with Apple is a pivotal moment for mobile e-discovery, the challenges of this practice go beyond recalcitrant manufacturers and encryption. For mobile devices are never used in a vacuum, and during discovery requests, attorneys have to consider everything from privacy regulations and organizations’ “bring your own device” (BYOD) policies to each single data custodian’s specific station.
“On a very simple, basic level, if you have to discover information, and that information happens to be on mobile devices around the organization,” said Galina Datskovsky, CEO of Vaporstream, “one of the challenges you clearly face is getting the device to come back into the organization to begin with. And that can be quite a challenge.”
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