1. ICPL Institute for Computer Policy & Law H. David Lambert Vice President for Information Services and Chief Information Officer Georgetown University e-Discovery: Early Lessons From the Trenches

2. ICPL July 25, 2007Twelfth Institute for Computer Policy & Law2 Lesson # 1 Yes...this is for real. The acid test: “…you may want to talk to our E-Discovery practice...” E-Discovery: the Arthur Andersen/Enron Prize for Unfunded Mandates ‘Surviving’ e-discovery requires extensive collaboration between IT and Counsel’s offices.

3. ICPL July 25, 2007Twelfth Institute for Computer Policy & Law3 Lesson #2 There is no such thing as a ‘departmental’ application any longer. The balance of ‘institutional interest’ has changed forever. Central IT was never funded to support this radical shift brought about by: E-Discovery Privacy Security Business Continuity

4. ICPL July 25, 2007Twelfth Institute for Computer Policy & Law4 The changing balance of institutional interest Enterprise Systems Departmental Systems Security Privacy Business continuity E-Discovery Digitalization Availability New business requirements Enterprise Systems Departmental Systems

5. ICPL July 25, 2007Twelfth Institute for Computer Policy & Law5 Lesson # 3 E-Discovery impacts every layer and component of university technical architecture and infrastructure There is no longer such a thing as back-up; only archive Enterprise architectures and production services often don’t extend to: Departmental servers Desktops Departmental and personal back-up systems PDAs Yet that information is equally subject to discovery

6. ICPL July 25, 2007Twelfth Institute for Computer Policy & Law6 Lesson # 4 Compliance with a request or subpoena implies a level of access to desktop and personal resources that are not consistent with our organizational and operational structures.

7. ICPL July 25, 2007Twelfth Institute for Computer Policy & Law7 Lesson # 5 Based on our experience so-far, the e-discovery requests have been comprehensive and specific. E-mail Calendars Files shares (institutional and personal) Phone records (cell and office) Voice mail Academic records

8. ICPL July 25, 2007Twelfth Institute for Computer Policy & Law8 Lesson # 6 E-discovery drives up the cost of litigation to the university at a very early stage (often at pre-litigation). Examples: Replacing back up tapes Acquiring systems to back up departmental and personal environments Time burned by technical staff and counsel Including the requirement for supplemental external resources... and this is at the ‘preservation’ stage

9. ICPL July 25, 2007Twelfth Institute for Computer Policy & Law9 Lesson # 7 Responding to preservation requests puts enormous burdens on technical staff who are critical to other on- going operations and functions. Security staff Desktop support Systems administrators Counsel

10. ICPL July 25, 2007Twelfth Institute for Computer Policy & Law10 Lesson #8 The logistics associated with assuring the preservation process is completed in a timely and effective manner is complex and requires sophisticated controls. Uniform procedures for collecting and cataloging data. ‘Accountable’ procedures for assuring the preserved data is actually preserved. Procedures to assure users that the privacy of their data will be respected. Privacy has been a particularly sensitive issue.

11. ICPL July 25, 2007Twelfth Institute for Computer Policy & Law11 Lesson # 9 Processing discovery requests raises warranted concerns on the part of involved faculty and staff about privacy… It makes our security staff appear to be the ‘bad guys’, since they are the ones who show up to do the work. Procedures have been developed to protect ‘preserved’ data that we hope will make sense to the Faculty Senate.

12. ICPL July 25, 2007Twelfth Institute for Computer Policy & Law12 Lesson # 10 The individuals involved in the discovery request are nearly always the most politically powerful within the institution. Executive leadership Deans Faculty members

13. ICPL July 25, 2007Twelfth Institute for Computer Policy & Law13 Lesson # 11 There will be many more lessons when we move into the information discovery phase(s).