The source, subject matter, and resting location of data may be relevant in resolving conflict of law issues in discovery and disclosure. How companies structure and implement data systems will become increasingly important in the international discovery and disclosure of electronically stored information. Current IT architecture can dramatically impact future litigation issues.
The internet is growing; data is flowing. It is now possible to create, view, manage, and export data from almost anywhere to almost anywhere. Or is it? One of the issues companies face is the clash between the borderless realm of cyberspace and the physical world of geopolitics. Put another way, how do we effectively impose, police, and enforce jurisdictional laws of privacy, security, disclosure, and discovery when data is created, stored, and moved seemingly frictionlessly through the internet? Furthermore, how does the structure that we use for our IT systems impact those questions in the future?
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