In 2007, Columbia Pictures v. Bunnell sent shockwaves through the legal community with its conclusion that random access memory (RAM) data, a form of “ephemeral data” with a temporary life span, was discoverable electronically stored information (ESI). Ephemeral ESI has certain defining characteristics: It is automatically created by a computer system, without the knowledge or conscious actions of the user, and it has a presumptively temporary life span.1
In response to Bunnell, legal commentators portended a discovery doomsday in which responding parties would regularly be required to preserve and produce such data at great expense.
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