Even before the adoption of the original e-discovery-related amendments to the Federal Rules of Civil Procedure in December 2006, litigants regularly sought forensic copies—or images—of computer hard drives in the discovery process, particularly when there was a risk of loss of evidence. In the early days of e-discovery, the decisional law on the right to and scope of such (then) extraordinary discovery primarily focused on requests for imaging of computer or portable hard drives.
However, with the explosion in the use of mobile devices, and their extension of the trail of relevant electronically stored information (ESI), there has been an increase in requests for imaging of mobile devices, and legal opinions that address these requests. This trend promises to continue considering the vast array of information available on smartphones, tablets and other portable devices, which now includes email; text and voicemail messages; call history; browser (Internet search) history; photographs; video and voice recording; GPS data; cellular and Wi-Fi location history; and maps and navigation history, according to “The Big Data Collection Problem of Little Mobile Devices,” by Michael Arnold & Dennis R. Kiker.
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