I just found this E-Discovery and Digital Forensics GEC conference via my search radar. Is this a good indicator that the e-discovery waves have reached the shores of Asia? I am sure there are other Asian regional and local meetings and conferences on e-discovery being hosted amongst other annual conferences and events. Perhaps soon there will be e-discovery related blogs emerging from the East.
I guess e-discovery related news and information are slowly but surely spreading across boundaries. The spread is further amplified with the recent security related news stemming from China and also news that there are now more internet users in China than in the US. Are you surprised? (Do your google search if you need convincing).
I recently downloaded the online chat application, ‘qq’ with the view to help me improve my mandarin writing and reading. However, I was informed by my Chinese friend that the security aspect of qq is not ‘secure’. She further added that I can buy some ‘security’ if I am willing to pay. Mmm..without going into the details, qq uses a business model unlike Skype or Messenger. I doubt the ‘security’ model (payment application driven) will bypass whatever the higher authority has in place or in mind.
To me, dealing with e-discovery without knowing or being aware of digital forensics and the various security models (and also the underpinning or overarching laws and rules) is like driving across the international borders without a guide (local or specialist person) and/or a Sat Nav device/system. Which is more important, a human guide or a Sat Nav device? I guess the answer is ‘it depends…’?!
It depends on a multitude of human and non-human factors/elements and as shown by the GEC Conference, digital forensics and privacy laws are picked to address some of the challenges underpinning e-discovery in cross-border litigation. A recent publication from Herbert Smith, ‘A Guide to Dispute Resolution in Asia 2009‘ provides some handy information with mention of electronic communications, e-mails, electronic document and electronic filing but no mention of e-discovery. Maybe the next Asian edition/publication will feature e-discovery.