Metadata For Lawyers What It Can And Cannot Prove

METADATA · AGUIDEFORUKLAWYERS Metadata for Lawyers: What It Can and Cannot Prove Reading the Data About the Data Without Being Misled by It COMPUTERFORENSICSLAB § ABOUTTHEAUTHOR PRE PA REDBYCOMPUTERFORENSICSLABE - DISCOVERYTEAM MANIPULATION EXAMINATION CPR PART 35 EXPERT REPORTS FULL CHAIN-OF-CUSTODY DOCUMENTATION § CONTENTS In this guide 01 Executive summary 02 The problem in plain English: the data about the data 03 The metadata families: file system, application, communication and media 04 What rewrites metadata innocently: copies, migrations and sync 05 Reading fields safely: corroboration before conclusion 06 Metadata as manipulation evidence: backdating and its signatures 07 Preserving and producing metadata: collection to load file 08 Source architecture: where else the evidence lives 09 Worked examples 10 Common mistakes and technical limitations 11 Questions to ask · Suggested wording 12 Checklist and red flags · When to involve a digital forensic expert 13 Frequently asked questions 14 Glossary · References · Disclaimer · How a specialist laboratory can assist § 0 1 · ORIENTATION Executive summary THEHEADLINEPOINT : EVERYMETADATAFIELDRECORDSASPECIFICTECHNICALEVENT : KNOWWHICHEVENT , CORROBORATEACROSSSOURCES , ANDPLEADEXACTLYTHAT § 0 2 · FIRSTPRINCIPLES The problem in plain English: the data about the data § 0 3 · THEFAMILIES The metadata families: file system, application, communication and media § 0 4 · THEINNOCENTREWRITES What rewrites metadata innocently: copies, migrations and sync § 0 5 · SAFEREADING Reading fields safely: corroboration before conclusion § 0 6 · THEMANIPULATIONSIGNATURES Metadata as manipulation evidence: backdating and its signatures § 0 7 · CUSTODYOFTHEFIELDS Preserving and producing metadata: collection to load file § 0 8 · THEWIDERMAP Source architecture: where else the evidence lives QUESTION CLOUD FILE'S OWN COMMUNICATION COUNTERPART DEVICE BACKUPS / FIELDS RECORD COPIES ARTEFACTS ARCHIVES DMS / PLATFORMS § 0 9 · INTHEWILD Worked examples EXAMPLE1 · THEANOMALYTHATWASALAPTOPREFRESH EXAMPLE2 · THE2019AGREEMENTWRITTENBY2022SOFTWARE EXAMPLE3 · THEPHOTOTHATPLACEDTHEPHOTOGRAPHER § 1 0 · WHEREITGOESWRONG Common mistakes and technical limitations Common mistakes Technical limitations § 1 1 · INTERROGATORIES & DRAFTINGAIDS Questions to ask · Suggested wording Ask your client Ask your opponent Ask your eDiscovery / forensic provider SUGGESTEDWORDING · M E TA DATA PA R AG RAPHFORTHEDISCLOSUREPROTOCOL § 1 2 · QUICKCONTROL Checklist and red flags · When to involve a digital forensic expert The metadata checklist Red flags When to involve a digital forensic expert § 1 3 · COMMONQUESTIONS Frequently asked questions Can metadata prove when a document was really created? The author field names our opponent. Is that proof they wrote it? A key document's dates look wrong. Manipulation? Does emailing or copying a document really destroy metadata? Our documents were produced as PDFs and the other side now questions their dates. Are we stuck? Is metadata admissible, and how much weight does it get? § 1 4 · REFERENCE Glossary EXIF XMP Sources and authoritative references DISCLAIMER § HOWASPECIALISTLABORATORYCANASSIST Working with Computer Forensics Lab Speak to a forensic examiner, not a salesperson. INSTRUCTTHELAB NEWENQUIRIESEMAILE - DISCOVERY