Personal Email Accounts In Disclosure

PERSONALEMAILACCOUNTS · AGUIDEFORUKLAWYERS Personal Email Accounts in Disclosure Gmail, Hotmail and the Business That Left the Building COMPUTERFORENSICSLAB § ABOUTTHEAUTHOR PRE PA REDBYCOMPUTERFORENSICSLABE - DISCOVERYTEAM ESTABLISHED 2007 · LONDON ISO 17025-ALIGNED PROCEDURES WEBMAIL & PERSONAL-ACCOUNT COLLECTION SELF-COLLECTION VERIFICATION CPR PART 35 EXPERT REPORTS FULL CHAIN-OF-CUSTODY DOCUMENTATION § CONTENTS In this guide 01 Executive summary 02 The problem in plain English: the account the company cannot open 03 Control and disclosability of personal accounts 04 Collection routes: from self-collection to examiner protocols 05 Verifying completeness: the forensic periphery 06 Deliberate off-books channels: conduct and consequences 07 Privacy, mixed content and the account holder's rights 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 : THEBUSINESSCONTENTOFAPERSONALACCOUNTISUSUALLY DISCLOSABLE , THEACCOUNTHOLDERUSUALLYCOLLECTSIT , ANDTHEFORENSIC PERIPHERYCHECKSTHEIRWORK § 0 2 · FIRSTPRINCIPLES The problem in plain English: the account the company cannot open § 0 3 · THEDUTY Control and disclosability of personal accounts § 0 4 · THEROUTES Collection routes: from self-collection to examiner protocols § 0 5 · CHECKINGTHEWORK Verifying completeness: the forensic periphery § 0 6 · OFFTHEBOOKS Deliberate off-books channels: conduct and consequences § 0 7 · RIGHTS Privacy, mixed content and the account holder's rights § 0 8 · THEWIDERMAP Source architecture: where else the evidence lives EVIDENCE ARCHIVE CLIENTS & FORWARDING WEBMAIL ACCOUNT COUNTERPART DELETED / (HOLDER- MAILBOXES RECOVERABLE MEDIATED) PROVIDER DEVICE CORPORATE EXPORT CACHES TRAIL § 0 9 · INTHEWILD Worked examples EXAMPLE1 · THEAUTO - FORWARDTHATINDEXEDITSELF EXAMPLE2 · THESELF - COLLECTIONTHESENTFOLDERBETRAYED EXAMPLE3 · THELEGACYYAHOOTHATPREDATEDTHECOMPANY § 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 · PERSONAL- AC COUNTLIMBFORTHEPRESER VAT IONLETTER § 1 2 · QUICKCONTROL Checklist and red flags · When to involve a digital forensic expert The personal-account checklist Red flags When to involve a digital forensic expert § 1 3 · COMMONQUESTIONS Frequently asked questions Can we force an opponent to disclose their Gmail? Our custodian says the relevant messages were deleted years ago. Dead end? Is self-collection ever defensible for important custodians? The personal account also holds the custodian's own privileged and intimate material. How is that handled? We found business being run through a personal account deliberately. What do we do with that? Do we need to worry about our own client's personal accounts? § 1 4 · REFERENCE Glossary Sources and authoritative references DISCLAIMER § HOWASPECIALISTLABORATORYCANASSIST Working with Computer Forensics Lab Speak to a forensic examiner, not a salesperson. INSTRUCTTHELAB NEWENQUIRIESEMAILE - DISCOVERY