The present invention relates to general systems and methods for gathering information and, more specifically, to a system and method for gathering information remotely from one or more target devices.
With the recent amendments to the Federal Rules of Civil Procedure, electronic discovery (e-discovery) has become an integral part of the civil litigation process, fostered by an awareness among legal experts that nearly all evidence is digital in nature. Furthermore, companies are now legally responsible for diligently complying with requests to produce reasonably accessible computer-based data. In conducting electronic discovery, problems often arise with respect to the vast quantities of electronic documents that must be reviewed, whether for a party's document production in litigation against another party, for satisfying government reporting requirements, or for any other relevant legal purpose. A party's ability to manage information in these scenarios often depends on how readily it can capture, review, assess, and produce relevant documentation.
As mentioned above, the computer-based discovery process often involves searching through vast amounts of data. Some current methods accomplish this task by compiling all of the information from many devices and loading the net information onto one or more storage servers for indexing and searching. Traditional search methods are often rudimentary and unfit for the electronic discovery process, often leading to the undesired production of irrelevant or erroneous documentation. A large search result can leave a party with a false sense of security but may later come back to haunt the party in the form of court-authorized sanctions, often resulting in the party's loss of control over an e-discovery process. Additionally, the cost of printing and archiving, coupled with the cost of a legal staff, can pose exorbitant costs during a discovery process. The production of erroneous documentation can therefore be absolutely detrimental to a party.
The gathering of impartial or erroneous data, as noted above, can have profound implications on an electronic discovery process. Typically, metadata, or information associated with a given file, is stored on the file's host device. Metadata can include information, such as a file's creation date, author, or storage path. Some current methods of e-discovery limit search processes to a file's metadata and, in turn, miss information that could be crucial to a discovery process. Often, the relevant content is not stored in the metadata, but rather in the actual file data.
Other current methods of e-discovery implement metadata searches in addition to full-text searches. In searching the text of the files, these methods sometimes alter the file information and, in the process, render the file ineffective for the purpose of court admissibility. Additionally, current methods often archive vast amounts of data, as mentioned above, resulting in an unusable mass of information. What is desired, as recognized by the present inventors, is a streamlined method of searching for relevant data without altering the substance of the targeted information and its associated metadata.
In addition to being expensive, obsolete, and often inaccurate, the current methods of electronic discovery can be highly disruptive of business operations. Many e-discovery solutions require physical access to each target device for analysis by a consultant or expensive software program. The overhead cost of such a scenario, along with the business disruption in such circumstances, is often immense and unwarranted, particularly in situations involving large corporate-wide servers or tape drives. Additionally, these types of investigations often result in significant loss of workplace morale when employees feel threatened by such an explicitly intrusive investigation process
Even enterprise solutions for electronic discovery can result in unnecessary business disruption. E-discovery enterprise software packages typically require a dedicated, synchronous connection between an investigative software program and an end-user device. This constraint forces the requirement of transmitting vast amounts of data to and from the enterprise program during peak hours, when users may be engaged at their workstations. Additionally, many “feedback” data transfers are required to ensure security and connectivity between the enterprise software and the multiple end-user devices. On a corporate-scale, maintaining synchronous connections on such a large magnitude, each having an active-data transfer requirement, can slow down even the most advanced networks and disrupt end-user productivity.
The need to maintain a synchronous connection between an enterprise software program and an end-user device imposes yet another limitation on the e-discovery process. Presently, many portable devices; such as laptop computers, personal digital assistants, and browser-enabled phones; permit a user to conduct business at a remote location. The portable device may often contain information that is relevant to an e-discovery process. Some of the present enterprise software programs for e-discovery can only extract information from devices that are on the same network as the software program. The network, in this case, may be limited to devices connected to one another in a company's internal network.
In many instances, the device may not be operating within a company's internal network, thus precluding the enterprise program from obtain information stored on the device. Even if an enterprise program can connect to a device on a general worldwide network, the device may not be connected long enough for the software to fully acquire relevant information. For a device containing a large amount of relevant information, using such an enterprise program to extract this information could lead to an undesirably lengthy process. Thus, the inventors have recognized an additional need for a method of obtaining information from one or more target devices without relying upon synchronous network connections to facilitate the transfer of information.
The present invention solves one or more problems of the prior art by providing in one embodiment a method of locating electronically stored information. The method of this embodiment includes a step of receiving an instruction from an instruction queue. The instruction specifies a content description to be searched for on a target digital storage medium. Electronically stored information specified by the content description is subsequently search form on the target digital storage medium. A report of found electronically stored information is created and then transferred to one or more predetermined users after the log is created. Typically, these steps of the present embodiment are encoded on a computer readable medium and are performed without user intervention.
In another embodiment of the present invention, another method of locating electronically stored information is provided. The method of this embodiment includes a step of accessing an email message from an email inbox. The email message has one or more instructions attached to or contained therein. An instruction is received from the email message. Characteristically, the instruction specifies a content description to be searched for on a target digital storage medium. Electronically stored information specified by the content description is subsequently search form on the target digital storage medium. A report of found electronically stored information is created and then transferred to one or more predetermined users after the log is created. Typically, these steps of the present embodiment encoded on a computer readable medium and are performed without user intervention.
In yet another embodiment of the present invention, another method of locating electronically stored information is provided. The method of this embodiment includes a step of receiving an instruction from an instruction queue. The instruction specifies a content description to be searched for on a target digital storage medium. Electronically stored information specified by the content description is subsequently search form on the target digital storage medium. Electronically stored information found by the search is then preserved. The method of the present embodiment is particularly useful for responding to a litigation discovery hold. Typically, these steps of the present embodiment are encoded on a computer readable medium and are performed without user intervention.
Reference will now be made in detail to presently preferred compositions, embodiments and methods of the present invention, which constitute the best modes of practicing the invention presently known to the inventors. The Figures are not necessarily to scale. However, it is to be understood that the disclosed embodiments are merely exemplary of the invention that may be embodied in various and alternative forms. Therefore, specific details disclosed herein are not to be interpreted as limiting, but merely as a representative basis for any aspect of the invention and/or as a representative basis for teaching one skilled in the art to variously employ the present invention.
Except in the examples, or where otherwise expressly indicated, all numerical quantities in this description indicating amounts of material or conditions of reaction and/or use are to be understood as modified by the word “about” in describing the broadest scope of the invention.
It is also to be understood that this invention is not limited to the specific embodiments and methods described below, as specific components and/or conditions may, of course, vary. Furthermore, the terminology used herein is used only for the purpose of describing particular embodiments of the present invention and is not intended to be limiting in any way.
It must also be noted that, as used in the specification and the appended claims, the singular form “a”, “an”, and “the” comprise plural referents unless the context clearly indicates otherwise. For example, reference to a component in the singular is intended to comprise a plurality of components.
Throughout this application, where publications are referenced, the disclosures of these publications in their entireties are hereby incorporated by reference into this application to more fully describe the state of the art to which this invention pertains.
In
Message 14 can include any entity having information stored therewithin, such as an electronic mail (e-mail) message, a data stream, a computer file, or the like. The information need not be in the form of text in the conventional sense. The information may be communicated in “raw data” form as binary, hexadecimal, or the like. The information may be encrypted with an encryption protocol, such as MD5, SHA-1, DES, or any other encryption protocol known in the art.
In a variation of the present embodiment, queue 20 is a buffer that stores message 14 for processing at a later time. Queue 20 may include, for example, an e-mail inbox, a file transfer protocol (FTP) server location, or any other element that can facilitate asynchronous communication 24 between any two entities. As used herein, “asynchronous communication” refers to two-way communication that allows two participants to respond at their own convenience and with a time delay, thus allowing two parties to communicate without maintaining a constant connection. The communication may use standard communication protocols, such as SMTP, TCP/IP, IMAP, or the like.
Target device 16 can include any device, such as a computer, mainframe, or personal digital assistant, or the like, having information encoded thereon and capable of communicating with one or more queues 20. Typically, target storage device 16 includes one or more target digital storage media that is accessible to a user computer. Such target digital storage medium has encoded thereon electronically stored information to be located by the system of the present invention. Target device 16 may also host servelet 18, which, in the scope of the present invention, can be regarded as a passive software program capable of executing instructions delivered thereto. Security monitor 22 may be a network administrator or equivalently trusted individual. Security monitor 22 could also be software programmed to facilitate security between two parties.
In one variation of the present invention, message 34 includes one or more instructions specifying a content description to be searched for on a target digital storage medium. The target digital storage medium is optionally accessible to a user computer. Instruction queue 38 may or may not reside on the target digital storage medium. In a refinement of the present variation, message 34 further includes a step of preserving the electronically stored information found by the search. Preservation of such electronically stored information may be realized by making a duplicate of the information. Such duplicates are typically transferred to a predetermined storage location, such as an email inbox or a predetermined directory. In a further refinement, the relevancy of the electronically stored information is evaluated so that only sufficiently relevant information is duplicated. Various techniques for evaluating relevancy know to those skilled in the aret of data search may be deployed. One simple technique is to determine the presence of one or more key words in the electronic information. Information perservation may also be realized by creating a report of user attempts to alter electronic information. Such reports are then used to undertake appropriate remedial action to ensure that relevant information is preserved.
In one exemplary scenario, servelet 42 stores information to error queue 58 at the end of a time interval ti, where the subscript represents the specific interval in which the information is stored to error queue 58. The time interval may be defined by a pre-determined frequency f, where ti is mathematically equivalent to 1/f. Additionally, the particular interval may be stored to queue 58 along with the information stored for that particular interval. If, for example, servelet 42 is unexpectedly terminated at a time tk, in which tk>ti, servelet 42 may communicate with error queue 58 to recover the information most recently stored in error queue 58 and resume operation from the point of error.
Security monitor 62 functions to validate the correctness of the specified recipient. Monitor 62 may, for example, validate the stated recipient of message 34 to ensure that the message 34 is not sent to an undesired user. As another example, security monitor 62 could verify the contents of outbound message 48 to examine the information for Decision module 64 pictorially represents the high-level logic of security monitor 62. In the case of a correct recipient, security monitor 62 may send outbound message 48 to the intended recipient, as shown by arrow 68. If security monitor 62 determines that the recipient is not correct, error message 72 may be sent to failed validation queue 74, as shown by arrow 76. Error message 72 may then be sent to sender device 32 to inform sender 32 of the failed validation.
With reference to
As shown in
In the example shown in
As depicted by arrow 98, servelet 42 may generate a report, as shown by element 100, containing information from the previous search of storage media 88. The report parameters may be “hard-coded”, or pre-configured, into servelet 42 or, alternatively, specified through one or more additional instructions in message 78 (not shown). These parameters may include metadata and/or file data of the files that are relevant to the search term. As shown by arrows 102 and 104, servelet 42 communicates with instruction queue 38 to send outbound message 48. Report of content 100 may be included with message 48 as an attachment 50 and/or in any other portion of message 48.
In accordance with the instruction shown in message 106, file 90 encoded in storage media 88 is shown, along with its corresponding hash value 108. Hash value 108 may be any value resulting from a hash algorithm, such as MD5, SHA-1, CRC32, or any other suitable method known in the art. File 90 is representative of each file on storage media 88. Likewise, hash value 108 represents the hash value of each corresponding file on storage media 88. In a manner consistent with system 80 in
Again referring to step 112 of
Next, at step 114, the servelet determines the quantity of instruction messages in the queue. The process then continues at step 116, at which the servelet determines whether or not the queue contains any instruction messages. If the queue contains one or more messages, process 110 proceeds to step 118, at which the servelet executes the instruction. Step 118 relates to the previously described systems 80 of
Referring back to step 116, process 110 continues to step 122 if the queue does not contain any instruction messages. Step 122 relates to an optional parameter that may determine the total time duration that the servelet operates on the target computer. In an exemplary scenario, the servelet can be pre-configured with the parameter. For example, a servelet could contain a parameter that specifies duration of two hours. The servelet would then operate for this period of time and automatically shut down at the end of the two hours. However, the parameter need not remain constant; an instruction message could, for example, include an instruction that changes the time duration or, alternatively, disables it, thus enabling the servelet to operate for as long as the device is powered on.
Again referring to
Still referring to
Interface 160 allows a user to customize parameters of servelet 42. For example,
Furthermore, interface 160 provides a method for enabling and customizing an error queue.
Again referring to
The purpose of element 186 is to allow servelet 42 to discern between an instruction message and an irrelevant message. A servelet may be pre-configured to look for a particular instruction, in this case the string “Search Activation E-mail” would identify e-mail 180 as an instruction message. Furthermore, a message without this string may not be identified as an instruction message and, in turn, ignored by servelet 42.
Element 188 specifies the mode in which servelet 42 should operate. For example, servelet 42 may recognize the string “search”, as specified by element 188, as an indication that further instructions may relate to searching for content on target device 40. As another example, the string “hash” may indicate to servelet 42 that the subsequent instructions relate to obtaining hash values from target device 40.
E-mail 180 directs servelet 42 to search for “circuit” in the directory “C:\WINDOWS”, as specified by elements 190 and 200, respectively. As disclosed by
Elements 196 and 198 relate to priority module 136, as describe in
Elements 202 and 204 relate to error queue 58, as described in
Element 206 specifies the server address of instruction queue 38. If more than one queue is used in system 30, element 26 may refer to the server address of each queues, in which each queue may use a different account name. Alternatively, element 206 may specify the server address for first queue 38, whereas the server address for each additional queue may be specified by one or more additional parameters (not shown). Alternatively, a combination of the two aforementioned methods may be used to allow servelet 42 to identify the address of each instruction queue.
Finally, element 208 relates to an attachment enclosed with e-mail 180. As suggested by the name of 108, an attachment may include further instructions in addition to those in the e-mail body.
Still referring to
As an example, assume that recipient device 46 is also the sender device that originally sent four instruction messages, one to each of four separate target devices, arbitrarily referred to as target device 1,2,3, and 4, respectively. As shown in
In the example above, validation module 226 would communicate with queue 38 to determine that a fourth message (not shown) has not been received from target device 4 (also not shown). Validation module 226 would then generate a summary 234 to inform user 222 as to which devices have not yet responded. As shown by arrow 236, summary 234 may be stored on storage device 232. If, for example, user 222 is not at a generally close proximity to device 46, summary 234 could alternatively be sent to user 222 via instruction queue 38.
While embodiments of the invention have been illustrated and described, it is not intended that these embodiments illustrate and describe all possible forms of the invention. Rather, the words used in the specification are words of description rather than limitation, and it is understood that various changes may be made without departing from the spirit and scope of the invention.
Number | Date | Country | |
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60913267 | Apr 2007 | US |