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Employee Privacy in the Digital Age II. Privacy in the Age of Technology

A panel discussion of employer monitoring of employee computer use, including Internet access. Six scenarios deal with Facebook postings, blogging about workplace conditions, confidential patient identities, unauthorized viewing of another’s smartphone photos, the effect of online postings on promotion, monitoring keystrokes, and accessing computer and cell phone records to discover employee activities unrelated to employment.

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The author describes the state of the law of discovery of electronic evidence, including proposed changes to the Federal Rules of Civil Procedure; proposed amendments to the ABA’s Civil Discovery Standards; and the Sedona Conference Working Group Series: Best Practices, Recommendations & Principles for Addressing Electronic Document Production. The Sedona Principles for Electronic Document Production …

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The author discusses the distinctions, in discovery, between computer-based evidence and traditional paper documents, and includes computer system discovery checklist, and means for preserving the chain of custody.

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New forms of evidence in a high-tech age: III. Panel Discussion

A panel discussion of the discovery process for electronic evidence.

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