Hastings Communications and Entertainment Law Journal
Mobile Messaging Making E-Discovery Messy: Mobile Messaging and Electronic Discovery
By Daniel B. Garrie, Maureen Duffy-Lewis, Richard L. Gillespie, & Mari Joller
Ah… do you remember when there were “two-party phone lines” or when a melodious-voiced operator would ring your phone and say, “Please hold, there is a long distance call for you”?
Well, those halcyon days are over, and the entire world of communications, as you well know if you are over 45 years old, is on a kind of “rocket to the stars” where your voice, through instant messaging (IM), Twitter® or email, seems to careen wickedly fast through the star-studded universe to arrive at an intended destination. All of this occurs now without the use of a cordless or mobile phone, or even a computer. Welcome to the world of mobile messaging.
The constantly evolving universe of mobile messaging now has, and will in the future have, a significant impact on litigation in the area of mobile electronic discovery (“e-discovery”). We have indeed reached a new frontier. Software programs such as the feature-rich Windows Mobile and Microsoft® Office Mobile applications help deliver a desktop-like experience to small devices. Powerful processors, cheap availability of large amounts of random access memory (RAM), and memory storage to prevent data loss make the mobile device a robust business tool.
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