Computer Forensics Docket Sheet

The plaintiff brought a motion for summary judgment, claiming that the defendant used the plaintiff's satellite television signal without authorization and then spoliated evidence of the unauthorized use. The court had previously awarded sanctions against the defendant for deliberately destroying evidence by using Evidence Eliminator, a software-wiping utility program, to erase electronic evidence that the plaintiff had requested. The plaintiff's computer-forensics expert examined the computer and recovered some of the deleted files, including programs that the satellite pirates used to intercept the plaintiff's encrypted signal and files listing the name of piracy Web sites the defendant visited. Other files were permanently deleted. The defendant argued that “somebody else” was responsible for these actions, even though he declared that the computer had remained in his exclusive possession. Granting the plaintiff's summary judgment motion, the court noted, “[t]he fact that [the defendant] deleted certain files on his computer only five weeks after the start of this litigation creates an inference that he destroyed evidence that would have been harmful to his defense.” DirecTV, Inc. v. Borow, 2005 WL 43261 (N.D.Ill. Jan. 6, 2005).

Computer Forensics Docket Sheet was written by Michele C.S. Lange, a staff attorney with Kroll Ontrack, with assistance from Charity Delich, a Kroll Ontrack law clerk. Lange has published numerous articles and speaks regularly on the topics of electronic discovery, computer forensics and technology's role in the law. Information in these summaries is taken from the Kroll Ontrack monthly E-Discovery Case Law Update and Computer Forensics newsletters, which may be accessed at http://www.krollontrack.com/. Lange is a member of e-Discovery Law & Strategy's Board of Editors, and can be reached at [email protected].