SSD’s – Recoverability, Admissibility and Challenges

Join this HTCIA Members-Only Webinar and Earn CPEs!

On February 12, 2015 at 10:00am PST join our host Chris Bross, Chief Technology Officer and Bob Mehr, Esq – Sr. Legal Advisor at DriveSavers.

SSDs don’t need to be a “game changer” for forensic experts. Understanding how SSDs function should allow experts to overcome scientific opinion testimony challenges pursuant to the standards set by the Frye (used by many state courts) and Daubert (federal and some state courts). Our objective of this presentation is to provide you insight into SSD operation that will give you greater certainty that the evidence in your case has been properly and completely gathered. Under the Fryestandard, expert testimony must be deduced from a well-recognized scientific principle that are sufficiently established to have gained general acceptance in the particular field in which it belongs. Under Daubert, the courtmust consider: (1) whether the theory or technique can, or has been, tested; (2) “whether the theory or technique has been subjected to peer review and publication”; (3) “the known or potential rate of error” for a “particular scientific technique”; and (4) whether the theory or technique is generally accepted in the relevant scientific community.

The court in Daubert, however, strongly stressed that the inquiry is a “flexible one,” and sole purpose is to determine the scientific validity of the testimony.

At the most basic level, lawyers/prosecutors need to understand that their forensic experts are presenting testimony about the LBA structure of the SSD, not the physical structure. Since the operating systems and forensic tools are also treating the SSD as a traditional hard drive, the results should be accurate even if hash values may change if the process in repeated. Being able to explain why hash value may change will help overcome Frye and Daubert challenges.

Your speakers for this webinar are:

Chris Bross – CTO
Chris Bross is Chief Technology Officer at DriveSavers, the worldwide leader in secure data recovery. Since joining DriveSavers in 1995, Bross has engineered his way around physical trauma, mechanical damage and encryption issues to recover data on all types of failed storage devices. Today he manages the R&D team for solid state devices and emerging storage technologies, and guides the development of new tools and technology designed to overcome unique challenges and recover critical data.

Bob Mehr, Esq – Sr. Legal Advisor
Bob  Mehr, Esq. is the Sr. Legal Services Advisor for DriveSavers, Inc. In this capacity, he is responsible for coordinating all eDiscovery and Forensic Services provided by DriveSavers. He joined DriveSavers in 2005 after more than 20 years as a large case civil litigator and business transactions attorney. His primary role is bridging the gap between the legal community and the technology sector of DriveSavers.  As such, he oversees DriveSavers eDiscovery and forensic projects form start to finish insuring clear communications and protection of regulated data including work product and attorney-client privileged information. He also is charged with the responsibility of keeping up to date with State and Federal case law and statues in the rapidly evolving eDiscovery arena.

To register for this webinar visit – https://htcia.org/event-registration/?ee=19

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