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Archive for the ‘Data Sources’ Category

Case Blurb: Mirbeau of Geneva Lake; Right of a Party to Conduct its own Search

Posted by rjbiii on December 29, 2009

[T]he federal rules do not give a party the “right to conduct its own search of [another party’s] electronic devices. Instead, in facilitating the production of ESI, the federal rules “allow the responding party to search his [or her] records to produce the required, relevant data.” Only if the moving party can actually prove that the responding party has concealed information or lacks the expertise necessary to search and retrieve all relevant data, including metadata or residual data, is it proper for the moving party to initiate the searches of the other party’s ESI.

Mirbeau of Geneva Lake LLC v. City of Lake Geneva, 2009 U.S. Dist. LEXIS 101104, at *3-4 (E.D. Wis. Oct. 15, 2009)

Posted in 7th Circuit, Case Blurbs, Data Collection, Data Sources, E.D. Wis., Judge J.P. Stadtmueller | Leave a Comment »

Cell Phone Data becoming a Factor in the Court Room

Posted by rjbiii on July 8, 2009

From the New York Times:

The pivotal role that cellphone records played in [] two prominent New York murder trials this year highlights the surge in law enforcement’s use of increasingly sophisticated cellular tracking techniques to keep tabs on suspects before they are arrested and build criminal cases against them by mapping their past movements.

But cellphone tracking is raising concerns about civil liberties in a debate that pits public safety against privacy rights. Existing laws do not provide clear or uniform guidelines: Federal wiretap laws, outpaced by technological advances, do not explicitly cover the use of cellphone data to pinpoint a person’s location, and local court rulings vary widely across the country.

H/T: Slashdot

Posted in Articles, Cell Phones, Data Sources, Technology, Trends | Leave a Comment »

Case Blurb: Thai Heng Chang; Court orders immediate production of e-mail from previously undisclosed account

Posted by rjbiii on September 16, 2008

Post Process: The court granted Plaintiff’s motion to compel, and motion to impose sanctions for inadequate discovery. The court delayed determination of appropriate sanctions until a later date. Below is an excerpt of the opinion, discusses Defendant’s undisclosed yahoo e-mail account.

At issue are [inter alia]: emails from the account edsmith1818@yahoo.com…
Plaintiff contends that it only recently learned of another email account used by the Defendant that should have been identified in response to Interrogatory No. 2, which Plaintiff served upon Defendant on November 6, 2007. Plaintiff contends that Defendant should supplement his document production to include these emails, which it alleges contain highly relevant information crucial to the issues raised in this case.

Specifically, Plaintiff contends that Defendant used this specific email account to engage in the activities upon which this entire lawsuit is based. Defendant represents to Plaintiff and the Court that he cannot produce the emails because they have been destroyed by Yahoo! He offers a copy of a generic response from Yahoo! regarding deactivating accounts, but Plaintiff has attached to its motion a copy of a letter from Defendant’s counsel to Yahoo! regarding a subpoena served in the Georgia case for the hankchang138@yahoo.com account. Nothing in that letter indicates a problem with Yahoo! complying with a subpoena for emails in that account despite Defendant’s assertion that they had been deleted. Perhaps Yahoo! has a process for obtaining emails from deactivated accounts as well. Regardless, the Court does not at this time accept Defendant’s explanation that production of these documents is “impossible,” particularly given the important evidentiary value of these emails and the feeble offering by Defendant in support of his contention. The Court further finds that Defendant’s representation that he was being “completely truthful” when he did not identify this account because he knew it would be impossible to ultimately produce these emails, to be sanctionable. It will figure largely into the sanctions ultimately awarded in this matter if it is learned that Defendant’s failure to identify this account earlier is the cause of the alleged impossibility.

As an initial matter, Defendant shall immediately make all possible efforts to obtain the emails in account edmith1818@yahoo.com and shall then produce all documents in this account without further objection or delay…The Court will not accept Defendant’s position that he cannot produce these emails until assurance is given from an executive at Yahoo! responsible for such tasks that this request is indeed impossible.

Infinite Energy, Inc. v. Thai Heng Chang, 2008 WL 4098329 at *1 (N.D.Fla. Aug. 29, 2008 ).

Posted in 11th Circuit, Case Blurbs, Data Sources, Duty to Disclose, Duty to Produce, email, Magistrate Judge Allan Kornblum, N.D. Fla., Sanctions | Leave a Comment »

Case Blurb: Nursing Home Pension Fund; Court discusses ‘legal control’ of evidence

Posted by rjbiii on September 15, 2008

[Requesting Party] additionally allege[s] that defendants failed to preserve or destroyed documents created in preparation for a book entitled Softwar: An Intimate Portrait of Larry Ellison and Oracle (“Softwar” ). The book was written by Matthew Symonds, an author and editor with The Economist, who conducted at least 135 hours of recorded interviews between March 2001 and August 2002 with defendant Ellison. In October 2006, plaintiffs moved to compel defendants to produce the transcripts and audio files of these Softwar interviews. Defendants argued that the materials were not in their custody or control, and Symonds also asserted that the materials were his sole property. On January 2, 2007, Special Master Infante determined that although such materials were in the physical possession of Symonds, Ellison had legal control of them pursuant to a contract between Symonds and Ellison. Winkler Decl. ex. 194. As a result, Special Master Infante ordered defendants to produce copies of “any interview notes, transcripts or tape recordings relating to the book.” Id. at 4. Shortly thereafter, it was revealed that Symonds no longer had the materials in question, and it appears that Symonds may have discarded the laptop computer containing the transcripts and audio files after he learned of plaintiffs’ motion to compel.

Nursing Home Pension Fund v. Oracle Corp., 2008 WL 4093497 at *2 (N.D.Cal. Sept. 2, 2008).

Posted in 9th Circuit, Case Blurbs, Data Sources, Duty to Preserve, Duty to Produce, FRCP 34(a), Judge Susan Illston, N.D. Cal., Possession or Custody or Control Of Evidence | Leave a Comment »

Case Blurb: Bright; Court Discusses Company’s Retention Practices of Surveillance Tapes and Spoliation

Posted by rjbiii on September 9, 2008

This appeal concerns a slip and fall accident that took place at the Plaza Extra supermarket in Estate Sion Farm, St. Croix on June 20, 2004. […]

The Superior Court granted summary judgment in favor of Plaza, holding that, because [Plaintiff] Bright failed to provide any evidence that Plaza knew or should have known about the substance on the floor, no reasonable jury could find that Plaza had breached its duty to Bright as a matter of law. The instant appeal followed. […]

Bright’s fall was captured on Plaza’s closed-circuit video surveillance system, which is comprised of both a digital hard drive that records only a finite amount of data before reusing itself and a video recorder. The digital footage is automatically recorded over every few weeks unless it is manually copied from the digital hard drive to the video recorder. At his June 2005 deposition, Plaza’s manager testified that he examined the footage of Bright’s fall immediately after being notified of her fall, the video failed to show anything visible on the floor at the time of the fall. Concluding that Bright “probably tripped on herself,” the manager testified that he elected not to review or copy any of the footage prior to or after the fall. He also testified that the store had no set procedure for retaining video footage of slip and fall accidents and that the store simply retained the footage of the actual fall in Bright’s particular circumstance. […]

Therefore, the record contains no video evidence indicating when or if someone spilled anything on the floor prior to Bright’s fall. The only evidence in the record which indicates length of time is Bright’s deposition testimony. When asked if anything indicated how long the substance had been there, she testified that there was a little dust on the drops which indicated to her that it had to be there “for a little while.” […]

Plaza filed a motion for summary judgment asking the trial court to find that Bright had failed to establish that Plaza had actual or constructive notice of any substance on the floor that may have caused Bright’s injuries. Bright opposed the motion arguing she was entitled to a spoliation inference because Plaza had intentionally erased the video footage depicting what had transpired prior to and after her fall. Plaza replied to the opposition by contending that Bright failed to show that the store had engaged in bad faith, malicious, or fraudulent conduct, which is a prerequisite to the application of a spoliation inference. In a Memorandum Opinion, dated June 11, 2007, the Superior Court granted summary judgment in favor of Plaza, holding that Bright failed to provide sufficient evidence that Plaza knew or should have known of the substance on the floor and failed to demonstrate fraud or deceit that would permit deliberation on the availability of the spoliation inference. Bright timely filed her Notice of Appeal… […]

On appeal, Bright contends that Plaza’s destruction of the surveillance video establishes constructive notice because it permits a jury to infer that the video would have shown that the liquid was on the floor long enough for Plaza to have discovered it prior to her fall. According to Bright, the adverse inference created by Plaza’s destruction of the tape defeats summary judgment. Plaza contends that Bright is not entitled to a spoliation inference, and that even if she was, common law precludes the use of a spoliation inference to substitute for actual evidence supporting constructive notice. According to Plaza, a spoliation inference is improper where the evidentiary destruction was a matter of routine and was devoid of any fraudulent intent, and the inference cannot be utilized to establish an essential element of a negligence claim. […]

There is no dispute in this matter that the recorded surveillance footage was at all times within the exclusive possession and control of Plaza. The parties dispute, however, whether there was an actual suppression or withholding of evidence. Bright argues that Plaza intentionally destroyed the recorded surveillance footage in order to conceal evidence which was unfavorable to Plaza. Plaza argues that as a regular course of business, the store only maintains the relevant footage of any recorded fall. Therefore, according to Plaza, the failure to retain footage of the time preceding and following the fall was neither fraudulent nor intentional. The trial court found that “Bright offer[ed] no evidence that Plaza … attempted to perpetrate a fraud or that Plaza’s conduct was anything other than a matter of routine.” (App. at 12-13.) The evidence, however, belies the trial court’s determination. […]

During his deposition, Plaza’s manager testified that he retained only the portion of the surveillance footage which captured Bright’s fall. (App.211-12.) The manager’s conscious and intentional choice not to review or retain the recorded footage prior to or after the fall resulted in the destruction of relevant evidence. […]

We find this case to be very analogous to Stevenson v. Union Pacific R.R. Co., 354 F.3d 739 (8th Cir.2004). In analyzing a routine document retention policy, the Eighth Circuit Court of Appeals applied the Gumbs test and held that the trial court did not abuse it discretion in permitting a spoliation inference as a sanction for the defendant’s pre-litigation destruction of a voice recording. Id. at 747-48. Similar to Plaza, the Stevenson defendant learned of the accident shortly after it occurred and began his investigation immediately thereafter, but failed to take the steps necessary to preserve the recorded evidence. Also like Plaza, the Stevenson defendant had previously been involved in several accidents and knew that such recorded evidence would be relevant to any potential litigation. FN1 Additionally, Bright, like the Stevenson plaintiff, was prejudiced by the destruction of the evidence because there is virtually no other evidence establishing the dispositive issue. In concluding that fraudulent intent was present, the Eighth Circuit Court of Appeals recognized that the case “tests the limits of what [the court is] able to uphold as a bad faith determination.” Id. Nevertheless, the particular circumstances present in that case, which were similar to those present in the case before this Court, warranted a spoliation inference.

FN1:Remarkably, in another case currently before this Court, Plaza’s management applied a different procedure in determining what portion of a recorded slip and fall accident to retain. In Williams v. Plaza Extra, S.Ct. Civ. No.2007/118, where the recorded surveillance footage appeared to vindicate Plaza, management retained a large portion of the footage, including footage from depicting a custodian cleaning the area twelve minutes prior to the fall and several minutes of footage after the fall. The fall in Williams occurred in the same store on April 8, 2002, nearly two years before the fall at issue in this case. […]

While this Court does not find any statutory or case law indicating precisely what portion of surveillance footage capturing a slip and fall accident should be retained, common sense dictates the retention of comprehensive surveillance footage of any accident, including a reasonable period of time preceding and following the accident.

Bright v. United Corp., 2008 WL 2971769 (V.I. July 22, 2008).

Posted in 3d Circuit, Adverse Inference, Case Blurbs, Data Retention Practices, Data Sources, Document Retention, Justice Edgar D. Ross, Sup. Ct. Virgin Islands, Video Files | Leave a Comment »

Case Blurb: YouTube; Court Grants Motion to Compel Production of 12 TB Database, Dismisses User’s Privacy Concerns

Posted by rjbiii on August 12, 2008

Video-Related Data from the Logging Database

Defendants’ “Logging” database contains, for each instance a video is watched, the unique “login ID” of the user who watched it, the time when the user started to watch the video, the internet protocol address other devices connected to the internet use to identify the user’s computer (“IP address”), and the identifier for the video. That database (which is stored on live computer hard drives) is the only existing record of how often each video has been viewed during various time periods. Its data can “recreate the number of views for any particular day of a video.” Plaintiffs seek all data from the Logging database concerning each time a YouTube video has been viewed on the YouTube website or through embedding on a third-party website.

They need the data to compare the attractiveness of allegedly infringing videos with that of non-infringing videos. A markedly higher proportion of infringing-video watching may bear on plaintiffs’ vicarious liability claim, n3 and defendants’ substantial non-infringing use defense.

Defendants argue generally that plaintiffs’ request is unduly burdensome because producing the enormous amount of information in the Logging database (about 12 terabytes of data) “would be expensive and time-consuming, particularly in light of the need to examine the contents for privileged and work product material.”

But defendants do not specifically refute that “There is no need to engage in a detailed privilege review of the logging database, since it simply records the numbers of views for each video uploaded to the YouTube website, and the videos watched by each user.” While the Logging database is large, all of its contents can be copied onto a few “over-the-shelf” four-terabyte hard drives. Plaintiffs’ need for the data outweighs the unquantified and unsubstantiated cost of producing that information.

Defendants argue that the data should not be disclosed because of the users’ privacy concerns, saying that “Plaintiffs would likely be able to determine the viewing and video uploading habits of YouTube’s users based on the user’s login ID and the user’s IP address.”

But defendants cite no authority barring them from disclosing such information in civil discovery proceedings, FN5 and their privacy concerns are speculative. Defendants do not refute that the “login ID is an anonymous pseudonym that users create for themselves when they sign up with YouTube” which without more “cannot identify specific individuals, and Google has elsewhere stated:

We . . . are strong supporters of the idea that data protection laws should apply to any data that could identify you. The reality is though that in most cases, an IP address without additional information cannot.

FN5: The statute defendants point to, 18 U.S.C. § 2710 (titled “Wrongful disclosure of video tape rental or sale records”), prohibits video tape service providers from disclosing information on the specific video materials subscribers request or obtain, and in the case they cite, In re Grand Jury Subpoena to Amazon.com, 246 F.R.D. 570, 572-73 (W.D.Wis. 2007) (the “subpoena is troubling because it permits the government to peek into the reading habits of specific individuals without their prior knowledge or permission”), the court on First Amendment grounds did not require an internet book retailer to disclose the identities of customers who purchased used books from the grand jury’s target, a used book seller under investigation for tax evasion and wire and mail fraud in connection with his sale of used books through the retailer’s website.

Therefore, the motion to compel production of all data from the Logging database concerning each time a YouTube video has been viewed on the YouTube website or through embedding on a third-party website is granted.

Viacom Int’l Inc. v. YouTube Inc., 2008 U.S. Dist. LEXIS 50614 at *15-19 (S.D.N.Y. July 1, 2008 ).

Posted in 2nd Circuit, Case Blurbs, Data Collection, Data Sources, Databases, Duty to Produce, Judge Louis L. Stanton, Privacy, S.D.N.Y, Scope of Discovery, Undue burden or cost | Tagged: , , | Leave a Comment »

Case Blurb: YouTube; Court Grants Motion to Compel Videos “Removed” from Web Site

Posted by rjbiii on August 12, 2008

Removed Videos

Plaintiffs seek copies of all videos that were once available for public viewing on YouTube.com but later removed for any reason, or such subsets as plaintiffs designate. Plaintiffs claim that their direct access to the removed videos is essential to identify which (if any) infringe their alleged copyrights. Plaintiffs offer to supply the hard drives needed to receive those copies, which defendants store on computer hard drives.

Defendants concede that “Plaintiffs should have some type of access to removed videos in order to identify alleged infringements”, but propose to make plaintiffs identify and specify the videos plaintiffs select as probable infringers by use of data such as their titles and topics and a search program (which defendants have furnished) that gives plaintiffs the capacity both to run searches against that data and to view “snapshots” taken from each removed video. That would relieve defendants of producing all of the millions of removed videos, a process which would require a total of about five person-weeks of labor without unexpected glitches, as well as the dedication of expensive computer equipment and network bandwidth.

However, it appears that the burden of producing a program for production of all of the removed videos should be roughly equivalent to, or at least not significantly greater than, that of producing a program to create and copy a list of specific videos selected by plaintiffs.

While the total number of removed videos is intimidating (millions, according to defendants), the burden of inspection and selection, leading to the ultimate identification of individual “works-in-suit”, is on the plaintiffs who say they can handle it electronically.

Under the circumstances, the motion to compel production of copies of all removed videos is granted.

Viacom Int’l Inc. v. YouTube Inc., 2008 U.S. Dist. LEXIS 50614 at *13-15 (S.D.N.Y. July 1, 2008 ) (internal citations removed).

Posted in 2nd Circuit, Case Blurbs, Data Collection, Data Sources, Discovery Requests, Duty to Produce, Form of Production, Judge Louis L. Stanton, S.D.N.Y, Technology, Video Files | Tagged: , , | Leave a Comment »

Case Blurb: Younessi; Court Fashions Protective Order to Allow for Discovery but Protect Trade Secrets

Posted by rjbiii on July 3, 2008

The Court is convinced that this need is strong enough to warrant discovery from [Producing Party] and the Motion to Quash is DENIED. However, some form of protective order is appropriate and the Court now turns to what form that production should take.
[…]
In situations involving information which is appropriately kept private, the Court may fashion restrictions on the form and method of disclosure. See Playboy Enterprises, Inc. v. Welles, 60 F.Supp.2d 1050 (S.D.Cal.1999). In the interest of protecting private information such as trade secrets or privileged documents, the Court can order the responding party’s attorneys to search for all documents consistent with the subpoena and to produce only those which are relevant, responsive, and do not disclose trade secrets. See, e.g., id. The Court finds in Playboy an appropriate model for this case. There, the plaintiff sought to copy the defendant’s hard drives after it learned she may have deleted emails which could potentially prove the knowledge element of plaintiff’s infringement claims. Id. at 1051. Defendant responded with concerns that privileged communications would also be recoverable under such a procedure. Id. at 1054. The court ordered the copying, but directed defense counsel to search the copy for responsive materials instead of turning over the copied drives themselves. Id. at 1055

Here, [Requesting Party] also requests to copy [Producing Party’s] hard drives, a process which might reveal not just privileged, but also trade secret information. Having [Producing Party] search its own computers is an appropriate compromise here because of the unique status of [Requesting Party] as a direct competitor and of [Producing Party] as a nonparty [third party] to the underlying suit. The elaborate copying which took place in Playboy is not necessary because there are no allegations of documents being destroyed and [Producing Party] has shown that it is responsive and willing to cooperate with [Requesting Party’s] reasonable requests.

Daimler Truck N. Am. LLC v. Younessi, 2008 WL 2519845 (W.D. Wash. June 20, 2008 )

Posted in 9th Circuit, Case Blurbs, Data Collection, Data Sources, Duty to Produce, Form of Production, Hard Drive Inspections, Judge Ronald B. Leighton, Objections to Discovery Requests, Overly Broad Request, W.D. Wash. | Tagged: , | Leave a Comment »

Is VoIP the Next Frontier in E-Discovery?

Posted by rjbiii on June 30, 2008

The New York Law Journal On-line has posted an article warning of the dangers companies adopting Voice Over IP might encounter with e-discovery:

Depending on the VoIP system in place, the manner in which such data is retained may be under the direct control of the company and its IT professionals, as opposed to the phone company. Further, VoIP data will likely be subject to a company’s or client’s backup and retention policies. Unlike traditional voicemails, VoIP data may prove difficult to delete. Instead, as is common with e-mails, redundant backup systems will ensure that additional copies may continue to persist at many levels. As an added complication, VoIP messages cannot easily be searched by subject or text. In fact, searches may be limited to such parameters as caller ID information, recipient, and date and time of call.

Without proper planning, a client or company may be faced with hundreds or even thousands of hours of audio data that cannot be easily parsed if production is required. This situation poses a significant problem in light of recent amendments to the Federal Rules of Civil Procedure that expressly define “sound recordings” as “electronically stored information” and impose new requirements for disclosure, case management, planning, and form of production of all electronically stored information.

What is VoIP? you ask. Ah. The article does a nice job of explaining:

VoIP, also known as IP Telephony, is the real-time transmission of voice signals using the Internet Protocol (IP) over the public Internet or a private data network. In simpler terms, VoIP converts the voice signal from a telephone into a digital signal that travels over the Internet, rather than over the traditional phone company-owned PSTN. As the caller speaks, the analog sound signal from his or her voice is rapidly converted into a series of small chunks of digital data commonly referred to as “packets.” Rather than routing the data over a dedicated line (similar to the way the PSTN functions), the data packets flow through a chaotic network along thousands of possible paths in a process called “packet switching.” Compared to the traditional PSTN, packet switching is very efficient because it lets the network route the packets along the least congested and cheapest lines.

The article goes on to advocate incorporating legal considerations of e-discovery into the design of any corporate VoIP system.

This is a specific example for my popular general thesis that data is everywhere, and the world is nothing more than a huge database. Data sources will continue to multiply and become ever more varied, so although experts love to discuss the “commoditization” of the the basic e-discovery process, at the upper levels of the profession, there is just such a maze of problems, and an arsenal of solutions.

Posted in Articles, Data Collection, Data Management, Data Sources, Trends | Tagged: , | Leave a Comment »

Mirror, Mirror, on the wall…

Posted by rjbiii on June 24, 2008

Wired has a set of twin articles out addressing life in the age of the Petabyte. A Petabyte is 1024 Terabytes, which is 1024 Gigabytes.

The internet came into being as a tool to enhance communication and collaboration. And it has. But it has also changed the behavior of its users, and many of those actions are now logged and stored. Combine that with a growing array of tools that record and store representations of human activity (CCTV, PDA’s etc…) and you can see that more than ever, there is a growing mass of data logging the details of individual, group, and global behavior. In the vernacular of copyright, records of our actions are now, more than ever, “fixed in a tangible medium,” and available for all sorts of purposes that wouldn’t have been possible in even the recent past.

Wired’s article on the “Petabyte Age” has a chart illustrating the differences in size between a Terabyte, with various data points in between. To cut to the chase, a Terabyte is viewed as a $200 hard drive that holds 260,000 songs, while a Petabyte is the total information “processed by Googles servers every 72 minutes.” If you have a moment, click on the above link…there are some interesting data points noted.

While the first article is interesting, the second article, The End of Theory, brings home the cogent point. The article proposes that the availability of statistics based on real behavior, rather than on imperfect models, will transform science:

Sixty years ago, digital computers made information readable. Twenty years ago, the Internet made it reachable. Ten years ago, the first search engine crawlers made it a single database. Now Google and like-minded companies are sifting through the most measured age in history, treating this massive corpus as a laboratory of the human condition. They are the children of the Petabyte Age.

In the words of the article, More is not just more, “more is different.” Google research director, Peter Norvig, is quoted as saying that “All models are wrong, and increasingly you can succeed without them.” The world is becoming a great big database.

Or perhaps just a series of smaller databases. The question we face in e-discovery concerns the rapid identification, organization, and cataloging of disparate types of data. In light of discussion over the effectiveness of search terms by Judge Grimm in Victor Stanley, Inc. v. Creative Pipe, Inc., 2008 WL 2221841 (D.Md. May 29, 2008 ), it seems certain that judicial scrutiny of search criteria formulation, and the objections to that formulation from the opposition will only increase.

Wired describes our brave new word as one in which:

[] massive amounts of data and applied mathematics replace every other tool that might be brought to bear. Out with every theory of human behavior, from linguistics to sociology. Forget taxonomy, ontology, and psychology. Who knows why people do what they do? The point is they do it, and we can track and measure it with unprecedented fidelity. With enough data, the numbers speak for themselves.

The use of these statistics in the legal arena will be something to follow closely. Could they be used to measure “community standards,” for example? Lawrence Walters, a defense attorney in a Florida obscenity case, argues that they can be used to help clarify what in the past was purely subjective. A New York Times piece has the details:

In a novel approach, the defense in an obscenity trial in Florida plans to use publicly accessible Google search data to try to persuade jurors that their neighbors have broader interests than they might have thought.

In the trial of a pornographic Web site operator, the defense plans to show that residents of Pensacola are more likely to use Google to search for terms like “orgy” than for “apple pie” or “watermelon.” The publicly accessible data is vague in that it does not specify how many people are searching for the terms, just their relative popularity over time. But the defense lawyer, Lawrence Walters, is arguing that the evidence is sufficient to demonstrate that interest in the sexual subjects exceeds that of more mainstream topics — and that by extension, the sexual material distributed by his client is not outside the norm.

In the movie, The Neverending Story, the hero (named Atreyu) is forced to view his reflection in a mirror that reveals to him “who he really is,” stripped of all flattering notions. The Age of the Petabyte gives us a mirror, of a sort, to look into and reveal things about ourselves that we might have otherwise disputed. Mr. Walters is trying to use that mirror, and hold it up for the Florida jurors. Whether his mirror is sufficiently objective is a discussion for another time, but we will see these methods used more frequently over time. Atreyu handled it. It will be interesting to see what we do with it.

Posted in Articles, Data Manipulation, Data Sources, Search Protocols, Trends | 1 Comment »