Corante

CONTRIBUTORS

Denise Howell Denise Howell
( Profile | Archive )

Dennis M. Kennedy Dennis M. Kennedy
( Profile | Archive )

Tom Mighell Tom Mighell
( Profile | Archive )

Marty Schwimmer Marty Schwimmer
( Profile | Archive )

Ernest Svenson Ernest Svenson
( Profile | Archive )

Denise Howell is a seasoned appellate and intellectual property litigator based in Los Angeles. Denise writes one of the first and most popular law-related blogs, Bag and Baggage, coined the term "blawg" and helped pioneer podcasting for lawyers. Microcontent obsessed since 2001, she is frequently quoted in the media on legal issues involving intellectual property and technology law. "Sound Policy" is Denise's show at IT Conversations, and it's also what she hopes results from the briefs she submits to court. Email Denise at dhowell@gmail.com.

Dennis Kennedy is a computer lawyer and legal technology expert based in St. Louis, Missouri. An award-winning author, a frequent speaker and a widely-read blogger, he has more than 300 publications on legal, technology and Internet topics, many of which are collected in his e-books. Dennis has been described as someone who knows almost every rock song in existence and, more importantly, how they apply to technology and law. Email Dennis at his gmail address.

Tom Mighell is Senior Counsel and Litigation Technology Support Coordinator at Cowles & Thompson in Dallas. He has published the Internet Legal Research Weekly newsletter since 2000 and blogged about the Internet and legal technology at Inter Alia since August of 2002. With Tom's singing, Ernie on guitar and Dennis' encylopedic knowledge of rock music, we may have the beginnings of a good band, if this whole blog thing doesn't work out. Email Tom at tmighell@swbell.net.

Marty Schwimmer left a partnership in the largest trademark practice in the world and founded Schwimmer Mitchell, a full-service IP micro-boutique in Westchester County, New York, where he represents owners of famous and not yet famous trademarks. He founded The Trademark Blog, the first IP law blog and the one with the most pictures. He is the first to come in and the last to leave in his firm. Email Marty at marty@schwimmerlegal.com.

Ernest Svenson practices law with a mid-sized law firm in New Orleans, specializing in business-related lawsuits. Most of his practice takes place in federal court, especially the Eastern District. He is best known for his weblog Ernie the Attorney, which he started as an experiment. Like many experiments it got out of control. Nevertheless, he continues to practice law and, occasionally, to seek enlightenment. Email Ernest at esvenson@gmail.com.
About this blog
Between Lawyers provides just-in-time group commentary on the issues raised when technology, culture and the law intersect. We take you behind the firewalls and conference room doors to show you how experienced lawyers deal with these issues and help you prepare for the new challenges we all face. For more, see our introductory post.
In the Boston area?: Join us on June 11 for Startups and the Cloud, a free event on cloud computing with insights from Intuit founder Scott Cook and others

Between Lawyers

« 'Beyond The Popcorn Strategy' | Main | Our Morning Discussion of Metadata »

October 24, 2005

The UN Learns About Metadata and Uncovering Changes in Documents . . . Another Lesson for Lawyers

Email This Entry

Posted by Dennis M. Kennedy

The Times Online reports the latest in the growing list of documents that have been released with previous edits and other information still contained in the documents and readily accessible.

In this case, the UN released a report on the murder of Rafik Hariri, the former Lebanese Prime Minister, only to have, to put it mildly, embarrassing edits revealed because they were still contained in the released document.

As the article says:

THE United Nations withheld some of the most damaging allegations against Syria in its report on the murder of Rafik Hariri, the former Lebanese Prime Minister, it emerged yesterday.

The names of the brother of Bashar al-Assad, President of Syria, and other members of his inner circle, were dropped from the report that was sent to the Security Council.

The confidential changes were revealed by an extraordinary computer gaffe because an electronic version distributed by UN officials on Thursday night allowed recipients to track editing changes.

Extraordinary computer gaffe? These "gaffes" have become all too commonplace.

And too many lawyers remain unaware of the issue.

As an example, a lawyer sent me an email today noting this article and saying, "is my understanding correct that the two ways of preventing prior versions from being disseminated in a Microsoft Word document are by either changing the format to pdf or rtf, or by clicking 'accept changes' in Word?"

I thought I'd share my answer to that question:

Arrrghhh!!! Your second assumption is probably the CAUSE of the revisions being able to be revealed! It's absolutely not the solution.

The first method will generally work, but you can mess up and reveal revisions and other information (which I'll refer to as "metadata") even when using RTFs and PDFs. If you want to be really sure, you'll want to use a metadata cleaner and then save the document as a PDF. However, even then you need to become acquainted with the various issues out there and the actual dangers in documents.

Be aware that you can reintroduce that hidden info in a variety of ways after you think that you have "cleaned" it. By the way, don't make the assumption that the doc was in MS Word, even though the odds are that was the program used here. You can pull that prior version info out of other programs as well, including the beloved tool of many lawyers, WordPerfect. In addition, be careful about the assumptions you make about different versions of different programs. Don't make assumptions - make it your business to learn about the issues and the solutions.

This is important stuff, often with embarrassing and far-reaching results. There's no excuse for lawyers (and others) not to be familiar with the basic issues of metadata and to be knowledgeable about both the problems and the solutions. That is, unless they want to have their documents or their clients' documents appear in similar stories in the newspaper. Too many lawyers are operating in the dark on this one. Lawyers routinely send me documents that have metadata that is either easily visible or can readily be surfaced with little or no effort.

I posted a short primer on metadata and the related issues on my blog at http://www.denniskennedy.com/archives/2005_10.html#a000891. Use it as a starting point and then set aside a little time to get yourself up to speed on these issues. Making assumptions in this area is especially dangerous.

How many times do you (and lawyers in general) need to hear the alarm go off on these issues before you stop hitting the snooze button and going back to sleep?

Comments (0) + TrackBacks (0) | Category: Legal Technology | Technology | eDiscovery


POST A COMMENT




Remember Me?



EMAIL THIS ENTRY TO A FRIEND

Email this entry to:

Your email address:

Message (optional):




RELATED ENTRIES
New NY Advertising Rules Are Out There
(Head)Hunting Season
Best Wishes for 2007!
Legal Services and the LongTail
New Bar Blogging Policy Emphasizes Cluefulness, Participation
Disturbing Study on Treatment of Minority Female Lawyers
Are Blawgs Dead?
The Gospel of Blawging