Thursday, November 13, 2008
12:30 p.m. – 2:00 p.m. EST
Playback: Monday, November 17, 3:30 p.m. – 5:00 p.m. EST

Shana Ivall

Employer Counsel
Sherrard Kuzz LLP

Sean McGee

Union Counsel
Nelligan O'Brien Payne

Leanne Chahley

Union Counsel
Blair Chahley

Phil Fodchuck

Senior Manager, Forensic and Dispute Services
Deloitte & Touche

Murray Rankin

Employer Counsel
Heenan Blaikie

ISSUES:

The monitoring of computer usage in the workplace is an increasingly common practice in Canadian workplaces. But how much do we really understand about what information can be obtained from computers, cellphones and other electronic technology? And how do we know whether the information collected is reliable, and what it can prove? In this session an expert in computer forensic investigation will join counsel who have litigated cases involving disputed digital evidence to explore the answers to these increasingly complex questions. Topics to be discussed will include:

• Collecting information: What technology exists to monitor and analyze employee activity on computers, phones and other electronic devices? How can and should it be deployed?
• Ambient digital evidence: What information lingers on electronic devices? How can it be retrieved?
• Understanding the information collected: What can we know about employee activity from information collected from computers and other electronic devices? (i.e. firewall logs, e-mail messages, text messages, etc.)
• Internet activity: What can we know about employee activity from what is found on the internet? (ie. blogs, facebook, etc.) How does one find out what is being said, where, and by whom? About the employer? About employees or prospective employees?
• Protecting information: How can the inadvertent alteration of data be avoided? How can the integrity of information be preserved so that it is admissible and reliable evidence? What can we know about how information has changed over time?
• Disputing digital evidence: What questions can and should be asked about the reliability and/or significance of information drawn from electronic devices? What kind of analysis needs to be undertaken in order to make such objections?
• Computer forensic analysis: What value can a computer expert provide in legal proceedings? How can tribunals, courts and arbitrators evaluate the credentials of a computer expert?

Listeners who register for this audio conference might also be interested in: Update on Cyberlaw in the Workplace: The changing limits on employee use of email and the internet

$195, plus GST (Registrations must be paid in advance of the audio conference). Registration costs are per listening site/telephone, so you can have any number of people listening at your location for one low price. Click here for registration information.