Friday, August 21, 2009

E-Discovery in developing world...

Lately I have developed an acute interest in e-discovery and associated business challenges and technologies to overcome those. Obviously it is still in its infancy and came to the content world spotlight primarily because of the FRCP rule 26 which came into effect on December, 2006. There is not doubt in anyone's mind that organizations are facing huge challenge to keep a tab on its content (Physical or Electronic) which is ever growing in exponential rate thanks to lowering entry barrier helped by technology in creating digital content. Now as far as the law goes in United States the relevance and discover ability of any content is driven by FRCP and in coming days I am sure more digital content type will come under its purview e.g. Online Audio or Video files posted by employees or organizations in social networking sites may be). My curiosity is more to do with the status of e-Discovery initiatives in developing countries like India. Being not so well known for its efficiency in speedy and transparent justice system can countries like India help support implement E-Discovery initiatives across the legal landscape? What do we need for that? We need a whole new bunch of lawyers who are technologicall savvy and understands various nuances of Digital Content and its discoverability, we also need a complete overhauling of our legal rule book and define new laws with regard to discovery rules (whats come in and whats not) and we also need a very powerful local industry (KPOs ) which caters to the domesctice industry in e-Discovery efforts. Our organizations also need to spend billions in updating their existing IT infrastructure to make them compliance with any potential e-Discovery rule change. It is also important from a globalization aspirations as companies which do business overseas especially in US come under US FRCP purview.