Is internet surfing and Instant Messaging subject to eDiscovery?
Depending on the nature of a case, a user’s internet usage history as well as instant messaging conversations may be very relevant. Typically, the Windows operating system stores a record of each web site visited, as well as the actual web page (html) that was viewed by the user. Windows also keeps track of “cookies” and other credentials. Most of the time, we can find this information and provide it to counsel for interpretation. For example, in a recent matter involving an ex-employee suing her former company for sexual discrimination, the company directed us to search for evidence related to her constant internet surfing during work hours, on a company computer, for non-work related purposes. We were able to reproduce several months worth of internet sites visited, which was very helpful for defense counsel. Instant Messaging is a little different. It is easy to find a user’s buddy list information, as well as IM usage statistics. But, by default, instant messaging programs do not l
