Maps

Computer maps document with graphics and words the location and flow of an organization’s electronically stored information (”ESI”).  They can serve as a complete catalogue of an organization’s electronic records.  Computer Maps are usually prepared to show networks of computers and related ESI storage devices.  In a large organization there may be separate maps for each department or business division. 

A computer map is more than just a complicated picture as shown below. To be useful in the legal context, it should include detailed indexes and explanations that provide a complete inventory of an organization’s ESI. The map will not only show locations, but provide information as to the types, amounts, and accessibility of ESI, the metadata associations, and the frequency, difficulties and costs associated with restoration of inaccessible ESI such as backup tapes, and the recycling schedules for these tapes.  The maps should also identify the various types of CPUs and media on which the ESI is processed and stored, and information as to the users of the system.  Ideally, the maps will provide the names and titles of all users, their actual retention and filing practices, and the external and mobile ESI devices they may use, such as laptops, thumb drives, phones and home computers. This kind of mapping greatly facilitates the preparation and implementation of effective litigation holds, and the collection, analysis and production of ESI.

Obviously the process of mapping out where ESI is stored is much more involved than taking inventories and drawing diagrams of computers.  It necessarily involves extensive interviews and analysis.  Still the diagrams - the visual maps - are, in my opinion, a key final end component of the mapping process. These visual tools are invaluable demonstrative aids to help an attorney and judge understand where and how electronic evidence is stored.  This understanding allows attorneys to better supervise the preservation and search for this evidence, and judges to evaluate the reasonability of these efforts.  The maps also facilitate the interviews and depositions of IT and records management personnel, as well as the key witnesses involved in a dispute.   A good computer map also helps a lawyer and testifying experts to explain to the Court the problems inherent in electronic evidence preservation and production, and why certain types of ESI are inaccessible and should be protected from discovery.

The complexity of today’s computer networks can be readily seen by these computer maps, including the one shown below that Microsoft submitted to the Federal Rules Committee in 2004 when they were preparing the new rules on e-discovery.

Although most think this map illustrates a complex system, it frequently is far worse. Most medium to large size companies have much more complex systems in each office. The beautifully drawn map below shows the network of Purdue University’s engineering department.   This network is closer in size to that of a typical office in a medium to large corporation.  Since most large companies have dozens, if not hundreds, of such offices throughout the world, and the computer networks of each are usually interconnected, the total network map would be huge.  It certainly could not be drawn in the kind of detail you see below.  But if you imagine the map below multiplied a dozen or hundred times over, then you will get a pretty good idea of the challenges faced by e-discovery attorneys today.