In SONY v. Arellanes, in the Eastern District of Texas, in Sherman, Texas, the Court has granted the RIAA's motion for reconsideration and revised its October 27, 2006, order governing the hard drive inspection. However, with minor variation, the new order is simply a more detailed version of the first order.
Under the Court's March 14, 2007, order the procedure is as follows:
-RIAA can use its own imaging specialist to make the mirror image of the hard drive;
-a mutually acceptable computer forensics expert shall make 2 verified bit images, and create an MD5 or equivalent hash code;
-one mirror image will be held in escrow by the expert, one will be given to defendant's lawyer for a 'privilege review';
-defendant will provide plaintiffs with a privilege log;
-after privilege questions are resolved, the escrowed image -- with privileged files deleted -- would be turned over to RIAA lawyers; and
-information turned over to RIAA lawyers would be for lawyers' eyes only.
Under the October 27, 2006, order*, the mutually agreeable expert was to create the mirror image, and it was left to the parties to agree upon a mutually acceptable protective order.
March 14, 2007, Order Granting Reconsideration of Protective Order Motion and Revising October 27, 2006, Order*
* Document published online at Internet Law & Regulation
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