Location Data Evidence: From What the Data Is Through Its Collection, Usage, and Challenges in Litigation

Joe Sremack | CIPP/US, CFE, CISA

Joe Sremack is a digital forensics expert with over 20 years of experience as a data scientist, IT auditor, and software examiner. He has conducted analysis in hundreds of high-profile cases and investigations. Mr. Sremack applies his expertise to address complex issues involving the collection, analysis, and reporting of large, complex data and the design and use of software.

Mr. Sremack performs complex data analysis, system and business process analysis, complex data identification and management, data-intensive business process failure and underperformance issues, internal and government investigations, litigation, and regulatory compliance implementation and response. His work has spanned matters relating to class action certification, software intellectual property disputes, labor and employment litigation, consumer privacy litigation relating to online tracking and PII/PHI issues, artificial intelligence design and use, commercial litigation involving large sets of data for fact development, electronic discovery, and neutral expert roles where questions are present relating to system operations and/or data accessibility.

Mr. Sremack received his master of science in computer science from North Carolina State University. He is the author of Big Data Forensics and a frequent contributor to professional and academic organizations. He is an active member of the Association of Certified Fraud Examiners (ACFE), IEEE, International Association of Privacy Professionals, and Information Systems Audit and Control Association (ISACA).

I. Location Data | 2:00pm – 2:10pm

• Definition and Scope

II. Why Location Data Matters in Litigation | 2:10pm – 2:20pm

• Helps Answer the “Where” and “When” Questions
• Types of Cases (e.g., commercial litigation, criminal cases)
• Documentary Evidence
• Challenges (e.g., Need for interpretation, data privacy, accessing/using location data)

III. Location Data Collection and Storage | 2:20pm – 2:30pm

• Sources of location data
• Where location data is stored (e.g., mobile devices, company servers, and third-party applications)

IV. How Location Data Works and Methods to Collect It | 2:30pm – 2:50pm

• Sources and How They Work
  • GPS Data
  • Wi-Fi/Bluetooth Data
  • Cellular Records
  • IP Addresses
  • Advanced geospatial data (e.g., GIS and LiDAR)
• Examples of Location Data
  • Mobile Device Records
  • IP Addresses
  • GIS System Data
• Data Collection
  • Forensic Acquisition
  • Discovery productions/subpoena
  • Public Records

V. Challenges in Location Data | 2:50pm – 3:00pm

• Data Privacy
  • Cross-Border Data Issues (e.g., GDPR)
  • State Laws (e.g., California CCPA, etc.)
  • US Wiretapping Laws
• Authenticating Location Data
  • Reliability and Accuracy of the Evidence
  • IP Addresses
• Working with Location Data
  • Software
  • Managing Data

Break | 3:00pm – 3:10pm

VI. Location Data and Privacy Litigation | 3:10pm – 3:20pm

• Online Trackers
  • Website Trackers
  • Mobile App Tracking
• Third-Party Data Brokers

VII. Litigating Location Data Collection | 3:20pm – 3:40pm

• Use in Criminal Cases
• Use in Matrimonial Cases
• Use in Intellectual Property (e.g., trade secrets misappropriation)
• Location Data as Trial Graphics

VIII. Use of Experts | 3:40pm – 4:00pm

• Forensic Collection and Chain of Custody
• Interpretation of Data
• Establishing Authenticity of Data

IX. Closing Remarks | 4:00pm – 4:20pm