Sept - Dec 2016
Global Digital Innovation
Edu Tech 


e- Discovery in a Digital World

Get a handle and it’s not Twitter.  It’s time to get a grip on Information Governance.  Information Governance is multi – faceted and includes e- Discovery, Cyber-hacking/ threats, Document Retention, both cloud and paper based and Compliance.

The discovery of documents or digital data is especially valuable in litigation, in a disciplinary hearing, in investigations and in adhering to corporate governance.  e – Discovery includes electronic communications – ranging from e-mails, electronic memorandums / communiques /documents (both internal and external), text messages and communications via social media.

e – data will and should form part of a Discovery request.  It is best to anticipate this. Mitigate loopholes and be alert that data deletion can hinder a successful case.  It is important to be alert on how, where and on what device (including BYOD) or system e-data is stored, automatic retention periods and company policy on retention as well as legal and regulatory requirements.  

 Deleted and non- deleted text/ e –mail messages: 

In as much as it is easy to text or e-mail colleagues, clients and pretty much anyone who you work with and or wish to work with, it is easy to delete the text or e-mail.  Be aware, deleted texts or e-mail may be retrievable and are useful e- discovery material.  A sound grasp of what constitutes use in the ordinary course of business will assist in streamlining requests for these forms of e-data.  Predictive coding and assisted review technologies will also streamline data searches.  

 At the same time be mindful of the rules of evidence in the Civil Proceedings Evidence Act 25 of 1965, the Criminal Procedure Act 51 of 1977 and the Electronic Communications and Transactions Act 25 of 2002. Knowledge of the law of evidence is indispensable, especially with regard to admissibility, authenticity and subpoenas, including operator and service company directed subpoenas.   Ensure that you have a firm grasp of forensic investigative technological tools and methods to identify subverted e-data.    In addition, consider cloud based discovery holds for different geographic users. Cloud based holds offer real time immediate access for potential e-data.  This prevents duplication exercises and is cautionary exercise for high risk potential liability e-data.

As smart companies do and even smarter General Counsel’s do, create a policy and educate your company and it’s employees.

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Creator Spaces   Designing Innovation Economics


Ayesha Dawood

I liked this when I came across it “Thinking is a kind of making, and making is a kind of thinking" says Jessie Shefrin former Provost of The Rhode Island School of Design and past Dean of Graduate Studies of The Rhode Island School of Design.

I like this too, alot 'design thinking ... is the expression of communication – the form itself...' that is the response I got when I asked John Maeda, at a talk at MIT this year what design thinking is -- Is it the form, is it the way it is presented .. and how does it impact international affairs? His response has got me mulling on innovation economics – and a very 21st century focus. The innovation economics idea was introduced to me by Professor William Fisher of Harvard Law School, Wilmer Hale Professor of Intellectual Property. And so Professor Fisher I take the liberty to propel this idea to designing innovation economics in the 21st century. So here I am positing Creator Spaces as innovation economics in action. And yes, Prof Fisher, Intellectual Property is important and as you say, only and only if it creatively engages with culture. So I take the creative engaging with the culture of a people, the culture of counties ... to a culture of creation. So, I am building and creating and designing too. Is this Ronald Dworkin`s chain novel theory playing itself out – a step by step building of things.

In particular I focus on Creator and Maker spaces which I call Creator Spaces. It is a movement rapidly gaining traction – and pioneering new pedagogies – tinkering, creator and playful learning pedagogies. No doubt this is influencing and will continue to improve a whole new wave – tinkering, playful learning and learning through play and exploration heralding novel creations as well as iterations in the new edu- tech era.

This is innovation economics birthed. A world of tinkering, software and hardware creation including an immersive engagement with technology and with materials –that is what empowers us to be courageous and creative. To make, to create – the art of playful learning and innovator spirit is boldly borne.

In seeing what we create – both online with immersive engaging of technology to building with our minds and hands to creating with materials to embracing the realm of possibilities and yes frameworks ( the lawyer in me screams legal frameworks as much computational thinking calls for system frameworks ). That is the power of Creator Space. They energise, motivate, uplift and propel growth in ones own sense of self, in creativity, in making, in building, in designing and cognition and critical thinking. And this is why it makes sense – it is innovation economics in both the digital and physical – a new form of a connected world – a world of immersive technology made simple – a world of creative making and a world of design and designing new things – software, new hardware, new things and while the search for new hardware forms and hardware materials is increasingly opening up new possibilities in materials.... Creator Spaces are about working with what is available as well making new from afresh and in that process new forms are birthed – New software creation is Creator Space and open source learning and remixing also lend impetus to this. See what amazing creations Scratch, an open source computer programme inspiring community learning and inspiring kids to create stories, animations and games - initiated at the MIT Media Lab Lifelong Kindergarden Group - is doing for kids globally here

Designing Creator Spaces is about inspiring people to take charge of their minds and ideas. I marvelled at watching the excitement and agility of the kids at MIT `s Scratch Day this May. Boundless enthusiasm and fun creations – and such confidence.

A new creator pedagogy in the making – yes – but maybe not so new in Africa and emerging economies where creator crafts and tinkering necessities were birthed. It is this staple that will take the shift to tinkering and artful play in emerging economies to levels unparalleled and a boon for innovation economics. Now that is design thinking innovation economics.  Creator Spaces is innovation economics. And yes, Intellectual Property matters.

Ayesha Dawood is a lawyer, writer and artist and educator. She is a Harvard and South African educated lawyer (@ConsultAyesha) She has an LL.M from Harvard Law School and is a recent Fellow of the Weatherhead Centre for International Affairs, Harvard University.