The eDiscovery Medicine Show
This addresses the problem of unreliable technology adoption in eDiscovery for legal professionals, but it is incremental as it builds on existing critiques without introducing new solutions.
The paper critiques the promotion of obsolete and unvalidated eDiscovery technologies, comparing it to historical patent medicine shows, and argues that proper testing using information retrieval methods is needed to end this practice.
The practice of bloodletting gradually fell into disfavor as a growing body of scientific evidence showed its ineffectiveness and demonstrated the effectiveness of various pharmaceuticals for the prevention and treatment of certain diseases. At the same time, the patent medicine industry promoted ineffective remedies at medicine shows featuring entertainment, testimonials, and pseudo-scientific claims with all the trappings--but none of the methodology--of science. Today, many producing parties and eDiscovery vendors similarly promote obsolete technology as well as unvetted tools labeled "artificial intelligence" or "technology-assisted review," along with unsound validation protocols. This situation will end only when eDiscovery technologies and tools are subject to testing using the methods of information retrieval.