Over the course of a combined 18 years in these roles, Peter has undertaken analysis
of electronic evidence in hundreds of criminal and civil matters, presented expert evidence to state and federal courts, investigated and remediated internal and external data breaches for numerous organisations, managed complex electronic discovery environments, and provided advice to government, public and private organisations in relation to cybersecurity and IT governance related issues.
Not exact matches
Also, as
of 2006, any type
of electronic records, including e-mail, can be used as
evidence in federal lawsuits.
Subject to Section 6 and the other terms and conditions
of the Plan, each Stock Appreciation Right grant will be
evidenced by an Award Agreement (which may be
in electronic form) that will specify the exercise price, the term
of the Stock Appreciation Right, the conditions
of exercise, and such other terms and conditions as the Administrator,
in its sole discretion, will determine.
In the United States, Canada, and recently England, major reviews of the evidence have concluded that electronic fetal monitoring should be reserved for high risk pregnancies.18 Use of electronic fetal monitoring has increased worldwide, however, in both low and high risk group
In the United States, Canada, and recently England, major reviews
of the
evidence have concluded that
electronic fetal monitoring should be reserved for high risk pregnancies.18 Use
of electronic fetal monitoring has increased worldwide, however,
in both low and high risk group
in both low and high risk groups.
If,
in the Sponsor's opinion, there is any suspected or actual
evidence of electronic or non-
electronic tampering with any portion
of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct
of the Promotion, the Sponsor reserves the right at their sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify or suspend the Promotion, or to terminate the Promotion and conduct a random drawing to award the prizes using all eligible, non-suspect entries received as
of the termination date.
For the background literature review and data analyses on which this policy statement and recommendations are based, refer to the accompanying technical report, «SIDS and Other Sleep - Related Infant Deaths:
Evidence Base for 2016 Updated Recommendations for a Safe Infant Sleeping Environment,» available
in the
electronic pages
of this issue (www.pediatrics.org/cgi/doi/10.1542/peds.2016-2940).3
In the past three years Clegg has backed the «snoopers» charter», pushed for secret courts and stood mutely as
evidence emerged
of widespread
electronic surveillance by the security services.
Once upon a time, news that spooks were routinely monitoring our
electronic communications, detaining those involved
in reporting that fact and forcing newspapers to destroy their
evidence of it would have brought Mr Clegg out
in a rash.
In a Feb. 3 filing that updated his investigation and the discovery process, Bharara submitted a filing to the judge noting that more than 1.7 million pages
of various emails, phone records and forensic
evidence from 22
electronic warrants have been made available to defense lawyers.
Court documents state that «the government seized extensive
electronic evidence and searched multiple hard drives»
in the process
of investigating him.
«First quantum
evidence of system - shrinking negative
electronic compressibility
in novel insulator.»
The parking committee's information technology contractor,
Electronic Data Systems, a subsidiary
of General Motors, scans
in all the
evidence as an image and stores the information
in a database.
«The experimental
evidence provided
in this study advances this research field toward the realization
of actively controllable integrated micro lasers,» wrote Taichi Goto, second author
of the paper and an assistant professor
in the department
of electrical and
electronic information engineering at the Toyohashi University
of Technology
in Japan.
Professor Peter McOwan from QMUL's School
of Electronic Engineering and Computer Science, and co-author
of the study, said: «This research is important, as it provides further
evidence that computers can be used as aids
in creative tasks.
Critical appraisal skills — including basic numeracy,
electronic database searching, and the ability systematically to ask questions
of a research study — are prerequisites for competence
in evidence based medicine.6 But clinicians need to be able to apply them to real case examples.51
«This paper adds to the rapidly growing body
of evidence raising concerns about the aggressive marketing
of electronic cigarettes
in those countries where it is still permitted.
Carrie receives a new piece
of electronic evidence from an undercover agent while staying glued to the surveillance footage
of life
in Brody's home, which reveals a man struggling with his traumatic memories and resisting pressure to become a media hero.
Electronic portfolios caught her interest because they provide a way for students to show clear
evidence of their teaching development
in a form that is easy to share, update, and store.
Early Child Development and Care Early Childhood Education Journal Early Education and Development Early Years: An International Journal
of Research and Development Education Education & Training Education 3 - 13 Education and Culture Education and Information Technologies Education and Society Education and Training
in Autism and Developmental Disabilities Education and Treatment
of Children Education and Urban Society Education as Change Education Economics Education Finance and Policy Education for Information Education Leadership Review Education Leadership Review
of Doctoral Research Education Libraries Education Next Education Policy Analysis Archives Education Research and Perspectives Education Sciences Education, Citizenship and Social Justice Educational Action Research Educational Administration Quarterly Educational and Developmental Psychologist Educational and Psychological Measurement Educational Assessment Educational Assessment, Evaluation and Accountability Educational Considerations Educational Evaluation and Policy Analysis Educational Forum Educational Foundations Educational Gerontology Educational Leadership Educational Leadership and Administration: Teaching and Program Development Educational Management Administration & Leadership Educational Measurement: Issues and Practice Educational Media International Educational Perspectives Educational Philosophy and Theory Educational Policy Educational Policy Analysis and Strategic Research Educational Practice and Theory Educational Psychologist Educational Psychology Educational Psychology
in Practice Educational Psychology Review Educational Research Educational Research and Evaluation Educational Research and Reviews Educational Research for Policy and Practice Educational Research Quarterly Educational Researcher Educational Review Educational Sciences: Theory and Practice Educational Studies Educational Studies
in Japan: International Yearbook Educational Studies
in Mathematics Educational Studies: Journal
of the American Educational Studies Association Educational Technology Educational Technology & Society Educational Technology Research and Development Educational Theory eJEP: eJournal
of Education Policy e-Journal
of Business Education and Scholarship
of Teaching E-Learning and Digital Media
Electronic Journal
of e-Learning
Electronic Journal
of Research
in Educational Psychology Elementary School Journal ELT Journal Emotional & Behavioural Difficulties Engineering Design Graphics Journal English Education English
in Australia English
in Education English
in Texas English Journal English Language Teaching English Teaching Forum Environmental Education Research Equity & Excellence
in Education Ethics and Education Ethnography and Education ETS Research Report Series Eurasian Journal
of Educational Research European Early Childhood Education Research Journal European Education European Educational Research Journal European Journal
of Contemporary Education European Journal
of Education European Journal
of Educational Research European Journal
of Engineering Education European Journal
of Higher Education European Journal
of Open, Distance and E-Learning European Journal
of Physics Education European Journal
of Psychology
of Education European Journal
of Science and Mathematics Education European Journal
of Special Needs Education European Journal
of STEM Education European Journal
of Teacher Education European Journal
of Training and Development European Physical Education Review
Evidence & Policy: A Journal
of Research, Debate and Practice Exceptional Children Exceptionality Exceptionality Education International
Oliver and Hannafin (2001) found that
evidence collection
in an
electronic environment often did not lead to the appropriate application
of the
evidence toward the problem solution.
In its final report, NASA engineers found no evidence of an electronic defect in Toyota vehicles capable of producing dangerous, high - speed unintended acceleration incident
In its final report, NASA engineers found no
evidence of an
electronic defect
in Toyota vehicles capable of producing dangerous, high - speed unintended acceleration incident
in Toyota vehicles capable
of producing dangerous, high - speed unintended acceleration incidents.
The jury is far from
in on this but there is a growing body
of evidence indicating that spending too much time with
electronic devices
in the formative years can, quite literally, interfere with brain development
in some areas.
It is literally the «
evidence of our own eyes», even though our eyes are
electronic ones out there
in orbit.
Sedona Canada does not analyze: (1) the meaning and consequences
of the «system integrity concept»
in the e-records provisions
of the
Evidence Acts — proof
of «records integrity» requires proof
of «records system integrity»; (2) the National Standard
of Canada for e-records management,
Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005 («72.34»); and, (3) the need of the parties to exchange verifications of compliance, provided by records management experts, of their electronic records management systems (ERMS's) with the national
Electronic Records as Documentary
Evidence CAN / CGSB -72.34-2005 («72.34»); and, (3) the need
of the parties to exchange verifications
of compliance, provided by records management experts,
of their
electronic records management systems (ERMS's) with the national
electronic records management systems (ERMS's) with the national standard.
The most frequently used kind
of evidence in all legal proceedings comes from
electronic technology, particularly records.
And it ignores the requirement
in the
electronic records provisions
of the
Evidence Acts that admissibility
of electronic records requires proof
of the «integrity
of the
electronic records system»
in which the records are stored.
However, there 2 other cases
in which the state
of electronic records management was provided, prior to admitting electronically - produced records as
evidence.
[iii] A more exclusive provision would state: «
In the absence of evidence to the contrary, a record stored in an electronic records system that is not proved to be in compliance with the National Standard of Canada, Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005, shall be deemed to lack integrity.&raqu
In the absence
of evidence to the contrary, a record stored in an electronic records system that is not proved to be in compliance with the National Standard of Canada, Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005, shall be deemed to lack integrity
evidence to the contrary, a record stored
in an electronic records system that is not proved to be in compliance with the National Standard of Canada, Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005, shall be deemed to lack integrity.&raqu
in an
electronic records system that is not proved to be in compliance with the National Standard of Canada, Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005, shall be deemed to lack integri
electronic records system that is not proved to be
in compliance with the National Standard of Canada, Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005, shall be deemed to lack integrity.&raqu
in compliance with the National Standard
of Canada,
Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005, shall be deemed to lack integri
Electronic Records as Documentary
Evidence CAN / CGSB -72.34-2005, shall be deemed to lack integrity
Evidence CAN / CGSB -72.34-2005, shall be deemed to lack integrity.»
When 72.34 (2d) becomes an NSC, we can all oppose the production at discovery, and use
of electronic records as admissible
evidence, on the grounds that the ERMSs that produced them have not been certified as being
in compliance with any authoritative ERMS standard.
[17] For the cases where private keys were used without the authority or authorization
of the person to whom the private key was linked, see the banking cases from the Russian Federation: Olga l. Kudryavtseva, «The Use
of Electronic Digital Signatures
in Banking Relationships
in the Russian Federation», Digital
Evidence and
Electronic Signature Law Review, 5 (2008), 51 - 57; Resolution
of the Federal Arbitration Court
of Moscow Region
of 5 November 2003 N K - A 40/8531 -03 -, Digital
Evidence and
Electronic Signature Law Review, 5 (2008), 149 - 151.
There is some debate
in the
evidence world whether the laws
of hearsay require amendment because
of electronic records.
Therefore I resigned from the project, as did the other lawyer - member
of the Working Group specialized
in the use
of electronic records as
evidence.
As to the use
of experts
in electronic records management, it is not yet the practice
of lawyers to use such experts, but it should be because the
Evidence Acts require it in order to use electronic records as evidence — e.g. s. 31.2 (1)(a) of the Canada Evidence Act, and, s. 34.1 (5), (5.1) of the Ontario Evidence Act, and the Evidence Acts of 9 other jurisdictions in Canada contain the same requirement (including the records provisions of Book 7 of the Civil Code of
Evidence Acts require it
in order to use
electronic records as
evidence — e.g. s. 31.2 (1)(a) of the Canada Evidence Act, and, s. 34.1 (5), (5.1) of the Ontario Evidence Act, and the Evidence Acts of 9 other jurisdictions in Canada contain the same requirement (including the records provisions of Book 7 of the Civil Code of
evidence — e.g. s. 31.2 (1)(a)
of the Canada
Evidence Act, and, s. 34.1 (5), (5.1) of the Ontario Evidence Act, and the Evidence Acts of 9 other jurisdictions in Canada contain the same requirement (including the records provisions of Book 7 of the Civil Code of
Evidence Act, and, s. 34.1 (5), (5.1)
of the Ontario
Evidence Act, and the Evidence Acts of 9 other jurisdictions in Canada contain the same requirement (including the records provisions of Book 7 of the Civil Code of
Evidence Act, and the
Evidence Acts of 9 other jurisdictions in Canada contain the same requirement (including the records provisions of Book 7 of the Civil Code of
Evidence Acts
of 9 other jurisdictions
in Canada contain the same requirement (including the records provisions
of Book 7
of the Civil Code
of Quebec).
That identifies a major reason for enacting the
electronic records provisions that are
in 11
of the 14
Evidence Acts
in Canada, including Book 7
of the Civil Code
of Quebec, i.e., so that
electronic records, such as those created by way
of such conversion
of paper records by imaging into secure
electronic storage, will
in law be «original records.»
The improper procedure imposed by CGSB caused me as the Chair, and the other senior lawyer specialized
in the use
of records as
evidence, Martin Felsky, [2] to resign from the CGSB committee that drafted what is now this National Standard of Canada: Electronic Records as Documentary Evidence CAN / CGSB -72.34-2017 («72.34 - 2017,» as of March 1, 2017
evidence, Martin Felsky, [2] to resign from the CGSB committee that drafted what is now this National Standard
of Canada:
Electronic Records as Documentary
Evidence CAN / CGSB -72.34-2017 («72.34 - 2017,» as of March 1, 2017
Evidence CAN / CGSB -72.34-2017 («72.34 - 2017,» as
of March 1, 2017, pdf.).
When you begin working with a client on a new litigation matter, you'll know something about the facts
of the case, but next to nothing about the
electronic evidence in your client's custody.
The problem is compounded
in the UK by the absence
of detailed guidance
in the Civil Procedure Rules about how to deal with
electronic evidence.
Therefore, just as the
electronic records provisions
of the
Evidence Acts state that
in order to function properly, they need standards such as 72.34 (e.g., s. 31.5 CEA; s. 34.1 (8) OEA; and, s. 41.6 AEA), those new laws will have to depend heavily upon new national standards.
And because such «systems integrity» is a very complex collection
of ERMS principles and practices, which collection is too big to put into a definition section
in such
Evidence Acts, compliance with the following NSC is the necessary test as to the existence
of that required «systems integrity»:
Electronic Records as Documentary
Evidence CAN / CGSB -72.34-2005 (72.34).
10 Where, on application, the Court is satisfied on clear and convincing
evidence that a written document embodies the testamentary intention
of a deceased individual, the Court may order that the written document is fully effective as the will
of the deceased individual, despite that the document was not made
in accordance with section 3 (1)(b) or (c) or 6 or is
in an
electronic form.
It's safe to say
electronic evidence — text messages, digital photos, cloud storage, and the internet
of things — will be involved
in every new case you have.
And the addition
in 1999 - 2000,
of the (still ignored)
electronic records provisions» required proof
of «systems integrity»
in the
Evidence Acts, was not simply another chapter added to the same old story, but rather a very different story requiring different rules and practices for discovery and admissibility proceedings.
The most important
evidence in many cases consists
of electronic items like emails, text messages, computer files, metadata, and databases.
In regard to best evidence rule issues, admissibility of electronic records requires proof of the «systems integrity» of the electronic records management systems (ERMSs) in which the records are recorded or stored; see for example: Canada Evidence Act (CEA) s. 31.2 (1)(a); Ontario Evidence Act (OEA) s. 34.1 (5), (5.1); Alberta Evidence Act s. 41.4 (1), (2); and the, Nova Scotia Evidence Act s. 23D (1
In regard to best
evidence rule issues, admissibility of electronic records requires proof of the «systems integrity» of the electronic records management systems (ERMSs) in which the records are recorded or stored; see for example: Canada Evidence Act (CEA) s. 31.2 (1)(a); Ontario Evidence Act (OEA) s. 34.1 (5), (5.1); Alberta Evidence Act s. 41.4 (1), (2); and the, Nova Scotia Evidence Act s.
evidence rule issues, admissibility
of electronic records requires proof
of the «systems integrity»
of the
electronic records management systems (ERMSs)
in which the records are recorded or stored; see for example: Canada Evidence Act (CEA) s. 31.2 (1)(a); Ontario Evidence Act (OEA) s. 34.1 (5), (5.1); Alberta Evidence Act s. 41.4 (1), (2); and the, Nova Scotia Evidence Act s. 23D (1
in which the records are recorded or stored; see for example: Canada
Evidence Act (CEA) s. 31.2 (1)(a); Ontario Evidence Act (OEA) s. 34.1 (5), (5.1); Alberta Evidence Act s. 41.4 (1), (2); and the, Nova Scotia Evidence Act s.
Evidence Act (CEA) s. 31.2 (1)(a); Ontario
Evidence Act (OEA) s. 34.1 (5), (5.1); Alberta Evidence Act s. 41.4 (1), (2); and the, Nova Scotia Evidence Act s.
Evidence Act (OEA) s. 34.1 (5), (5.1); Alberta
Evidence Act s. 41.4 (1), (2); and the, Nova Scotia Evidence Act s.
Evidence Act s. 41.4 (1), (2); and the, Nova Scotia
Evidence Act s.
Evidence Act s. 23D (1).
Electronic records management is a complex technology, which makes current legal infrastructure of statutes, guidelines, and case law that controls the use of electronic records as evidence very inadequate because it ignores these facts: (1) electronic records technology, and pre-electronic paper records technology are very different technologies — each requires its own unique legal infrastructure; (2) the many serious defects frequently found in electronic records management systems (ERMS's), and
Electronic records management is a complex technology, which makes current legal infrastructure
of statutes, guidelines, and case law that controls the use
of electronic records as evidence very inadequate because it ignores these facts: (1) electronic records technology, and pre-electronic paper records technology are very different technologies — each requires its own unique legal infrastructure; (2) the many serious defects frequently found in electronic records management systems (ERMS's), and
electronic records as
evidence very inadequate because it ignores these facts: (1)
electronic records technology, and pre-electronic paper records technology are very different technologies — each requires its own unique legal infrastructure; (2) the many serious defects frequently found in electronic records management systems (ERMS's), and
electronic records technology, and pre-
electronic paper records technology are very different technologies — each requires its own unique legal infrastructure; (2) the many serious defects frequently found in electronic records management systems (ERMS's), and
electronic paper records technology are very different technologies — each requires its own unique legal infrastructure; (2) the many serious defects frequently found
in electronic records management systems (ERMS's), and
electronic records management systems (ERMS's), and... [more]
Since 1978, I have acted as a legal advisor
in the creation and updating
of 72.34 and the other records management national standard, Microfilm and
Electronic Images as Documentary
Evidence CAN / CGSB -72.11-93 («72.11»), derived from which, more than 50 compliance tests are applied.
Much
of the value
of electronic evidence is often contained
in its «metadata», the record
of who has read or amended a document.
Preservation
of electronic documents on your own side
of litigation is mandated by the same rules always governing preservation
of evidence (such as ABA Model Rule 3.4), and also by specific e-discovery rules
in place
in the Federal (such as FRCP 26 (f)-RRB- and some state courts.
But the phrase
in the
electronic records provisions
of the
Evidence Acts, «the integrity
of the
electronic records [or documents] system,» requires an authoritative national standard to give it a sufficiently precise meaning to be workable — e.g. s. 31.2 (1)(a)
of the Canada
Evidence Act, and the reference to the use
of standards
in s. 31.5.
The basic concept
of e-disclosure has become familiar to many lawyers, but
in the absence
of the deluge
of electronic evidence promised to break over these shores a few years ago, many have yet to really consider its full implications.