About Blog Craig Ball of Austin is a trial lawyer, computer forensic examiner, law professor and noted authority
on electronic evidence.
He is a frequent speaker
on electronic evidence topics.
For some of John's materials
on electronic evidence, check out his web page here.
Last week, they published a consultation paper
on electronic evidence.
Sharon has long written one of the best blogs out there
on electronic evidence and information security, Ride the Lightning.
What the Crown and the court were talking about was the series of provisions
on electronic evidence from s. 31.1 to s. 31.8 of the Act.
Not exact matches
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
A summary of the RCP's submission to the Future Forum workstream
on information: · The development of
evidence and consensus - based national standards for
electronic records is essential.
Some countries ban them, but British regulators are considering
electronic cigarettes
on prescription — we take a puff
on the
evidence
«At present, there is little direct
evidence demonstrating that
electronic alcohol screening and brief counseling intervention has a meaningful population - level effect
on excessive alcohol consumption or related harms in any group, and therefore its utility as a stand - alone public health approach is in doubt.
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.
An internal memo from Activision reveals the publisher is
on the hunt for
evidence related to Infinity Ward's plans to defect from Activision and go to its biggest competitor
Electronic Arts, the maker of the Medal of Honor war games —
on which West, Zampella and a good portion of Infinity Ward worked
on nearly 10 years prior.
Ken Chasse, who recently commented
on my last note
on e-
evidence under the Canada
Evidence Act (as reported here
on Slaw.ca), thinks that hearsay as well needs adjustment because of the malleability of
electronic records.
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.
R. v. Nde Soh is important because the Court accepted the need to receive
evidence on the issue of admissibility as to how the computer system that produced the «
electronic documents» worked.
However, the Principles are not intended to place significant focus
on records management (RM) or the importance or desirability of appropriate RM practices so as to be properly prepared for litigation, or
on issues related to the integrity of information systems under
Evidence Acts, or on the substantive law related to the admissibility of electronic records into e
Evidence Acts, or
on the substantive law related to the admissibility of
electronic records into
evidenceevidence.
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.
Although the recent Practice Directions for CPR Pt 31 have provided some guidance
on the handling of
electronic documents, the rules of best
evidence that apply to paper - based
evidence are of limited relevance.
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.
Such programs include, but are not limited to, education
on the following: a) an IT tool, process, or methodology designed to perform tasks that are specific or uniquely suited to the practice of law; b) using a generic IT tool process or methodology to increase the efficiency of performing tasks necessary to the practice of law; c) the investigation, collection, and introduction of social media
evidence; d) e-discovery; e)
electronic filing of legal documents; f) digital forensics for legal investigation or litigation; and g) practice management software.
Not surprisingly, Fred von Lohmann (congrats, by the way, Fred),
on the
Electronic Frontier Foundation's blog, cites this «spam - igation» as further
evidence that copyright law has become a breeding ground for «trolls intent
on shaking down individuals for fast settlements a thousand at a time.»
The Digital
Evidence and
Electronic Signature Law Review is published by Mason «with the Institute of Advanced Legal Studies (IALS), School of Advanced Study, University of London
on the SAS Open Journals System.»
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.
See these articles (pdf): (1) «Admissibility of
Electronic Records Requires Proof of Records Management System Integrity»; (2) «The Sedona Canada Principles are Very Inadequate
on Records Management and for
Electronic Discovery»; (3) «A Legal Opinion is Necessary for
Electronic Records Management Systems»; (4) «
Electronic Records as
Evidence»; and, (5) «Solving the High Cost of the «Review» Stage of
Electronic Discovery».
Meanwhile, blockchain technology is being used to provide
electronic evidence to shape verdicts: instead of relying
on a single judges» interpretation of the law, AI - provided answers to specific questions and clarifications relating to the case can help to disperse uncertainty in judgement.
Sherri Evans has taught
on a wide array of subjects including taxation, complex property, marital fraud,
electronic evidence, stock options, business entities, tracing separate property and business valuation issues.
John is a frequent author (fifteen books published by the ABA and hundreds of articles) and speaker
on legal technology, information security and
electronic evidence topics.
Even if they do, there are new challenges
on the horizon, including advances in technology such as the proliferation of smart phones, resulting in high volumes of
electronic evidence.
Mr. Arias has written, lectured and spoken
on various subjects at law schools, legal seminars, webinars and legal conferences
on topics including: litigating class actions, mass tort litigation, expert witness depositions and cross-examination, death care litigation, unfair business practices, business litigation, settlement issues and strategies, construction defect litigation, business torts, complex litigation,
electronic evidence, discovery, jury selection, the use of jury consultants and focus groups, employment law, trial of class actions and representative actions.
The reason that section 6
on standards was put into the Uniform Act was to try to ensure that such standards would be read broadly, toinclude if need be these private agreements
on how
electronic evidence would be handled.
The group also included a senior federal prosecutor who taught
evidence law, and a lawyer who represented Canada
on international delegations
on the law of
electronic transactions.
The authors of the article say that the statute should provide rules
on the weight given to
electronic evidence.
The best
evidence, however, is an April 2, 1994, news article in The Baltimore Sun, Lawyers in Cyberspace, about how Venable «recently hung out an
electronic shingle as a publisher
on the Internet — making articles by its lawyers available worldwide to users of the far - flung network of computer networks.»
The working group considered information in
electronic form to be essentially documentary
evidence — a point
on which the authors of the article do not disagree.
Lawyer Michael R. Arkfeld is a leading expert
on e-discovery and author of the treatise, Arkfeld
on Electronic Discovery and
Evidence.
(paragraph 9 point 1) The court also noted that there were «no generally acknowledged practices for preserving, documenting or securing
electronic evidence», but
on review, even the defendant's expert described the plaintiff's practice in this case as «picture perfect.»
There should be a rule that recognizes, in circumstances where the Law Society has had to copy
electronic records held by a third party, the Law Society may rely
on the copies as best
evidence and the onus is
on the lawyer to provide a forensic copy of those records if the lawyer wishes to dispute the quality of the
evidence.
The eDiscovery industry has been built by pioneers
on the backs of unsuspecting early adopter clients and technologists who shared a common vision, the digitization of the legal world and the inevitable mainstream adoption of
electronic evidence management.
And therefore, how can the Sedona Canada Principles — Addressing
Electronic Discovery be an adequate text, given that it completely ignores the importance of electronic records management, and the critical dependence on an electronic record upon its ERMS, and also the provisions of the Evid
Electronic Discovery be an adequate text, given that it completely ignores the importance of
electronic records management, and the critical dependence on an electronic record upon its ERMS, and also the provisions of the Evid
electronic records management, and the critical dependence
on an
electronic record upon its ERMS, and also the provisions of the Evid
electronic record upon its ERMS, and also the provisions of the
Evidence Acts?
Courts impose sometimes devastating sanctions for
electronic - discovery missteps; jurors punish companies for real or imagined destruction of
evidence; and American businesses spend enormous sums
on vendors and technologies that seem uncertain and quickly out of date.
When he came to the judge, Batson was able to show that one executive for the defendant firm should have had
electronic evidence on his laptop, but that — contrary to company policy
on electronic records — e-mails were destroyed.
Under the Federal Rules of
Evidence, a judge must determine whether a piece of electronic evidence is authentic and original, an issue no court had really touched on, even though digital evidence is easily mani
Evidence, a judge must determine whether a piece of
electronic evidence is authentic and original, an issue no court had really touched on, even though digital evidence is easily mani
evidence is authentic and original, an issue no court had really touched
on, even though digital
evidence is easily mani
evidence is easily manipulated.
«The law of e-discovery has largely been driven by a handful of federal judges who realized early
on [that]
electronic evidence was going to be a big issue in their courtrooms,» she says.
Federal Rule of Civil Procedure 26 (b)(2) mandates that lawyers meet and confer about discovery issues and agree
on how to handle
electronic evidence.
Under the plans, judges in one member state will be able to seize
electronic evidence held
on a service provider in another European country through a transnational European production order.
The Court rejects both of these arguments, and in doing makes some remarks
on electronic records and expert
evidence.
This appeal requires an examination of the effect of
electronic record management
on the laws of
evidence, which were formulated
on different assumptions about how records are kept.
You may not use these
electronic means to investigate or communicate about the case because it is important that you decide this case based solely
on the
evidence presented in this courtroom.
Evidence Act, s. 34.1 (1) «
electronic record» means data that is recorded or stored
on any medium in or by a computer system or other similar device, that can be read or perceived by a person or a computer system or other similar device, and includes a display, printout or other output of that data, other than a printout referred to in subsection (6);
See also: «The Sedona Canada Principles are Very Inadequate
on Records Management and for
Electronic Discovery»; and my Feb. 12th Slaw post,
Electronic Discovery: The Concept and Purpose of the Sedona Canada Principles 2nd Edition, and, «
Electronic Records as
Evidence,» and the other records management articles listed
on my SSRN author's page.