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Digital Evidence – Is it Admissible or Good Enough in Court?

IBLS Strategic Global Summit For E-Commerce, March 16th and 17th, 2006. Digital Evidence – Is it Admissible or Good Enough in Court?. Digital Evidence – Is it Admissible or Good Enough in Court?. Background Summary:

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Digital Evidence – Is it Admissible or Good Enough in Court?

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  1. IBLS Strategic Global Summit For E-Commerce, March 16th and 17th, 2006 Digital Evidence – Is it Admissible or Good Enough in Court?

  2. Digital Evidence – Is it Admissible or Good Enough in Court? • Background Summary: - The need to have an accurate, authentic, complete, durable and reproducible memory of facts. - The need to be able to believe the story that is being told to us. - If we know all the facts for sure, we will know how to judge the situation fairly in front of the law.

  3. Digital Evidence – Is it Admissible or Good Enough in Court? • Background Summary (cont´): - Thus, the need to have reliable evidence, capable of providing objective conviction about the facts. - The absence of appropriate evidence opens the door to: - uncertainty about what the true story is; - misconception of the reality; - injustice.

  4. Digital Evidence – Is it Admissible or Good Enough in Court? • Background Summary (cont´): - What kind of evidence do we usually use? - Witnesses (testimony and confession); - Documentary (photographs, writings, objects, etc.) - Opinion of experts, site inspections and technology (forensic activity). - The means we use to record the memory of our activity.

  5. Digital Evidence – Is it Admissible or Good Enough in Court? • What makes evidence credible: • It must be complete; • It must be accurate; • It must be authentic; • It must be enough; • It must be obtained and submitted validly;

  6. Digital Evidence – Is it Admissible or Good Enough in Court? • Digital Evidence. • Most countries admit it as evidence; • Its strength as evidence depends very much on the reliability of the technology; • How to prove reliability of technology; • Is it durable evidence? (evolution of technology);

  7. Digital Evidence – Is it Admissible or Good Enough in Court? • Recommendations: • Understand how your IT works and what it can actually do and not do; • How reliable is it to safely store, transmit, receive and reproduce information, without third party intervention; • Identify the procedure available to prove the reliability of your IT;

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