Legal Issues. Drama in Soviet Court . Post-Stalin (1955). Painted by Solodovnikov. Oil on Canvas, 110 x 130 cm . Computer Forensics COEN 252. Issues of Evidence. An information is admissible in court if it is Relevant Its probative value outweighs its prejudicial effect.
Drama in Soviet Court. Post-Stalin (1955). Painted by Solodovnikov. Oil on Canvas, 110 x 130 cm.
An information is admissible in court if it is
Stipulation: Agreement between parties or concession by one party in a judicial proceeding.
Is the generating program reliable?
Except as otherwise provided by statute, no evidence other than the original of a writing is admissible to prove the content of a writing. This section shall be known and may be cited as the best evidence rule.
California Rules of Evidence 1500.
"A person not acting under color of law" is also allowed to intercept an "electronic communication" where "such person is a party to the communication, or one of the parties to the communication has given prior consent to such interception."
The consent can be implicit, e.g. by using a computer protected with login banners.
Title III also permits providers of a communication service, including an electronic communication service, the right to intercept communications as a "necessary incident to the rendition of his service" or to protect "the rights or property of the provider of that service."
Two exceptions to the last rule:
The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Very difficult and interesting case law.
United States Customs Agents learned that William Roberts, a suspect believed to be carrying computerized images of child pornography, was scheduled to fly from Houston, Texas to Paris, France on a particular day. On the day of the flight, the agents set up an inspection area in the jetway at the Houston airport with the sole purpose of searching Roberts. Roberts arrived at the inspection area and was told by the agents that they were searching for "currency" and "high technology or other data" that could not be exported legally. Id. at 681. After the agents searched Roberts' property and found a laptop computer and six Zip diskettes, Roberts agreed to sign a consent form permitting the agents to search his property. A subsequent search revealed several thousand images of child pornography.
Steve Jackson Games, Inc. ("SJG") was primarily a publisher of role-playing games, but it also operated a network of thirteen computers that provided its customers with e-mail, published information about SJG products, and stored drafts of upcoming publications. Believing that the system administrator of SJG's computers had stored evidence of crimes, the Secret Service obtained a warrant and seized two of the thirteen computers connected to SJG's network, in addition to other materials. The Secret Service did not know that SJG's computers contained publishing materials until the day after the search. However, the Secret Service did not return the computers it seized until months later. At no time did the Secret Service believe that SJG itself was involved in the crime under investigation.