ibls strategic global summit for e commerce march 16th and 17th 2006 l.
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Digital Evidence – Is it Admissible or Good Enough in Court? PowerPoint Presentation
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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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Presentation Transcript
digital evidence is it admissible or good enough in court
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.

digital evidence is it admissible or good enough in court3
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.

digital evidence is it admissible or good enough in court4
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.

digital evidence is it admissible or good enough in court5
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;
digital evidence is it admissible or good enough in court6
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);
digital evidence is it admissible or good enough in court7
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;