|
Electronic Evidence in Small Cases and Private Litigation
By: Linda Volonino, Ph.D. |
I. New Technology, Old Tactics
The development of electric lights at the turn of the 19th century gradually and grudgingly replaced gas lighting in homes. This new technology was so misunderstood that people would change their light bulbs in a hurry so the electricity did not "leak out." Despite the technological advance, outdated tactics remained. The familiarity of old tactics makes them comfortable and resistant to change-even when they are wrong or better methods have emerged. Similarly, misunderstanding electronic evidence (e-evidence) and how it can be discovered and used cost-effectively in small cases and private litigation has constrained its use. Such a constraint may disadvantage a client, case, or career.Failing to build or defend a case in the best manner-which may be informed by electronic records, documents, or data-may not only prejudice the case, but be deemed malpractice. The power of eevidence together with expert interpretation(s) of that evidence can incriminate or exonerate a client, or otherwise determine the outcome of a case.
This article discusses e-evidence-and computer forensic recovery of that evidence-with a focus on the two primary considerations affecting its use in smaller cases and investigations: effectiveness and cost.
II. E-Evidence Breeding Grounds
Since development of the World Wide Web in 1991, we have witnessed astonishing growth in the personal, professional, and criminal use of networked computers, the Internet, e-mail and voice-mail systems, and wireless devices. Computers and communication devices create and store huge amounts of "digital details" in their memory, data files, and logs. In addition, as files and messages are saved or sent, software automatically generates artifacts, or metadata.1Far more information is retained on a computer or handheld device than most people realize. Rarely are users aware that their activities have left multiple trails of evidence.2 As such, they make no attempt to purge those trails regardless of how incriminating they might be. Even techno-savvy users who want to go undetected may not be able to delete or disguise all trails of their activities or artifacts completely. This creates breeding grounds for evidence that lawyers could use to support or defend their clients.
Another factor enhancing the effectiveness of e-mail and other electronic records is their perceived candidness and credibility. The sample cases in Table 1 illustrate not only how effective and credible eevidence can be, but also that it may be the only evidence.
Robson Forensic is an integrated team of Forensic Engineers, Architects, Scientists and Fire Investigators. Their experts include Civil, Construction, Mechanical, Structural and Electrical Engineers, Architects and Certified Fire Investigators.
See Robson Forensic's Listing on Experts.com.
©Copyright - All Rights Reserved
DO NOT REPRODUCE WITHOUT WRITTEN PERMISSION BY AUTHOR.
