Learn how to collect and preserve online evidence with one click. eDiscovery is changing fast with more and more evidence occurring online. Find out about the latest laws, technologies and processes to capture evidence from web sites and social media.
4. 300% growth in cases that
include online evidence in 2014
40% of internet users have
experienced online harassment
60% of divorce cases include
Social Media data
5. Criminal Law & Internet (2014)
Child Exploitation 28%
ID of Witnesses 13%
Online Harassment 11%
Gang related 11%
Fraud 8%
Sexual Assault 9%
Violation of Probation 6%
Drugs 6%
Possession of Firearms
4%
Murder 2% Terrorism 2%
7. The
problem
with digital
evidence
Data Integrity
– How do you prove that a webpage has
not been tampered with?
Data Authenticity
– How do you prove the date & time a
page was captured?
– How do you prove from which URL a
snapshot was taken?
Data format
– Which data formats should be used?
8. Examples
of
guidelines
International Criminal Court:
– e-Court Protocol: web data must
include metadata
United States
– Rule 34(b)(1)(c) FRCP: web data is to
be produced in native format, with
metadata attached
– Rule 901(a) FRCP: data integrity &
authentic can be proven with digital
signatures & timestamps
9. Important
Lawsuits
● Re Vee Vinhnee (2005) This case identified
inadmissibility of mere printouts of digital content as
authentic evidence, and so the question had to be
asked: how can you legally verify a document from the
internet or digital origin?
● Lorraine v Markel Insurance Company (2007) This
landmark judgement originally discussed, and verified,
the legal necessity of authentication of digital content
when produced in court as digital evidence, in
accordance with Federal Rule of Evidence 901(a).
● United States v. Vayner (2014) In one of the most
recent and relevant cases to the current stance of
social media evidence, the courts found that printouts
of a social media account were wrongly admitted as
evidence without proper verification and authentication.
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Notas do Editor
eDiscovery, the legal process and record and evidentiary management have advanced both rapidly and dynamically in the past two decades due to a number of factors; namely the global community:
working
communicating and
living vicariously online and through electronic measures.
This lifestyle change, virtual correspondence and constant electronic record creation has had a dramatic affect on legal systems and law enforcement in jurisdictions across the globe.
No longer is the court and evidentiary process synonymous with copious amounts of traditional hard copy evidence - judicial systems across the globe push more for "paperless courts" and time and cost efficient methods of producing documents.
All the while legal professionals, litigators and litigation support teams must ensure compliance with evidentiary requirements, legal ethics and provide an efficient, reliable, eDiscovery process in the collection and preservation of this new form of evidence.
71% van de volwassenen connecten met vrienden via Facebook. Maar met die verschuiving komt ook een enorme verschuiving in risicos.
Pew Internet onerzocht cyber bulying online en vond dat in 2014 40% van volwassen te maken heeft gehad om online harassement.
Maar dat is niet het enige probleem. Een analyse van rechtszaken in de VS in 2014 toonde de volgende verdeling aan van het gebruik van website & social media in criminal cases.
Child exploitation
Identify witnesses
Online harassment
Gang involvement
Fraud
En voor civiele case:
Employment related
Insurance
Tort
IP
Contract related