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Electronic evidence is a new weapon in the courts

Publish date: 02 February 2005
Issue Number: 1066
Diary: Legalbrief eLaw
Category: E-Discovery

The changing world of technology is challenging courts to keep pace with new laws addressing potential evidence and preserving privacy, legal experts say.

In the wired world, almost every crime intersects with the digital realm at one time or another and a single file, credit card purchase or stray e-mail message can provide the proof that clinches the case. However, reports CNN, the law governing digital evidence still lags behind the reality of cybercrime and there are few legal precedents to guide judges who often have little experience in the mercurial world of digital technology. Making the tracking of digital evidence even harder is the lack of highly trained personnel who are able to comb through the evidence. Given this relatively new area of law, there is earnest debate over digital evidence - what limits may be put on it and how information may be obtained and predictions that the laws governing evidence will need to be revisited to keep up to date with the technological developments. Full CNN report

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