DIGITAL EVIDENCE: DOES THE LAW HAVE TO CHANGE WITH THE TECHNOLOGY? - - PowerPoint PPT Presentation

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Dec 13, 2022 310 likes •388 views

DIGITAL EVIDENCE: DOES THE LAW HAVE TO CHANGE WITH THE TECHNOLOGY? Presentation to The Law And Courts In An Online World International Conference Melbourne, Victoria, Australia, 8 and 9 November 2016 by Dr Steven Stern, Adjunct Professor, College

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DIGITAL EVIDENCE: DOES THE LAW HAVE TO CHANGE WITH THE TECHNOLOGY? Presentation to The Law And Courts In An Online World International Conference

Melbourne, Victoria, Australia, 8 and 9 November 2016 by Dr Steven Stern, Adjunct Professor, College of Law & Justice, Victoria University BEc LLB (Mon) LLM PhD (Melb); CTA; Barrister-at-Law, List S Gordon & Jackson, Victorian Bar; Registered Tax Agent; Registered Trade Mark Attorney; Senior Fellow, Economic Society of Australia; Member, Australian Academy of Forensic Sciences Inc

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What this presentation does?

It examines whether increasing transformation of computer

evidence

I.e. data from computers which were more commonly used

as storage media

Into digital evidence i.e. material on an increasingly broader

range of digital devices

Used more as operational tools) (Schatz, October 2007)
Should result in a change to the rules of evidence
That the courts use to determine
Whether to admit evidence into their proceedings

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What are the key issues?

Digital data can inherently become more volatile
By applications used such as those connected with operating on a

network

Which may be distributed across multiple jurisdictions globally (US

Department of Justice, July 2016)

Information technology has revolutionized society (Australian Crime

Commission, May 2009)

In making these revolutionary changes, information technology
Has had the effect of opening up new spheres for applying

traditional legal rules

Do the Courts’ evidentiary rules have to change substantially?
If so, how suitably to adapt to the technological changes?

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What is digital evidence?

It must be probative
It is transmitted in digital form
A party to litigation (or in inquisitorial systems,

a court) wishes to use it at trial

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What digital evidence may include?

Emails
Digital photographs
ATM transaction logs
Word processing documents
Instant message systems
Files saved from accounting programs
Spreadsheets
Internet browser histories
Databases
Computer memory contents
Computer backups
Computer print outs
Global positioning system tracks
Logs from a hotel’s electronic door locks
Digital video or audio file

Ref: https://en.wikipedia.org/wiki/Digital_evidence#cite_note-casey-1 accessed on Friday, 21 October 2016

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Example of use of digital evidence

United States investors’ claims against Australian banks
Re bank rate rigging case
Relies almost exclusively on
Trader emails, phone calls and electronic chats
Submitted by the Australian Securities and Investments Commission
In its local legal claim on
Alleged Bank Bill Swap Rate manipulation

Ref: John Kehoe, “PLO twist in bank rate rigging case” (Monday, 17 October 2016) Australian Financial Review 17

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