TY - GEN AU - Mason, Stephen, ed. TI - Electronic Evidence SN - 9788180388637 U1 - 345.064 PY - 2013/// CY - London PB - Lexis Nexis KW - Electronic evidence -- Commonwealth countries. Electronic records -- Law and legislation -- Commonwealth countries. Computer files -- Law and legislation -- Commonwealth countries. Evidence, Documentary -- Commonwealth countries. Electronic discovery (Law) -- Commonwealth countries. Electronic evidence. Electronic discovery (Law) N2 - Contents Machine generated contents note: ch. 1 The sources of digital evidence Introduction The computer The components of a computer system Data storage facilities Data formats Starting a computer Types of evidence available on a computer Files and logs Documents and files created or modified by the purported user System and program files Temporary files and cache files The legal consequences of the temporary files and cache files Deleted files Handheld devices Networks Types of network Types of application that run on a network Concluding remarks ch. 2 The characteristics of electronic evidence in digital format The dependency on machinery and software The mediation of technology Speed of change Volume and replication Metadata Types of metadata Social context and metadata Storage media Illicitly obtaining confidential data Anti-forensics and interpretation of evidence Contents note continued: Data destruction Falsifying data Hiding data Attacks against computer forensics Trail obfuscation Reviewing the intellectual framework ch. 3 Proof: the investigation, collection and examination of digital evidence Guidelines for handling digital evidence Subject areas of expertise Handling digital evidence Identifying digital evidence Gathering digital evidence Preserving digital evidence Analysis of digital evidence Tools Traces of evidence Reporting Future considerations ch. 4 Authenticating digital data Issues to be taken into account for the authenticity of electronic documents General considerations relating to authenticity Technical considerations relating to authenticity Organisational characteristics Towards an understanding of authentication Judicial approaches to the authentication of digital data Contents note continued: ch. 5 Mechanical instruments: the presumption of being in order Presumptions Proof of reliability Problems with software Of the use of language and `bugs' The nature of `reliable' Re-introduction of the presumption Challenging the presumption `Working properly' ch. 6 Encrypted data Methods to obtain decrypted data Refusal to reveal the key England &​ Wales United States of America Defence application to disclose encrypted data: Canada Encrypted data: the UK statutory regime Surveillance Commissioner The infrastructure Disclosure of a key Failure to comply with a notice Tipping off ch. 7 Using graphical technology to present evidence Basic court technology The effect of using visual evidence Technology Examples of computer-generated visualisations in the US Virtual reality technology in US courts Contents note continued: Examples of computer-generated visualisations in England and Wales Computer-generated visualisations in Australia Issues arising from the use of computer-generated visual images in court The effect of the use of computer-generated visual images in court Advantages and disadvantages of computer-generated visual images in court Recommendations regarding the use of computer-generated visual images in court Introducing computer-generated animations and simulations into legal proceedings The factual foundation The underlying scientific or technical theory Authenticity of the simulation Prejudicial effect ch. 8 Australia Relevance and admissibility The `best evidence' rule The expert witness Electronic transactions and electronic signatures Civil proceedings Pre-commencement powers Destruction of evidence Urgent search and seizure orders (Anton Piller orders) Contents note continued: Discovery Confidentiality Privacy Criminal proceedings Pre-trial Seizing electronic evidence from a computer at the premises Seizing electronic equipment Evidence that may be taken from a computer Electronic evidence that is seized Damage to electronic equipment Warrants to enter Admissibility Defects in warrant Seizure of evidence relating to other offences Offences for breaches of privacy Disclosure Regulatory bodies ch. 9 Canada Introduction: The Canadian legal landscape Admissibility and weight Types of evidence Primary and secondary evidence (relevance) The rules of evidence Electronic documents Best evidence rule Web-based evidence Electronic signatures Computer-generated animations and simulations Video-tape and security camera evidence Freedom of information and privacy Before action Discovery Contents note continued: Confidentiality and legal professional privilege Before trial Trial ch. 10 England &​ Wales Evidence Direct and indirect evidence Real evidence Best evidence Primary and secondary evidence Weight Document Book or paper Instrument Writing Record Hearsay Exception to the hearsay rule: Bankers' Books Video-recorded and tape-recorded evidence Data protection Freedom of information Enterprise Act Obtaining disclosure from third parties Disclosure from foreign countries Search orders Service Authenticity of evidence Confidentiality and legal professional privilege Contents note continued: Conducting a criminal investigation across state borders Encrypted data Evidence from other jurisdictions ch. 11 European Union Investigations Interpretation Preliminary investigation proceedings Admissibility of evidence Competence Mutual recognition in criminal matters Mutual assistance in criminal matters Criminal investigation and prosecution Eurojust The European Prosecutor Police cooperation The challenges of criminal law and procedure European arrest warrant European evidence warrant European investigation order ch. 12 Hong Kong Special Administrative Region, People's Republic of China Law of evidence in general Sources of law Electronic records Electronic and digital signatures Contents note continued: The role of expert witnesses Rules of production of electronic evidence Business records Pre trial Records admitted under s 22A, EO Evidence by way of live television link or video recording Authentication Dealing with documents at the end of proceedings ch. 13 India Law of evidence Information technology law in India Amendments to the Evidence Act Parameters for evidence to be admissible Relevance Appreciation Authentication and presumptions Miscellaneous provisions Amendments to the Banker's Book Evidence Act, 1891 Notice by electronic means Amendments to the IT Act Authentication of electronic records Digital Signature and Electronic Signature Recognition of electronic records Jurisdictional issues in India Contents note continued: Jurisdiction for civil proceedings Jurisdiction for criminal cases Jurisdiction for international cases Summons and discovery Costs Investigation Search and seizure of digital evidence Cyber forensics in India ch. 14 Ireland, Republic of Hearsay rule Authenticity Recent legislative developments Anton Piller Orders Privilege The best evidence rule Unlawfully obtained evidence Right of witnesses to give evidence by live television link Before trial: Obtaining evidence in criminal proceedings Disclosure and preservation of evidence Admissibility of evidence at trial ch. 15 New Zealand Presumptions and evidence produced by machine Contents note continued: Documents and peculiarities of admissibility Reconstructions, simulations and experiments Inspection Urgent search and seizure The privilege against self-incrimination Specific relationship privileges Privileges arising from relationships of trust and confidence Search warrants Search and Surveillance Act 2012 ch. 16 Scotland The Scottish legal system The nature of the law The court system The Scots law of evidence Common law principles Legislative innovation divergence of civil and criminal rules Perceived problems surrounding the admissibility of electronic evidence Acquisition of evidence The presentation of electronic evidence in court Electronic images Remote evidence Contents note continued: Computer-generated evidence and the role of experts The digitisation of paper evidence Criminal procedure Digitisation of paper and electronic recording of evidence Practical constraints Conclusion ch. 17 Singapore Introduction to the Singapore Evidence Act Digital evidence and the Singapore Evidence Act Admitting computer output the 1996 regime Modes of admissibility for digital evidence Authenticating digital evidence Admitting electronic evidence the new regime Authentication and electronic records General presumptions of authenticity Secure electronic records Other enabling legislation Other rules of evidence The role of the solicitor and client Third parties Non-disclosure and its consequences Urgent search and seizure orders The use of forensic tools and the expert witness Illegally obtained evidence ch. 18 South Africa Background The Computer Evidence Act of 1983 The UNCITRAL Model Law The ECT Act of 2002 Data messages and their admissibility Requirements for a data message to be admissible Original form Production Hearsay and its exceptions Exception provided by the Law of Evidence Amendment Act Exception where the author of a data message is not available Exceptions for business records Data messages as real evidence Doubts about accepting data messages as real evidence Reliability of data messages Graphics, audio, and video Computer programs Contents note continued: Witnesses and expert witnesses for data messages Evidential weight of data messages Presumptions in favour of data messages Presumption in favour of advanced electronic signatures Presumption in favour of data messages made in the course of business Common law presumption in favour of public documents Guidelines for assessing the evidential weight of data messages Records and confidentiality Duty to keep records Confidential information Data messages in civil proceedings Urgent search and seizure (Anton Piller) orders Discovery in terms of the High Court Rules of Court Access to information in terms of the Promotion of Access to Information Act Evidence improperly obtained Expert witnesses Limiting the use of digital evidence Electronic service and filing papers Data messages in alternative dispute resolution Data messages in criminal proceedings Contents note continued: Interception centres and the Office for Interception Centres Interception directions Decryption directions Evidence obtained without the required authority Using electronic equipment in court Electronic forensics Interpreting the law of evidence ch. 19 United States of America Pre-filing investigation and retention Sanctions for spoliation Trial ER -