Digital Evidence and Electronic Signature Law Review

from January 2004
Last Number: October 2013

Stephen Mason
ISSN 1756-4611




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Nbr. 10, October 2013

Editorial

Article

A syllabus to teach electronic evidence

Educating for the future: teaching evidence in the technological age

The advent of the technological age has had significant effect on litigation practice, none more so than in the area of evidence gathering and presentation in court. A significant proportion of evidence that is gathered for both criminal and civil matters is now electronic in nature, and this necessitates a change in the way that lawyers think and advise on evidential issues. It is argued here that rather than simply focusing on principles relating to the admissibility of evidence in court, t...

Fitting a quart into a pint pot: the legal curriculum and meeting the requirements of practice

Brandeis Brief in the case of In re William French Anderson

A Brandeis Brief is a brief to a court that combines evidence, testimony and arguments in relation to a matter, together with legal argument. The Brandeis Brief is named after Louis D. Brandeis, who was asked by Florence Kelley and Josephine Goldmark in 1907 to compile statistics from medical and sociological journals and list citations to the articles in representing the state of Oregon in the case of Muller v. Oregon, 208 US 412 in the United States Supreme Court, involving the constitution...

Here's the thing: the cyber search provisions of the Search and Surveillance Act 2012

Electronic evidence in intellectual property litigation: from the Chinese perspective

Since the promulgation of the newly amended Civil Procedure Law of China in 2013,1 the legal position of electronic evidence has been clarified as one form of direct evidence. This article provides an analysis of electronic evidence in intellectual property litigation from the Chinese perspective. In particular, three significant elements of electronic evidence will be discussed. They are the legal position, the admissibility of evidence and the probative force of electronic evidence. Since t...

The use of illegally obtained evidence in Belgium: a ?status questionis'

Almost every law system has an exclusionary rule which causes evidence to be withheld from court. However, rules about the exclusion of illegally obtained evidence are not always beyond criticism: courts and commentators throughout the world struggle to find a middle ground between ensuring fundamental rights on the one hand and ensuring justice on the other hand,1 or what could be called the costs and the benefits of the exclusionary rule.2 Even in the United States, mostly referred to as th...

Must e-Signatures be reliable?

This note criticizes the statutory requirement that the validity of an electronic signature depends on its being as reliable as appropriate in the circumstances. This requirement unfairly discriminates against electronic signatures (having no equivalent for signatures on paper). Common law does not impose any form requirements on what can be a signature, so no statutory standard is needed to support an e-signature. The law should not impose a standard of prudence that must vary among transact...

The Japanese law on unauthorized on-line credit card and banking transactions: are current legal principles with respect to unauthorized transactions adequate to protect consumers against information technology crimes in contemporary society?

International aspects of migrating digital forensics in the cloud

The cloud’s unstable design has had a significant effect on digital forensics. Promised efficiencies of the cloud map fairly well into the digital forensic regime, particularly for investigations where all people with relevant information are independently doing their own searching. However, as more data migrates to the cloud there are burdens on privacy, security and the development of forensic quality evidence: particularly off-shored data, persistent file rotation and frequent modification...

e-Justice as adopted in Bulgaria

On the 21 November 2012, the Bulgarian Council of Ministers adopted with its decision an important document for the judicial reform of the Republic of Bulgaria, referred to as the Concept on E-Justice (the ‘Concept’). The document is based on the Multi-annual Action Plan for the period 2009-2013 in the area of European E-Justice.

Updates on Malaysian cyber case law

In July 2012, the Malaysian government introduced section 114A of the Evidence Act 1950 (114A). The new law provides for the presumption of fact in publication in order to facilitate the identification and prove of the identity of an anonymous person involved in publication through the internet.

E-mail evidence and the hearsay rule - Commentary on a recent Malaysian case

Search and seizure for electronic evidence: procedural aspects of UAE's legal system

Electronic evidence in Tanzania

Electronic evidence and the Croatian Criminal Procedure Act

The purpose of this article is to present the provisions on the temporary seizure of electronic data, the search and seizure of electronic devices, and to consider the rules to preserve electronic evidence under the provisions of the Croatian Criminal Procedure Act (CPA). An overview of the standard procedures for the seizure of electronic data and electronic devices and the searching and preservation of evidence from electronic devices is also covered. The article is based on the review and ...

Electronic evidence and electronic signatures in Indonesia: the probative value of digital evidence

Indonesian procedural law altered slightly with the passing of Law No. 11 of 2008 Concerning Electronic Information and Transactions, and Government Regulation No. 82 of 2012. Indonesian law now provides for the probative value of electronic data to be classified as the best evidence for the purpose of legal proceedings. The probative value will be considered against the reliability of the security surrounding the data. The strongest probative value is given to digital evidence that uses digi...

The deed is done: on-line notarization becomes a reality

Digital data encryption - Aspects of criminal law and dilemmas in Slovenia

The purpose of the article is to present the issues and dilemmas of digital data encryption in the criminal context in Slovenia. Encrypting digital data with easy to use software (e.g. TrueCrypt) has become a simple task for everyone with basic computer knowledge. Although such encryption programs are free to use, they still contain extremely high-grade encryption algorithms. Thus, encrypted digital data is virtually inaccessible to investigators - they are usually unable to obtain access to ...

Case Note

Case note: The Netherlands

Case note: The Netherlands

Case note: The Netherlands

Case note: The Netherlands

Case note: The Netherlands

Case note: The Netherlands

Case note: The Netherlands

Case note: The Netherlands

Case note: The Netherlands

Case note: The Netherlands


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