Electronic Evidence and the Law

Abstract

Today, documents and data are likely to be encountered in electronic form. This creates a challenge for the legal system since its rules of evidence evolved to deal with tangible (“physical”) evidence. Digital evidence differs from tangible evidence in various respects, which raise important issues as to how digital evidence is to be authenticated, ascertained to be reliable and determined to be admissible in criminal or civil proceedings. This article explains how digital evidence differs from traditional “physical” evidence and reviews the current state of the law with regard to the processes of authentication, reliability and admissibility.