Electronic Evidence
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Electronic Evidence
Electronic evidence consists of these two sub-forms: * analog (no longer so prevalent, but still existent in some sound recordings e.g), and * digital evidence (see longer article) This rather complex relationship can be depicted graphically as shown in this part of an EU-funded project on the topic embedded here at the right. Chapter 10 of the associated 2018 book goes into more detail, as does the website, http://www.evidenceproject.eu/categorization Electronic evidence can be abbreviated as e-evidence; this shorter term is gaining in acceptance in Continental Europe. This page covers mainly activity there and on the international level. Access to electronic evidence Access is the area where much of the current activity on the international level is taking place. A network called the Internet & Jurisdiction Policy Network holds global conferences on the topic at various locations. Here are six key supranational developments in Geneva, New York, Strasbourg, Paris and Brussel ...
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Digital Evidence
In evidence law, digital evidence or electronic evidence is any probative information stored or transmitted in digital form that a party to a court case may use at trial. Before accepting digital evidence a court will determine if the evidence is relevant, whether it is authentic, if it is hearsay and whether a copy is acceptable or the original is required. The use of digital evidence has increased in the past few decades as courts have allowed the use of e-mails, digital photographs, ATM transaction logs, word processing documents, instant message histories, files saved from accounting programs, spreadsheets, internet browser histories, databases, the contents of computer memory, computer backups, computer printouts, Global Positioning System tracks, logs from a hotel’s electronic door locks, and digital video or audio files. Many courts in the United States have applied the Federal Rules of Evidence to digital evidence in a similar way to traditional documents, although ...
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Internet & Jurisdiction Policy Network
The Internet & Jurisdiction Policy Network, also known as "I&J Policy Network", "Internet & Jurisdiction, or simply "I&J", is the multistakeholder organization fostering legal interoperability in cyberspace. Its Secretariat facilitates a global policy process between key stakeholders to enable transnational cooperation and policy coherence. Participants in the Policy Network work together to preserve the cross-border nature of the Internet, protect human rights, fight abuses, and enable the global digital economy. Since 2012, the Internet & Jurisdiction Policy Network has engaged more than 300 key entities from different stakeholder groups around the world, including governments, the world's largest Internet companies, the technical community, civil society groups, leading universities and international organizations. The Secretariat of the Internet & Jurisdiction Policy Network is based in Paris, France. It was founded in 2012 by Executive Director Bertrand de La Chapelle and De ...
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International Organization For Standardization
The International Organization for Standardization (ISO ) is an international standard development organization composed of representatives from the national standards organizations of member countries. Membership requirements are given in Article 3 of the ISO Statutes. ISO was founded on 23 February 1947, and (as of November 2022) it has published over 24,500 international standards covering almost all aspects of technology and manufacturing. It has 809 Technical committees and sub committees to take care of standards development. The organization develops and publishes standardization in all technical and nontechnical fields other than electrical and electronic engineering, which is handled by the IEC.Editors of Encyclopedia Britannica. 3 June 2021.International Organization for Standardization" ''Encyclopedia Britannica''. Retrieved 2022-04-26. It is headquartered in Geneva, Switzerland, and works in 167 countries . The three official languages of the ISO are English, Fren ...
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United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmonizing the actions of nations. It is the world's largest and most familiar international organization. The UN is headquarters of the United Nations, headquartered on extraterritoriality, international territory in New York City, and has other main offices in United Nations Office at Geneva, Geneva, United Nations Office at Nairobi, Nairobi, United Nations Office at Vienna, Vienna, and Peace Palace, The Hague (home to the International Court of Justice). The UN was established after World War II with Dumbarton Oaks Conference, the aim of preventing future world wars, succeeding the League of Nations, which was characterized as ineffective. On 25 April 1945, 50 governments met in San Francisco for United Nations Conference ...
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Convention On Cybercrime
The Convention on Cybercrime, also known as the Budapest Convention on Cybercrime or the Budapest Convention, is the first international treaty seeking to address Internet and computer crime (cybercrime) by harmonizing national laws, improving investigative techniques, and increasing cooperation among nations. It was drawn up by the Council of Europe in Strasbourg, France, with the active participation of the Council of Europe's observer states Canada, Japan, the Philippines, South Africa and the United States. The Convention and its Explanatory Report was adopted by the Committee of Ministers of the Council of Europe at its 109th Session on 8 November 2001. It was opened for signature in Budapest, on 23 November 2001 and it entered into force on 1 July 2004. As of October 2022, 67 states have ratified the convention, while a further two states (Ireland and South Africa) have signed the convention but not ratified it. Since it entered into force, important countries like Brazil ...
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Mutual Legal Assistance Treaty
A mutual legal assistance treaty (MLAT) is an agreement between two or more countries for the purpose of gathering and exchanging information in an effort to enforce public or criminal laws. A mutual legal assistance request is commonly used to formally interrogate a suspect in a criminal case, when the suspect resides in a foreign country. Synopsis Modern states have developed mechanisms for requesting and obtaining evidence for criminal investigations and prosecutions. When evidence or other forms of legal assistance, such as witness statements or the service of documents, are needed from a foreign sovereign, states may attempt to cooperate informally through their respective police agencies or, alternatively, resort to what is typically referred to as requests for “mutual legal assistance." The practice of mutual legal assistance developed from the comity-based system of letters rogatory, though it is now far more common for states to make mutual legal assistance requests dire ...
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Stored Communications Act
The Stored Communications Act (SCA, codified at 18 U.S.C. Chapter 121 §§ 2701–2712) is a law that addresses voluntary and compelled disclosure of "stored wire and electronic communications and transactional records" held by third-party internet service providers (ISPs). It was enacted as Title II of the Electronic Communications Privacy Act of 1986 (ECPA). The Fourth Amendment to the U.S. Constitution protects the people's right "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures". However, when applied to information stored online, the Fourth Amendment's protections are potentially far weaker. In part, this is because the Fourth Amendment defines the "right to be secure" in spatial terms that do not directly apply to the "reasonable expectation of privacy" in an online context. The Fourth Amendment has been stressed as a right that protects people and not places, which leaves the interpretation of the amendment's langua ...
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CLOUD Act
The Clarifying Lawful Overseas Use of Data Act or CLOUD Act () is a United States federal law enacted in 2018 by the passing of the Consolidated Appropriations Act, 2018, PL 115-141, Division V. The CLOUD Act primarily amends the Stored Communications Act (SCA) of 1986 to allow federal law enforcement to compel U.S.-based technology companies via warrant or subpoena to provide requested data stored on servers regardless of whether the data are stored in the U.S. or on foreign soil. Background The CLOUD Act was introduced following difficulties that the Federal Bureau of Investigation (FBI) had with obtaining remote data through service providers through SCA warrants, as the SCA was written before cloud computing was a viable technology. The situation was highlighted from a 2013 drug trafficking investigation, during which the FBI issued an SCA warrant for emails that a U.S. citizen had stored on one of Microsoft's remote servers in Ireland, which Microsoft refused to provide. ...
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Microsoft Corp
Microsoft Corporation is an American multinational technology corporation producing computer software, consumer electronics, personal computers, and related services headquartered at the Microsoft Redmond campus located in Redmond, Washington, United States. Its best-known software products are the Windows line of operating systems, the Microsoft Office suite, and the Internet Explorer and Edge web browsers. Its flagship hardware products are the Xbox video game consoles and the Microsoft Surface lineup of touchscreen personal computers. Microsoft ranked No. 21 in the 2020 Fortune 500 rankings of the largest United States corporations by total revenue; it was the world's largest software maker by revenue as of 2019. It is one of the Big Five American information technology companies, alongside Alphabet, Amazon, Apple, and Meta. Microsoft was founded by Bill Gates and Paul Allen on April 4, 1975, to develop and sell BASIC interpreters for the Altair 8800. It rose to domina ...
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Jennifer Daskal
Jennifer C. Daskal (born 1972) is a Professor of Law and Faculty Director of the Tech, Law, Security Program at the Washington College of Law at American University. Her work focuses on terrorism, national security and criminal law. She previously served as senior counsel for Human Rights Watch, focusing on similar issues. She also worked in the Department of Justice during the Obama administration, which was seeking to prosecute terror suspects through the criminal justice system instead of through military tribunals. Career A graduate of Harvard Law School, Cambridge and Brown University and a Marshall Scholar,. Daskal garnered attention after traveling to the countries to which Guantanamo detainees have been released, to verify that those countries are abiding by the undertakings they made to the US Government to respect the returned detainees' human rights. Currently, Daskal is a Professor of Law at American University. In April of 2022, Daskal was announced as a member ...
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Peter Swire
Peter P. Swire (born May 15, 1958) is the Elizabeth and Tommy Holder Chair and Professor of Law and Ethics in the Scheller College of Business at the Georgia Institute of Technology. He is an internationally recognized expert in privacy law. Swire is also a senior fellow at the Future of Privacy Forum and a member of the National Academies of Science and Engineering Forum on Cyber Resilience. During the Clinton Administration, he became the first person to hold the position of Chief Counselor for Privacy in the Office of Management and Budget. In this role, he coordinated administration policy on privacy and data protection, including interfacing with privacy officials in foreign countries. He may be best known for shaping the Health Insurance Portability and Accountability Act Privacy Rule while serving as the Chief Counselor for Privacy. In November, 2012 he was named as co-chair of the Tracking Protection Working Group of the World Wide Web Consortium (W3C), to attempt to mediat ...
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