Discussion Week 7 - CIS170

Digital Laws and Legislation

Identify one (1) evidentiary issue that could be presented regarding the admission of digital evidence at trial.

One evidentiary issue that could be presented regarding the admission of digital evidence at trial is computer generated records and computer-stored records.

Computer stored records are records that have been created by a person that is inclusive of these types: Word processing files, E-mail messages and chat room messages.

Computer generated records include log-in records from ISPs (Internet Service Providers), telephone records and ATM receipts.

The differences between the two in evaluating evidentiary evidence is that for computer-stored records the issue involves a question of whether a person’s out of court statement was the truth or was accurate. But for computer generated records the process of evaluating and analysis of these issues involve the correct functioning of the computer program that generated the records.

Next, suggest one (1) way in which the court could take to resolve the issue that you have identified.

One way in which the court could take to uphold the validity of record for accuracy and correctness is to have a trace done to confirm and affirm accuracy and location of docking port sent format as well as ISP with log-in establishment. Therefore the possible act of hearsay is eradicated and further the authencity of record is proven. Each record that is established is coded and can be authenticated by a computer investigator as supportive of claims. To prove authencity and support all records have been originated by author or computer verification of computer log would have to be an admissible facet in defense. Provided also would be a user-friendly explanation of how details correlate for interpretation.

Include one (1) example of such issue and your suggestion action to support your response.

Protection of records from copyright infringement

Because the rate of theft of computerized records has been increasing steadily the active protective purpose is to be able to prove without doubt the ownership of record. To ensure the validity and author or owner a breakdown of the completed record allows a compiling of factual dates of origin and location of birth, changes and finalization. Further the file locator name is almost like a DNA spiral chain that locates with accuracy of position.

Per the text, there is probable cause to search a computer or electronic media when one believes that the computer or related media either contains or is contraband evidence of a crime, fruits of crime, or instrumentality of a crime.

Identify at least two (2) types of warrantless searches that investigators can conduct while collecting digital evidence, and explain the main reasons why you believe the types of searches in question are warrantless. Justify your response.

Two types of warrantless searches that investigators can conduct while collecting digital evidence are Plain View of child pornography and Consent Search. Because the possession of child pornography is an evidential crime and is considered a chargeable felonious act it is a correct move to seize all pornography to help establish the right to secure a warrant.

The second type of warrantless search is the Consent Search which allows law enforcement to search his or her property. As per the search procedure the range and scope of this act is allowable based upon non-coercion, cognitive ability and with option to halt the search at anytime.

Both Plain View and Consent Search are warrantless searches because they both can be done without a warrant. Plainview is a prevalent and visual confirmation of acknowledge offense against the law and based upon this act there is no governmental intrusion unless there is substantial content that requires a warrant for further examination.

The Consent Search is warrantless because there is full cooperation with knowledge of the scrutiny and analyzation to be done and is an act of free will revocable at any moment.

Reply to co-student #1

Not having a search warrant has no bearing on it being an evidentiary issue the problem is that it is conclusive to facilitate a correct analysis without violating rights. Digital evidence can always be admitted but without supportive analysis it is nothing. Further the court does not have to prove anything...the defense or prosecutor has the right to challenge any evidence for support either in favor of or against.

To search a computer and associate it with a crime a warrant is necessary or it is a waste of time and a non-facilitator to solve crime.

Stop and Frisk and Plainview...Both of these as you state are warrantless searches but the Stop and Frisk can sometimes be challenged if the subjects that are being frisked are non-caucasian only.

Thank you.

Felicia

Reply to co-student #2

I agree with your points overall but due to the ability of records being able to be falsified the Federal Rules of Evidence that you listed would not be sufficient and would be considered inadmissible hearsay. A record can be generated and compiled with whatever information is requested but in order to be a correct facilitator and authenticated record these records would have to be examined by a computer expert subpoened by the court for test and confirmation of truthness.

Thank you.

Felicia