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Digital
Law Suits – Evidences
 The
admission of computer evidence in a court of law is governed by the
prevalent laws of the land relating to evidence and its admissibility
in a court of law. The computer related offenses are usually
taken care of by Cyber laws which usually have specific provision in
respect of evidence in computer related infringements and crimes.
Traces of cyber crime are very easily destroyed and similarly they can
be traced also with expertise. The admission of cyber crime
evidence in court of law. Active text or images which have not been
deleted from a computer can be admitted as evidence without using any
kind of forensic computer software. The US Federal rules of Evidence
provide that authentication of any form of computer related evidence
needs satisfaction by evidence in support of the matter of the
complaint which has been claimed. Similarly the Canadian Evidence Act
provides that computer evidence should be properly authenticated by
supporting a finding which is capable of being substantiated by other
evidences. For example any email printout needs to be authenticated
either by the sender or by the recipient for being admissible as
evidence.
The US courts have clarified their stand on admissibility of computer
evidence in the classic case of United States vs. Tank which lays down
the principles of authentication of computer generated evidences. In
another case State of Ohio Vs. Cook, the Ohio Appellate courts
established the validity of Ohio Rule of Evidence 901a which is similar
to the corresponding Federal Rule. It upheld the admissibility of
Encase Software as evidence in the case.
The laws of evidence have evolved or the period of time and have been
subjected to challenges in many digital law suits. Newer technologies
which have emerged in computer age, have forced the law makers to adapt
the traditional laws and rules to the modern technological uplift.
Forensic computer investigations have evolved and the findings by such
forensic investigations have found their acceptance in the court of law
as forensic evidence. Computers use very complex process of
working with a variety of software running on a variety of hardware in
a heterogeneous computing environment. Specialists are required
for examining such evidences as it beyond the capacity of any common
man to understand the intricacies involved in a computer system. These
complex computer operations could be very challenging for people for
persons who are not technologically sound enough to understand the
working of the computer systems. Hence the name Computer Forensic
Investigators for the persons who establishes the authenticity of any
computer evidence in a court of law.
These investigators need specialized training and qualifications so as
to extract evidence from computer presented before them. The evidence
which is extracted by these experts can be presented in a court of a
law and are admissible as evidence similar to the work of other
traditional forensic experts investigating any other crime. Only the
method of investigation changes and the method of presentation have
changed. The courts have accepted finding of these forensic computer
investigators as valid and admissible evidence in many cases.
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