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Viruses, Adware and Spyware Attack Legal Framework

By Mary Mack
October 27, 2004

Back in the good old days, electronic evidence for civil cases could be gathered from a custodian's computer, processed to TIFF, Bates numbered and introduced into evidence. Concerns over chain of custody and authenticity were talked about, but rarely argued in the courtroom.

For example, if a document was found on a computer that belonged to me, there was a practice of everyone accepting that it was a document under my control. While I might not have created it, I put it on my computer or allowed it to be put on my computer. Also, the document would be assumed to be what it purported to be, modified at the “last modified” date and time. At most, questions would be asked at deposition time about whom else had access to the computer with administrative privileges or whether I made it a practice of sharing my password.

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