Computer Forensics Docket Sheet

In a case involving allegations of attempting to use a minor in a sexual performance, the trial court admitted evidence of the defendant's Internet use and of the existence of an encryption program on his computer. Specifically, the trial court admitted parts of a computer forensic report that revealed the defendant used search terms such as “Lolita” relating to sex with minors. The computer forensics expert who authored the report testified that the computer also contained the text of a statute relating to sex with minors and an encryption program. The expert stated that the encryption program could “basically encrypt any file” and that “other than the National Security Agency,” he was not aware of anyone who could break such an encryption. On appeal, the defendant argued that his case was prejudiced because the court specifically used evidence of his Internet use and the encryption program in finding him guilty. The defendant also contended that these factors were unrelated to the charges in the case. The appellate court rejected the defendant's argument and found that the evidence was appropriately admitted, noting that: “the district court did exclude other and more inflammatory search terms and phrases because it found them more prejudicial than probative. … Evidence of appellant's computer usage and the presence of an encryption program on his computer was relevant to the state's case.”

e-Discovery Docket Sheet and Computer Forensics Docket Sheet were written by Michele C.S. Lange, a member of this newsletter's Board of Editors, and a staff attorney with Kroll Ontrack, with assistance from Charity Delich, a Kroll Ontrack law clerk. Lange has published numerous articles and speaks regularly on the topics of electronic discovery, computer forensics and technology's role in the law. Information in these summaries is taken from the Kroll Ontrack monthly E-Discovery Case Law Update and Computer Forensics newsletters, which may be accessed at http://www.krollontrack.com/. Lange can be reached at [email protected].