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LTNY 2008: LegalTech Seminar -- "Authenticating Digital Evidence"

After a brief departure, we're right back on the EDD bandwagon. LTN's newest editor, Katie Montgomery, reports from this morning's seminar, “Authenticating Digital Evidence,” presented by Neil Aresty and Jason Velasco, both of Merrill Legal Solutions; Michael Arkfeld, of Arkfeld and Associates; Paul W. Grimm, Chief Magistrate Judge of the U.S. District Court in Maryland; George Paul, a partner at Lewis & Roca in Phoenix and chair of the firm's E-Discovery and Data Management Group; and Leslie Wharton of Arnold & Porter

Because digital data (and its metadata) can be tampered with, providing reasonable proof that a document can be authenticated rests on more traditional witnesses and circumstances as well as with the IT experts (Paul Grimm has written a book on it). Leslie Wharton noted that "the threshold for establishing authenticity is very low"--a witness noting that they recall sending or receiving an email is often sufficient.  Still, you don't want to get caught out when it's crucial that you be able to make your case, so don't discount metadata as an important way to support the veracity of a file. 

Of course, you've still got to make sure no one has messed with your metadata.

             
                      

Posted by John Bringardner on February 6, 2008 at 04:14 PM | Permalink | Comments (1)

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