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Digital Evidence and Electronic Signature Law Review
from January 2004
Last Number: October 2008
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- Nbr. 5, October 2008
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Comments On The Italian 'Code For The Digital Administration'
Franco Ruggieri provides an in-depth discussion of the new Code for the digital administration, recently adopted in Italy.
Carlos Alberto Rohrmann and Jason Soares Albergaria Neto set out the position relating to the admission and treatment of digital evidence in Brazil.
E-Disclosure Viewed as 'Sensemaking' With Computers: The Challenge Of 'Frames'
Simon Attfield and Ann Blandford set out their recent research in respect of how lawyers search vast amounts of information during a disclosure exercise before trial.
Dr Minyan Wang sets out electronic evidence in relation to civil proceedings in China, and how electronic evidence is recognized in theory and in practice.
Dr Dominik Gassen outlines the steps taken, problems dealt with, and outlines the advantages in making the German commercial register on-line.
Irish Supreme Court Extends the Scope of Electronic Discovery: Dome Telecom v Eircom
TJ McIntyre outlines the importance of the first decision to reach the Irish Supreme Court in respect of the scope of electronic discovery.
Suppression and the Internet: The 'Cyber Memory' Case - A New Zealand Response
Ursula Cheer comments on a non-binding decision in which Judge Harvey made a partial non-publication order permitting contemporaneous reporting in newspapers and on television and radio, put prohibiting accounts on the internet.
The Enotarization Initiative, Pennsylvania, Usa
Joan Decker outlines the pioneering work undertaken by her department in using technology for the purposes of the notary.
The Proposed International E-Identity Assurance Standard For Electronic Notarization
Timothy S. Reiniger.
The Singapore Electronic Transactions Act and the Hong Kong Electronic Transactions Ordinance
Daniel Seng considers a preliminary review of the working of the Singapore Electronic Transactions Act and the Hong Kong Electronic Transactions Ordinance.
The Use of Electronic Digital Signatures in Banking Relationships in the Russian Federation
Olga I. Kudryavtseva provides an outline of banking relationships in the Russian Federation, and considered two cases relating to the misuse of electronic digital signatures.
Case Note
Belgium: AR no 2002/71 Ghent Labour Court of Appeal
Digital evidence. Employment contract. Variation of terms by e-mail. Validity.
Austria: OGH Urteil vom 29.6.2000, 2 Ob 133/99v
Electronic signature. Band card. ATM. Unauthorized withdrawals. Liability of bank.
Digital evidence. Erroneous assumptions. Music downloads. IP address.
The Netherlands: 21 November 2007, LJN BC0337
Digital evidence. Notice of default send by e-mail. Definition of ‘writing’. Validity of e-mail.
China: (2005) hai min chu zi NO.4670
Electronic signature. Digital evidence. Loan agreed by exchange of text messages on mobile telephone. Validity of text messages. Validity of name typed in text message as electronic signature.
France: 95-14251 Société Descamps, Banque Scalbert Dupont
Trade debt sent by facsimile transmission. Admissibility.
Digital evidence. Electronic signature. Internet auction. Burden of proof.
Digital evidence. Administrative appeal. Appeal sent by e-mail. Validity.
Lithuania: Z.S. v AB Lietuva taupomasis bankas, Civil Case No. 3K-3-390/2002
Electronic signature. PIN. Bank card. Liability of the bank. Burden of proof. The role of the PIN. Contractual limitation of liability.
Digital evidence. Income tax declaration. Digital stamp. Validity.
Digital evidence. Probate. Electronic will. Validity.
Electronic signature. Procedural rules of court. Appeal sent by facsimile. Validity of signature.
Digital signature. Transfer of funds using private key. Not authorized by customer. Liability of bank.
Discovery of digital documents. Content of hard disk. Meaning of 'document'. Failure to provide hard disk. Sanctions.
Papers
The status of digital evidence in civil proceedings. Classification of digital evidence. Adaptation of traditional rules of evidence to digital evidence. Distinction between authenticity and veracity. The weight and importance to attribute to digital evidence. Burden of proof, moral certainties and the balance of probabilities. Digital evidence and the traditional rules of civil evidence. Conclusion: the role of law schools and of law firms.
An Outline of the French Law on Digital Evidence
Introduction. A necessary adaptation. Equal probative value between media. Conclusion.
Avoiding disputes regarding electronic evidence: A U.S. Perspective
Background. Key provisions in the U.S. Federal Rules of Civil Procedure insofar as they relate to electronic discovery. Common pitfalls that lead to electronic discovery disputes in the United States - and how to avoid them. Failing initially to take proper steps to preserve electronic information. Failing to maximize the value of the preliminary status conference.
The sample case. Pursuit of remedies by reporting the incident to law enforcement. Benefits and detriments of utilizing criminal procedures. Pursuit of remedies through the civil courts. Obtaining information quickly. General powers available in the civil courts. Benefits of proceeding through civil proceedings. Analysis of the sample case.
Chinese Digital Evidence Law Overview and Suggestions for Multinational Enterprises
Challenges faced by multinational enterprises. Legislation and judicial interpretation on digital evidence in China. Case law in China. Suggestions for enterprises having a business presence in China.
Civil Search and Seizure of Digital Evidence: The Example of the Thai Central IP & IT Court
Introduction. Thai digital evidence legislative. Civil Procedural Code. Rules for Intellectual Property and International Trade Cases 1997. Electronic Transactions Act 2001 and 2008. Civil search and seizure in intellectual property cases. Civil search and seizure of digital evidence. Concluding comments.
Digital Evidence: An Indian Perspective
Law relating to digital evidence in India. Changes in the Evidence Act. Evidence. Admissions. Evidence to be given when the statement forms part of electronic record. Admissibility of digital evidence. Conditions for the admissibility of digital evidence. Presumptions regarding digital evidence. Gazettes in electronic form. Electronic agreements. Secure electronic records and digital signatures. Electronic messages. Electronic records five years old. Changes in the Banker's Book Evidence Act...
Introduction. Digital forensics evidence: the legal framework. Opinion of experts in Malaysia. Cybersecurity Malaysia: its role in digital forensics. Expert witness: the completion of the perfect cycle. CyberSecurity Malaysia: the focal point in digital forensics. The future.
Diving Into Magnetic Stripe Card Skimming Devices
Background. The magnetic stripe card. Magnetic stripe card readers. Reading the data. The F/2F decoder chip. Other magnetic stripe card reader features. Magnetic stripe card reader products. Online, semi-online and offline.
eDiscovery implications, duties and consequences
Why understanding ESI is important. The Sedona Principles. The importance of Zubulake. Conclusion.
Electronic Evidence in Civil Procedure in Japan
Evidential principles in Civil Procedure. Statutes on electronic evidence. Production of electronic evidence. Using the summary of electronically stored information. Recent cases on ESI.
Models of Investigation and Processing of Digital Evidence
Introduction. Human behavior in cyberspace. The possibility of new crimes. Models and guidelines for first responders. Identifying the user identification. Digital evidence archiving.
Search and Seizure of Digital Evidence in Criminal Proceedings
Introduction. Authentication. Record keeping. Search and seizure. The third party. Safeguards. Reforms. Conclusion.
Search and Seizure of Digital Evidence: Thresholds and Minefields
Discovery and document production is a common part of litigation world wide. By some estimates, more than ninety percent of all information is now created in electronic format.
Introduction. Legislation and implementation. Digital evidence in civil cases. Problems with experts. Digital evidence in criminal proceedings. Some conclusions.
An outline of the EU Directive and UK law. How U.S. courts apply U.S. Federal Rules of Procedure. Summary of factors relied upon by United States courts in compelling disclosure. A closer look at the factors as applied by the court in Strauss v. Credit Lyonnais, S.A. The lessons of Strauss v. Credit Lyonnais, S.A.
The December 2006 amendments to the Federal Rules of Civil Procedure have highlighted the importance of digital evidence in U.S. civil litigation.