Perspective
Apr. 29, 2010
Legally Sound but Technologically Wrong
While judges can reach correct decisions on the value of digital evidence, they are at the mercy of "experts" when it comes to issues of spoliation, write Daniel Garrie and Bill Spernow.
Today's judges face numerous challenges in determining the truth of the matter at hand, but none is more challenging than ruling on issues that pivot on digital evidence. Gone are the days when the most technically challenging decision was determining if a floppy disk of evidence had been destroyed because a litigant exposed it to a strong magnetic field. Today's legal challenges are extremely technical when it...
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