An Amazon Echo device is the subject of a prosecutor’s search warrant related to an Arkansas murder case. Nicole Black illuminates how such devices are complicating issues related to consumer privacy and vendor responses to search warrants. The ubiquity of Internet of Things (IoT) devices in homes will no doubt result in more warrants for the data they collect.
Alan Rothman’s article is based on a TechCrunch.com posting, The Next Stop on the Road to Revolution is Ambient Intelligence. Rothman offers an insightful analysis on how the rapidly expanding universe of digital intelligent systems wired into our daily routines is becoming more ubiquitous, unavoidable and ambient each day.
Criminal law expert Ken Strutin’s new article is yet another research tour de force – a collection of recent and notable developments concerning DNA as forensic science, metric of guilt, herald of innocence, and its emerging place in the debate over privacy and surveillance. The increasing use of DNA evidence to support assumptions of an individual’s guilt and less frequently as a tool to prove the innocence of prisoners wrongly convicted, reflects many facets of the changing fabric of the American criminal justice, the role of the Fourth Amendment and the increasing collection of a wide range of biological evidence from crime scenes whose metadata then is searchable within the national DNA database.
Attorney Nicole Black brings context to the impact of the proliferation of social media accounts among the majority of adults in the United States. The information from these accounts has become a prime source for lawyers to mine for evidence to support their clients’ cases.
Conrad J. Jacoby identifies the trend that increasingly electronically stored information (“ESI”) requested in litigation discovery originates in databases or other structured data repositories. Previously, this data was stored in discrete e-mail messages, spreadsheets, and word processing files that have long made up the bulk of most ESI document productions. Businesses creating and managing their accumulated information have discovered that they are able to extract far more utility if they store their data in a single repository and in a standardized format.
Conrad J. Jacoby’s holiday wish is for the legal community to finally develop one or more judicially accepted standards that can be used to craft consistent ways of requesting and producing information. With baseline procedures in place, both producing and requesting parties, as well as judges, will be able to make more informed decisions about the need for discovery and the way in which such discovery should be conducted.
Conrad J. Jacoby addresses how critical technology issues related to document authenticity and document-associated metadata have left fewer lawyers willing to accept e-mail messages and other electronic documents in print format. He argues that litigants choosing to produce electronically stored information in hardcopy format should be prepared to provide more complete electronic copies of their production, even when it isn’t initially requested by opposing counsel.
According to Conrad J. Jacoby e-mail conversion is done without a second thought in many e-discovery projects, and the results are often satisfactory to both producing and requesting parties. However, each major e-mail archive architecture uses a fundamentally different method for storing information about e-mail messages, and sometimes some collateral damage will occur.
Refining the Standard: Authenticating Computer-Based Evidence
M. Sean Fosmire is a shareholder in the Michigan law firm of Garan Lucow Miller, P.C., based in the firm’s Marquette office.
Features – Dennis Kennedy’s Legal Technology Predictions for 2006: Small Steps for Most Firms, Giant Leaps for a Few Firms
Dennis Kennedy’s Legal Technology Predictions for 2006: Small Steps for Most Firms, Giant Leaps for a Few Firms
By Dennis Kennedy
Dennis Kennedy is a well-known legal technology expert, technology lawyer and blogger. His blog and his web page are highly-regarded resources on technology law and legal technology topics. He is member of the ABA Law Practice Management Section’s Council and Webzine Board.