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Full-Text Articles in Law
Kekuatan Pembuktian Alat Bukti Elektronik Dalam Hukum Acara Perdata, Disriani Latifah Soroinda, Anandri Annisa Rininta Soroinda Nasution
Kekuatan Pembuktian Alat Bukti Elektronik Dalam Hukum Acara Perdata, Disriani Latifah Soroinda, Anandri Annisa Rininta Soroinda Nasution
Jurnal Hukum & Pembangunan
The development of digital technology and information technology is happening very rapidly, computer systems are getting more sophisticated and internet access is getting easier making technology a part of people's daily lives, the existence of documents and or electronic information has now become a common thing. How does the Indonesian Civil Procedure Law regulates documents and or electronic information as an evidence and how does the law regulates the recognition, the validity and the strength of that evidence in the trials in order to create legal certainty for the people seeking justice.
Cross-Border Evidence Gathering In Transnational Crime Cases: Is The Microsoft Ireland Case The ‘Next Frontier'?, Robert Currie
Cross-Border Evidence Gathering In Transnational Crime Cases: Is The Microsoft Ireland Case The ‘Next Frontier'?, Robert Currie
Articles, Book Chapters, & Popular Press
A recent and prominent American appeals court case has revived a controversial international law question: can a state compel an individual on its territory to obtain and produce material which the individual owns or controls, but which is stored on the territory of a foreign state? The case involved, United States v. Microsoft, features electronic data stored offshore which was sought in the context of a criminal prosecution. It highlights the current legal complexity surrounding the cross-border gathering of electronic evidence, which has produced friction and divergent state practice. The author here contends that the problems involved are best understood—and …
Our Records Panopticon And The American Bar Association Standards For Criminal Justice, Stephen E. Henderson
Our Records Panopticon And The American Bar Association Standards For Criminal Justice, Stephen E. Henderson
Oklahoma Law Review
“Secrets are lies. Sharing is caring. Privacy is theft.” So concludes the main character in Dave Egger’s novel, The Circle, in which a single company that unites Google, Facebook, and Twitter—and on steroids—has the ambition not only to know, but also to share, all of the world’s information. It is telling that a current dystopian novel features not the government in the first instance, but instead a private third party that, through no act of overt coercion, knows so much about us. This is indeed the greatest risk to privacy in our day, both the unprecedented, massive collection and retention …
Digital Forensic Evidence: Legislative And Judicial Policies Developed In Uk, Usa And India, Nalini Ambad, Sukdeo Ingale
Digital Forensic Evidence: Legislative And Judicial Policies Developed In Uk, Usa And India, Nalini Ambad, Sukdeo Ingale
Sukdeo Ingale
This paper speaks about the legislative and judicial policies developed in UK, USA and India about Digital Forensic Evidence in prosecuting criminals under Court of Law. As Digital Forensic Evidence is not subject to any omission and commission, and there is no possibility of turning hostile, it should be given utmost importance in prosecuting criminals. But as in comparison to other forensic sciences, the field of computer forensics/digital forensics is relatively very young, many people do not understand what the term computer forensics/ digital forensics means and what techniques are involved in it. In particular, there is a lack of …
Electronic Evidence In Canada, Robert Currie, Steve Coughlan
Electronic Evidence In Canada, Robert Currie, Steve Coughlan
Articles, Book Chapters, & Popular Press
This chapter discusses the issues surrounding electronic evidence in Canada. Topics discussed include the best evidence rule, electronic signatures, web-based evidence, and video-tape and security camera evidence. In addition rules around protection of privacy, discovery, and confidentiality are pursued. Finally the chapter also considers the many issues which arise around gathering electronic evidence in the criminal context, including wiretaps, general warrants, and searches of computers and cell phones.