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Admitting Computer Record Evidence After In Re Vinhnee: A Stricter Standard For Future?, Cooper Offenbecher
Admitting Computer Record Evidence After In Re Vinhnee: A Stricter Standard For Future?, Cooper Offenbecher
Washington Journal of Law, Technology & Arts
In re Vinhnee, a Ninth Circuit Bankruptcy Appellate Panel decision, employed Edward Imwinkelried’s eleven-step foundation process for authenticating computer records. In employing the eleven-step process, the Vinhnee court articulated a stricter standard than has previously been used by most courts for admitting computer records into evidence. This Article will first consider the various foundation standards that courts have applied to computer records. Next, the Article will analyze the Vinhnee standard, consider its elements, and compare it to the previous standards and commentary. Finally, the Article will conclude that the Vinhnee approach reflects common concerns by courts and commentators, and …
Suing Based On Spyware? Admissibility Of Evidence Obtained From Spyware In Violation Of Federal And State Wiretap Laws: O'Brien V. O'Brien As A Paradigmatic Case, Shan Sivalingam
Washington Journal of Law, Technology & Arts
Early in 2005, a Florida intermediate appellate court ruled that a trial court adjudicating a divorce proceeding had properly excluded evidence that the wife obtained by installing a spyware program on the husband’s computer. The court held that the evidence was an intercepted electronic communication that violated a Florida statute modeled after the Federal Wiretap Act. The Florida court ruled that exclusion fell properly within the discretion of the trial court, despite the fact that the relevant Florida statute did not contain an exclusionary rule for intercepted electronic communications. This Article provides a short overview of the federal and state …