Law Commons^™

The Evidentiary Implications Of Interpreting Black-Box Algorithms, Varun Bhatnagar

Northwestern Journal of Technology and Intellectual Property

Biased black-box algorithms have drawn increasing levels of scrutiny from the public. This is especially true for those black-box algorithms with the potential to negatively affect protected or vulnerable populations.1 One type of these black-box algorithms, a neural network, is both opaque and capable of high accuracy. However, neural networks do not provide insights into the relative importance, underlying relationships, structures of the predictors or covariates with the modelled outcomes.2 There are methods to combat a neural network’s lack of transparency: globally or locally interpretable post-hoc explanatory models.3 However, the threat of such measures usually does not bar an actor …

You Can't Trust Everything On The Internet: A Look Into Texas' And Maryland's Approach Of Social Media Authentication, Danielle Orr

Catholic University Journal of Law and Technology

If unauthenticated evidence is admitted into the court's record, and makes a defendant’s charge more probable, that defendant’s Fifth and Fourteenth Amendment rights to life and liberty have been violated. Social media evidence, due to the ease of hacking and catfishing, can be unreliable, thus Maryland and Texas have led the way, with two respective approaches, on how to handle such evidence. Maryland, with its proscribed three authentication methods, has a less trusting view of social media, and realizes the dangers wrongfully entered evidence may have on a defendant’s due process. Alternatively, Texas has not heighten scrutiny on social media …

Hearsay In The Smiley Face: Analyzing The Use Of Emojis As Evidence, Erin Janssen

St. Mary's Law Journal

Abstract forthcoming

Mobile Instant Messaging Evidence In Criminal Trials, Youngjin Choi

Catholic University Journal of Law and Technology

Mobile instant messaging, such as text messages, are a pervasive aspect of everyday life. The characteristics of the modern mobile instant messaging application, especially in comparison with other forms of more traditional electronic communication platforms, such as e-mail, text messaging, or computer-based instant messaging program, present a variety of evidentiary issues in trial.

To be relevant, mobile instant messaging evidence must be connected to a genuine issue at trial and not too attenuated from it. Authentication is also very important in determining whether it may be considered a non-hearsay statement. Although often otherwise admissible, mobile instant messaging evidence may still …

Rape Shield Laws And The Social Media Revolution: Discoverability Of Social Media--It's Not Private, Seth I. Koslow

Touro Law Review

No abstract provided.

The Discovery And Use Of Computerized Information: An Examination Of Current Approaches, Richard M. Long

Pepperdine Law Review

In recent years, the legal profession has run head on into the increasing use of computers and computerized information. Discovery and evidentiary rules developed to deal with written documentation may not be flexible enough to adequately cover this relatively new method of storing information. This comment examines various methods by which courts have attempted to deal with discovery and evidentiary problems involving computerized information, and suggests certain areas that should be explored in supporting or attacking the credibility of such information.

The Risks Of Taking Facebook At Face Value: Why The Psychology Of Social Networking Should Influence The Evidentiary Relevance Of Facebook Photographs, Kathryn R. Brown

Vanderbilt Journal of Entertainment & Technology Law

Social networking sites in general, and Facebook in particular, have changed the way individuals communicate and express themselves. Facebook users share a multitude of personal information through the website, especially photographs. Additionally, Facebook enables individuals to tailor their online profiles to project a desired persona. However, as social scientists have demonstrated, the image users portray can mislead outside observers. Given the wealth of information available on Facebook, it is no surprise that attorneys often peruse the website for evidence to dispute opponents' claims.

This Note examines the admission and relevance of Facebook photographs offered to prove a litigant's state of …

The Admissibility Of Electronic Business Records, Ken Chasse

Canadian Journal of Law and Technology

The business record provisions of the Evidence Acts determine a record’s admissibility by evidence of its history, which must be the product of “the usual and ordinary course of business” (or comparable “business activity” wording). The electronic record provisions determine a record’s admissibility by the, “integrity of the electronic records system in which it is recorded or stored.” The difference is, records management (RM) based on “paper records concepts” versus “electronic records systems concepts.” The former is subjective — each business determines its own “usual and ordinary course of business”; the latter, objective — in accor- dance with authoritative standards …