Law Commons^™

Machine-Generated Evidence, G. Alexander Nunn

Faculty Scholarship

Person-based evidence is no longer the monolith it once was. With technological advancement has come the rise of so-called "machine-generated evidence." Unlike traditional forms of evidence, the reliability of machine-generated evidence primarily depends not on any person’s actions—neither the quality of their perceptions nor their ability to carry out tasks—but instead on the standardized processes and mechanisms internal to the machine that produced it. As technological advancement continues apace, and new, innovative forms of machine-generated evidence reach the courtroom, judges and lawyers will be required to respond in two important ways.

First must come awareness of the unique nature of …