Mar 18 2010
As I had explained here, I consider there is a meaning construction, from magnetic fields in the surface of a disk to high level facts we can map to real world, when we talk about computer evidence. This contruction occurs in steps and every step involves a semiosis, up to high level facts.
It is in this last level in which a judge can render them into the final award applying all the arguments presented by the parties and regulations that rule the process.
There’s a state of opinion that defends that computer evidence that has been blessed by digital signature can slip into the process without the intervention of an expert witness: it can be treated as a document.
Don’t get me wrong, I am not saying that computer documents do not deserve this. But I am not talking about word processor or PDF files here, documents that have a meaning by themselves into the procedure. We are talking about something like a log file. And in general, I consider a log file a computer evidence, not a document.
In my oppinion this may lead to the following problem:
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