Thursday, September 17, 2009

9th Reading Assignment : Rules of court on electronic evidence

Troy, Christopher L. "Electrifying" : Changes to the Federal Discovery Rules .[electronic version].The Brief 36 (3), 2007.
Abstract of the artticle :
Issues concerning the preservation of electronic evidence continue to arise with increasing frequency. Until recently, courts have offered little guidance on this issue. The new rules should serve as a wake up call to attorneys and their clients, both of whom must now become familiar with the data storage systems and policies or risk violating the new rules. Sanctions may be imposed in the form of fines or depend upon jury instructions. Now many attorneys and judges posses a better understanding of computer and electronic documents. They are not so easily persuaded that deleted or corrupted data is unrecoverable.
Lessons learned:
1. Electronic records and information differ from hard copy records in several aspects. First, it is easier and more convenient to retain and retrieve informatio electronically than in hard copy.
2. Information stored electronically can be changed over time and may be falsify when separated from the system and or software through which it was created.
3. Electronically stored data is fast becoming relevant than paper evidence. The amended rules give the courts the flexibility to learn what is not accessible and what is not accesible.
Reflections /Impact from work:
The new trends in technology has fast spreading to everyone. Electronic devices is easily accessible to all this includes mobile phones, fax machines, internet through emails. As a librarian let us be a responsible user of electronic devices let's not abuse the use of it. Don't dwell in sending sexist jokes, pornographic pictures and offensive letters. Be careful in sending emails to others because this could be used against you in the future.

No comments:

Post a Comment