Can computers survive cross-examination?

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The problem is..

The problem with using a computer for evidence is that right now a computer cannot "prove" who wrote the document, who downloaded the document, who told it to hack the power grid and shut it down, it can only prove what was done, and even that can be compromised. Identifying the actual user becomes impossible, because there is a very high-level of reasonable-doubt that someone else could very easily have done it.

File date & time stamps are irrelevant because they can be changed by anybody, and the clock is not guaranteed to be correct.

On top of all that, a juror must keep in mind that not even the law enforcement officials are morally above altering the evidence. When it comes to a computer, planting evidence becomes child's play, copy a couple kiddy-porn pics here, implant a couple phony IM conversations there, who's to know? Who's to believe the supposedly-guilty over the cop?

With computers the evidence is too flimsy to stand on its own, too easy to be falsified, and no way to prove substantially that the digital data was even on the computer to begin with. You have to trust the person who tells you it was there, because there is no way you can "see" it for yourself.

Posted by: ZzSmirKzZ   Posted on: 03/25/05 You are currently: a Guest | Members login | Terms of Use

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