Re: Audit Logs as submissible evidence.

From: Jim Wiedman (jimat_private)
Date: Wed Jun 19 2002 - 13:22:27 PDT

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    Just a small legal point:  system logs can never be hearsay.  Only
    humans can create a statement that is hearsay; computers cannot. 
    However, judges are always free to discard unreliable evidence
    because it is not relevant.
    
    Jonathan A. Zdziarski wrote:
    
     >It all comes down to the credibility/reliability of the data and the
     >authentication of that data.  Evidence such as tape recordings and
     >server logs must be authenticated to be admitted into court, and the
     >authentication always turns out to be your burden.  If the data is
     >credible enough, the judge may allow it but if there is doubt, it will
     >most likely be argued as hearsay (The logs told me this...the sysadmin
     >told me that...)
     >
    
    
    
    
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