RE: [logs] Due Diligence for Admission in Court

From: Patrick Harbauer (patrick.harbauerat_private)
Date: Wed Dec 05 2001 - 06:39:50 PST

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    -----Original Message-----
    From: Rick Magill [mailto:RSMAGILLat_private]
    Sent: Tuesday, December 04, 2001 5:50 PM
    To: loganalysis
    Subject: Re: [logs] Due Diligence for Admission in Court
    
    
              
              
              
              
              I don't have a clue what the US laws may be with respect to the
    use 
              of logs in court trials. But I do have a brother in law who is a 
              Judge here in Canada. Last year we were having a beer and I
    brought 
              up this topic as well as the more general use of 'electronic' 
              evidence in trials and how could any court put any significant 
              weight on it given how easy it is to forge or tamper with, etc. 
              
              His reply, after finishing a good chuckle, is that they don't put 
              all that much weight on it. What they do put weight on is the 
              character of the individual who is presenting the evidence and 
              their assurance that the record was accurate. After some
    reflection 
              his point was obvious - records were even more easily tampered
    with 
              in days gone before systems existed. All that systems have made 
              easier is generating volumes of it.
              
              In terms of situations where data streams or logs are tampered
    with 
              perhaps the question is better put to IT people - how can you/we 
              testify to the accuracy of something when we know it can be 
              tampered with and have we taken all steps possible to prevent the 
              tampering.
              
              Regards
              
              Rick
              
    
    
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