[Politech] Orin Kerr on digital evidence and computer crimes [priv]

From: Declan McCullagh (declan@private)
Date: Tue Sep 28 2004 - 21:00:09 PDT


-------- Original Message --------
Subject: Digital Evidence and the New Criminal Procedure
Date: Tue, 28 Sep 2004 18:59:07 -0400
From: Orin Kerr <okerr@private>
Reply-To: <okerr@private>
To: <declan@private>


Declan,

A draft of a forthcoming essay of mine has just been posted, and I 
thought you and the Politech audience might be interested in taking a 
look.  The essay is called "Digital Evidence and the New Criminal 
Procedure," and will be published in the January '05 issue of the 
Columbia Law Review.  You can download the draft from this URL:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=594101

The essay studies the differences between traditional criminal 
investigations and investigations into computer-related crimes.  It 
concludes that computer-related crimes will trigger new rules of 
criminal procedure in response to those differences.  It's a fun and 
relatively short piece  at least by the standards of law reviews -- and 
should be of interest to anyone interested in how changing technology 
creates the need for changes in legal rules.

I'm particularly interested in receiving comments on the paper from 
those with a better technical background than myself (which doesn't take 
much) about any errors or oversights on the tech side.

Best,
Orin

Orin S. Kerr
Associate Professor
George Washington University Law School
Washington, DC

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