Suchergebnisse

In this updated edition of the well-established practitioner text, Stephen Mason and Daniel Seng have brought together a team of experts in the field to provide an exhaustive treatment of electronic evidence and electronic signatures. This fifth edition continues to follow the tradition in English evidence text books by basing the text on the law of England and Wales, with appropriate citations of relevant case law and legislation from other jurisdictions. Stephen Mason (of the Middle Temple, Barrister) is a leading authority on electronic evidence and electronic signatures, having advised global corporations and governments on these topics. He is also the editor of International Electronic Evidence, and he founded the innovative international open access journal Digital Evidence and Electronic Signatures Law Review in 2004. Daniel Seng (Associate Professor, National University of Singapore) is the Director of the Centre for Technology, Robotics, AI and the Law (TRAIL). He teaches and researches information technology law and evidence law. Daniel was previously a partner and head of the technology practice at Messrs Rajah & Tann. He is also an active consultant to the World Intellectual Property Organization, where he has researched, delivered papers and published monographs on copyright exceptions for academic institutions, music copyright in the Asia Pacific and the liability of Internet intermediaries.

The study established the role of electronic evidence in the system of administrative procedures in Ukraine and in the member states of the Council of Europe. Direct observation, comparison and analysis of the content of the documents were used. The key results of the study were the peculiarities identified from the use of electronic evidence in administrative procedures among the 47 member states of the Council of Europe; established sources of creation, origin of electronic evidence to be used in administrative procedures; the resolute attitude of the European Court of Human Rights and the Committee of Ministers of the Council of Europe towards electronic evidence in administrative proceedings. Unlike paper documents, electronic documents require special attention to their review, search and involvement in the case. It is concluded that the study of electronic evidence should be approached from the point of view of the knowledge and skills of specialists, experts and interpreters who have the appropriate license and experience. The prospects for further investigations are establishing the importance of law enforcement agencies in the field of cybersecurity in ensuring the integrity of electronic evidence used in administrative proceedings.

The research question central to the thesis is stated as follows: what are the implications of new technological phenomena in South African law to the existing legal frameworks in relation to (i) investigatory powers of law enforcement and security and intelligence agencies to obtain electronic evidence, and (ii) its subsequent admissibility in criminal proceedings? Written with an emphasis on South African law, but also taking into account aspects of foreign and international law, the thesis seeks to investigate how our existing legal frameworks which regulate the use of and access to electronic evidence in criminal proceedings, including its admissibility, integrate and adapt to challenges raised by new and rapidly changing technological developments. The thesis provides a critical analysis of the existing legal framework regulating certain key investigative powers of law enforcement and security and intelligence agencies in the current modern environment of the information age in which they operate. Key among them is the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002. New technology has not only increased opportunities for criminal activity, it has also created opportunities for law enforcement and security and intelligence agencies to have access to more sophisticated and new capabilities. The range of intrusive capabilities now available to law enforcement and security and intelligence agencies triggers a range of issues and challenges for individual rights, including how those capabilities are used in investigation activities, the scale of their use, the extent to which such capabilities intrude on privacy rights, legislative authority for their use and safeguards that constrain and regulate such new technological capabilities. The challenges of regulating investigative powers in an era of new and fastpaced technological developments is explored in relation to (i) interception of communications (ii) acquisition and retention of communications data, and (iii) access to encrypted information. The introduction of electronic evidence in criminal legal proceedings raises unique challenges in the South African law on evidence. The most interesting perhaps is the extent to which the nature of the evidence presented, in this instance electronic evidence, impacts on admissibility in criminal proceedings. Potential anomalies arise as the relevant legislation, the Electronic Communications and Transactions Act 25 of 2002, is based on an electronic commerce model law concerned with commercial activities. In this regard, two separate issues are the focus of research interest. The thesis offers a rethinking of (a) admissibility of electronic evidence and (b) its weight. The meaning and application of certain statutory provisions, insofar as it applies to electronic evidence as hearsay or real evidence, or both, are key and controversial issues. Another relates to the business records exceptions, which directly translated for electronic records appears to have created a problematic presumption. On matters of evidential weight, there is no 'one-size-fits-all' approach that will work. While a robust consideration of authentication is required in the court's assessment of evidential weight of electronic evidence, it should not be subject to inflexible tests that make it difficult for authentic electronic evidence to be admitted into evidence. A central premise of the thesis is that evolving technological phenomena can and do present challenges to existing legal concepts on evidence and the investigatory powers of law enforcement and the security and intelligence agencies to obtain electronic evidence and for its admissibility in criminal proceedings. This is done in the context of understanding whether South African law has developed appropriately in response to advancements in technology. In the final analysis, the thesis considers appropriate and meaningful reform towards a modern and transparent legal framework in South African law.

This well-established practitioner text provides an exhaustive treatment of electronic evidence. The revised outline for the fourth edition will continue to follow the tradition in English evidence text books by basing the text on the law of England and Wales, with appropriate citations of relevant case law and legislation from other jurisdictions.

This volume offers a general overview on the handling and regulating electronic evidence in Europe, presenting a standard for the exchange process. Chapters explore the nature of electronic evidence and readers will learn of the challenges involved in upholding the necessary standards and maintaining the integrity of information. Challenges particularly occur when European Union member states collaborate and evidence is exchanged, as may be the case when solving a cybercrime. One such challenge is that the variety of possible evidences is so wide that potentially anything may become the evidence of a crime. Moreover, the introduction and the extensive use of information and communications technology (ICT) has generated new forms of crimes or new ways of perpetrating them, as well as a new type of evidence. Contributing authors examine the legal framework in place in various EU member states when dealing with electronic evidence, with prominence given to data protection and privacy issues. Readers may learn about the state of the art tools and standards utilized for treating and exchanging evidence, and existing platforms and environments run by different Law Enforcement Agencies (LEAs) at local and central level. Readers will also discover the operational point of view of LEAs when dealing with electronic evidence, and their requirements and expectations for the future. Finally, readers may consider a proposal for realizing a unique legal framework for governing in a uniform and aligned way the treatment and cross border exchange of electronic evidence in Europe. The use, collection and exchange of electronic evidence in the European Union context and the rules, practises, operational guidelines, standards and tools utilized by LEAs, judges, Public prosecutors and other relevant stakeholders are all covered in this comprehensive work. It will appeal to researchers in both law and computer science, as well as those with an interest in privacy, digital forensics, electronic evidence, legal frameworks and law enforcement.--

Information Technology or computerization is playing a vital role in various fields like business, communication, services, government sector etc. Also it has left its impression on judicial system & existing laws in India. The IT Act made several reforms in regulations such as the Indian Penal Code of 1860, the Indian Proof Act of 1872, the Reserve Bank of India Act of 1934 etc. The word proof can be described as evidence that helps to explain or refute a truth. The information technology Act 2000 is intended to understand the moral sanctity and structure of electronic records, which may include witness testimonies, notes, etc. Some changes are required to accept the electronic records as facts in the Evidence Act. In the light of section 65-A of the Indian Evidence Act, 1872, Indian courts provide electronic records. Section 65 B of the Indian Evidence Act 1872 specifies the framework for the filing of electronic records as evidence. According to Section 65-B of the Indian Evidence Act, 1871, the report shall be considered any data found in the electronic records of the written, discharged or replicated machine system, and may be permitted to provide evidence in any process which continues without the confirmation of the initial. It is era of speedy and faster communication, the use of internet and information technology is common among people. Nevertheless, the admissibility of the Act is subject to different provisions laid down in section 65-B of that act. So, with this paper I will be determining the extent of implementation of amended laws of Information Technology Act, 2000 with reference to Evidence Act, 1872.