Electronic Evidence - Second Edition (ASIAN REPRINT)

RM314.25 Publisher: LexisNexis
Format: Hard Cover, Book
ISBN: 9788180386381


Electronic evidence is now recognized as the main source of evidence worldwide. It affects every aspect of law, criminal and civil, and with the internet, is even more important for all lawyers to understand and apply to daily practice. This title brings together all the issues relating to disclosure, procedure and admissibility of electronic evidence as well as comprehensive coverage of jurisdictions including Australia, Canada, the UK, Hong Kong, India, New Zealand, Singapore, South Africa and the USA.

Key benefits of Electronic Evidence Second Edition:
Currently the only text available on this subject
Enables you to advise on electronic evidence confidently
Covers the complexities and types of electronic evidence in one source, and also makes suggestions for further reading on more technical issues, to save you time
Ensures compliance with procedures and duties to the court for the disclosure of electronic evidence

Electronic Evidence contains coverage of key foreign jurisdictions and a glossary to ease understanding
New to Electronic Evidence Second Edition:
Chapter on the practical management of digital evidence
Chapter on presumptions and digital evidence considering some false assumptions about digital evidence that have a direct bearing on the legitimacy of some findings
Electronic Evidence second edition presents fully updated material on the jurisdictions covered, including case law and legislation


"In some cases a knowledge of how things work, even at a basic level, will make all the difference when it comes to winning or losing an application or a case, and not everyone has that. This book will help with all that."
The Honourable Mr Justice Mann

Electronic Evidence Second Edition
Rob Jerrard LLB LLM
"Internet Law Book Reviews"
This is the second edition of this excellent book, which covers a very difficult and fast-moving subject. Indeed the author finds it necessary to include a disclaimer at the very beginning, stating that it is not intended to be comprehensive but only a general guide. Very wise. We do, as the Foreword points out live in an electronic age, which can at times be overwhelming.

The book begins with a very comprehensive list of contents - Author Biography, Glossary, Table of Statutes, Table of Cases by Jurisdiction, before Chapter One looks at sources of digital evidence which includes some problem areas such as, 'Malicious Software', 'the Trojan Horse', 'Viruses', 'Encrypted Data' and 'Steganography', which is a method of hiding a message inside a digital object. This is a very technical book covering not only England and Wales but also, Australia, Canada, Hong Kong Special Administrative Region and China, India, Ireland, New Zealand, Scotland, Singapore, South Africa and USA.
Whatever the publishers and author may claim, it must in spite of their disclaimer be an absolute must for Lawyers working in this field and certainly a valuable addition to any Barristers? Chambers, Libraries or University Library.

Deirdre M. Dwyer Pembroke College,
Oxford International Commentary on Evidence Volume 5, Issue 2 2007 Article 3

"It is almost self-evident that as our society makes increasing use of electronic devices, such as computers and mobile phones, so the evidence that we rely on in litigation, both civil and criminal, will be increasingly electronic in nature. But central to this increasing use of electronic evidence are fundamental technical and legal questions about the quality of that evidence, and the circumstances under which it can be obtained and then admitted into court.

"This book provides a valuable introduction to the issues surrounding electronic evidence, from the work of investigators securing that evidence (particularly in relation to a possible criminal offence) through to the work of counsel challenging its admissibility and probative value. Buying this book will cost you less than the first hour of a forensic computing consultant?s time. It is recommended reading for almost anyone involved in fact investigation or fact finding, as well as in corporate security, internal audit or legal affairs."

Table of Contents

Fundamentals of digital evidence: The practical foundations of digital evidence, illustrated with relevant case law
1. The sources of digital evidence
2. The characteristics of digital evidence
3. Investigation and examination of digital evidence
4. Authenticity, evidential foundations and proof
5. Presumptions and digital evidence
6. Using graphical technology to present evidence
7. The practical management of digital evidence

PART TWO Country-specific chapters
8. Australia
9. Canada
10. England and Wales
11. Hong Kong
12. India
13. Ireland
14. New Zealand
15. Scotland
16. Singapore
17. South Africa
18. United States of America

1. Selected list of resources
2. The Sedona Guidelines
3. Commonwealth Draft Model Law on Electronic Evidence
4. ACPO Good Practice Guide for Computer-Based Electronic Evidence
5. Guides to ACPO from across the world


General Editor
Stephen Mason is barrister, a member of the IT Panel of the General Council of the Bar of England and Wales, and the UK representative on the IT Law Committee of the Council of Bars and Law Societies of Europe. He is the editor of International Electronic Evidence (2008), and the author of Electronic Signatures in Law (2nd edn, 2007) and E-Mail, Networks and the Internet: A Concise Guide to Compliance with the Law (6th edn, 2006). He is the founder and editor of the Digital Evidence and Electronic Signature Law Review.

The characteristics of digital evidence
Burkhard Schafer has been a Lecturer (since 1996) and Senior Lecturer (since 2004) at the School of Law, University of Edinburgh, and is a Co-director of the Joseph Bell Centre for Forensic Statistic and Legal Reasoning, and the AHRC SCRIPT Centre for IT and IP law. Born in Wiesbaden, Germany in 1967, he holds degrees in logic, epistemology, computer linguistics, and law from the Universities of Munich and Lancaster. He has published extensively in the field of legal expert system design, the semantic web, and on legal responses to new technologies from a comparative perspective.

Proof: the investigation, collection and examination of digital evidence
Andrew Sheldon
is a digital forensic technologist with over 17 years experience advising government, legal and corporate clients worldwide. He was one of the first to gain a Masters Degree in Forensic Computing from Cranfield University, Royal Military College of Science, and has conducted thousands of digital examinations into activities as diverse as indecent images, digital piracy, IP theft and manslaughter. His specific expertise of investigating abuse of intellectual property has involved him in a number of high profile cases. He is a speaker and educator on e-crime and digital forensics, and is recognised as an innovator of specialist forensic techniques.

Using graphical technology to present evidence
Dr Damian Schofield is the Director of Human-Computer Interaction at the State University of New York. He was previously Associate Professor of Computer Games and Digital Media at RMIT University in Australia, and Director of Virtual Simulation for Laurentian University in Canada. Prior to this, he worked at the Mixed Reality Laboratory at the University of Nottingham in the UK. Dr Schofield also remains a director of Aims Solutions Ltd., a visualisation company. Dr Schofield's research is principally concerned with representation and understanding of visual information in legal environments, and he has given expert evidence in courts across the world.

The practical management of electronic evidence
Derek Begg understands the issues surrounding litigation, because before he joined Potter Farrelly, Derek spent 14 years as a commercial litigator, handling disputes in all the major Australian courts and tribunals. Derek's strengths are in written and verbal communications, and resource and team management. He has contributed extensively to client reports and research papers considering court protocols, document review management, technology in litigation and the courts, and privacy.

Chris Dale qualified as an English solicitor in 1980 after reading History at Oxford. He was a litigation partner in London and then a litigation software developer and litigation support consultant before turning to commentary on electronic disclosure and discovery. He runs the e-Disclosure Information Project which disseminates information about the court rules, the problems, and the technology to lawyers and their clients, to judges, and to suppliers. He writes the UK's only authoritative and objective web site and blog on the subject and is a well-known speaker and commentator in the UK, the US and other common law jurisdictions.

M. James 'Jim' Daley helps clients develop legally defensible solutions to global e-discovery, e-records management and data protection and privacy challenges, using his M.S. in Information Systems combined with 29 years of complex litigation experience. Jim is a frequent author and speaker on e-discovery issues and serves as Co-Chair The Sedona Conference® Working Group on International Electronic Information Management, Discovery and Disclosure (WG6) and is Co-Editor-in-Chief of The Sedona Conference® Framework for Analysis of Cross-Border Discovery Conflicts: A Practical Guide To Navigating The Competing Currents Of International Data Privacy And E-Discovery (2008).

Laura Clark Fey helps corporate clients develop and implement strategies to address a wide variety of records retention, e-discovery and data privacy issues, relying on her 17 years of complex litigation and trial experience, including attorney general actions, multi-district litigation and class actions. Laura, a former recipient of the U.S. Department of Justice's Outstanding Performance Award, has been recognized as a Missouri and Kansas Super Lawyer and 'Top 50 Women Lawyers', 'Best of the Bar' in Kansas City, and '40 under Forty' by Ingram's Magazine.

Dominic Jaar is the president of Ledjit Consulting and the CEO of the Canadian Centre for Court Technology. He is on the editorial board of Sedona Canada, drafted the French version of The Sedona Canada Principles on e-discovery, and is a member of Sedona Conference working groups 1 and 6. He previously worked as a litigator at Bell Canada, where he advised on e-discovery, and was a commercial litigator at Borden Ladner Gervais. A member of the Quebec Bar, he graduated from Laval University (Civil Law) after studying at Western University (Common Law) and Aix-Marseille III (International and European Law).

Sandra Potter is a Director of Potter Farrelly and is an internationally recognised expert in the law and technology field. She has a depth of specialist knowledge concerning document management, litigation management and the adoption of technology to control both paper-based and electronic material. Sandra has been a legal technology consultant for law firms, in-house legal teams and the courts throughout Australia, Asia, Europe and Canada for over 20 years. Sandra is an international speaker at 'Technology and the Law' conferences and seminars. Her innovative work and industry leadership has been featured in print media, television news and radio.

Philip Argy is a mediator, arbitrator and strategist specialising in science, technology and intellectual property. He is a former President of the Australian Computer Society and is a member of the WIPO Panel of Neutrals for the resolution of technology and intellectual property disputes, including those involving domain names. He has lectured extensively on the subject of electronic evidence and record retention.

Seamus E. Byrne LLB, CISSP, CCE, EnCE, MCP, Security+, is a lawyer and digital evidence specialist. Seamus acts as an independent expert to help resolve disputes in relation to the discovery of electronic evidence. Having developed experience through his prior engagements in top-tier legal, chartered accounting and corporate sectors, Seamus has performed significant roles in advising on the discovery and life-cycle management of electronically stored information in several high-profile litigation matters, representing a number of S&P/ASX 200 and Fortune 500 international clients.

Steve Coughlan is a Professor at the Schulich School of Law at Dalhousie University, Halifax Nova Scotia, and a faculty member of the Law & Technology Institute. He is co-editor of the Criminal Reports, Criminal Law e-Letter (National Judicial Institute), and the Canadian IT Law Association e-newsletter on law and technology. He is the co-author of several books, including Learning Canadian Criminal Law (11th edn, 2009) with Don Stuart and Ronald J. Delisle, and the Annual Review of Criminal Law with Gerry Ferguson. He has received a number of teaching awards, including the 2006 Association of Atlantic Universities' Distinguished Teacher Award.

Robert J. Currie is an Assistant Professor at the Schulich School of Law at Dalhousie University, Halifax, Nova Scotia, where he is a member of the Law & Technology Institute. His teaching subjects include evidence, civil procedure, advocacy and international criminal law. He is a co-editor of the Canadian IT Law Association e-newsletter on law and technology, and is the author of International and Transnational Criminal Law (Irwin, forthcoming 2009). He has published articles in various subject areas, including evidence, civil procedure, law and technology, and professional liability.

Hong Kong Special Administrative Region, People's Republic of China
David Leung
is the Acting Senior Assistant Director of Public Prosecutions of the Appeals Section, Prosecutions Division, Department of Justice, HKSAR. He was appointed an honorary lecturer of the Department of Professional Legal Education, Faculty of Law, University of Hong Kong in 2000. Mr Leung became Chairman of the Information Security and Forensics Society ISFS (www.isfs.org.hk) in January 2003. He remains as a Council Member of the Committee. He was also the Secretary and one of the founding members of the Asia Pacific Chapter of the High Technology Crime Investigation Association.

Manisha Karia is a practicing Advocate in the Supreme Court of India at New Delhi. Manisha specializes in Intellectual Property Law and Information Technology Law. Manisha completed her LLB from ILS Law College, Pune, India in 2000 and worked with a number of leading law-firms in Mumbai, India until 2004. Manisha may be contacted at manishakaria@gmail.com.

Tejas Karia is a Principal Associate with Amarchand & Mangaldas & Suresh A. Shroff & Co, Advocates & Solicitors, New Delhi, India. Tejas completed his LLB from ILS Law College, Pune, India in 2000 and read for his LLM at Gujarat University, India in 2002 and the London School of Economics, London, in 2003. Tejas is a qualified Advocate in India and Solicitor in England and Wales (non-practicing). Tejas specializes in International Commercial Arbitrations and Information Technology Law. Tejas may be contacted at tejas.karia@amarchand.com.

Stephen Brady studied Law at University College Dublin and graduated with Honours. He received the qualification of Barrister-at-Law from the Honourable Society of Kings Inns, Dublin. He also was awarded the degree of Masters in Laws from Trinity College Dublin. He is a practising barrister in Dublin.

Ruth Cannon LLB (Dub) BCL (Oxon) BL is a practising barrister and member of the Department of Legal Studies, the Dublin Institute of Technology, Aungier Street. She is the co-author, with Niall Neligan, of Evidence (Thompson Round Hall, 2002), a textbook on Irish evidence law.

New Zealand
Dr Chris Gallavin
LLB (Hon) (Cant), PhD (Hull) is a Barrister and Senior Lecturer of law at the School of Law, University of Canterbury, New Zealand. He is the editor of the New Zealand Armed Forces Law Review and the Review Editor of the New Zealand Yearbook of International Law. Chris has an extensive list of peer reviewed publications in the area of criminal justice, and is the author of Evidence (LexisNexis, 2008), New Zealand's only current discursive text on the law of evidence. Chris is a development aid consultant and media commentator on issues of evidence and criminal law.

Iain G. Mitchell QC is Chairman of the Scottish Society for Computers and Law and of the Faculty of Advocates Information Technology Group. He is an honorary lecturer at the Institut für Informations- Telekommunikations- und Medienrecht at the Wilhelms-Universität, Münster, Westphalia, and a Freeman of the Worshipful Company of Information Technologists. He is Joint Editor of the International Free and Open Source Law Review and was formerly Joint Editor of the E Law Review. He is Co-convenor of the Scottish Lawyers' European Group. He is a lay Reader in the Church of Scotland and a trustee of numerous arts charities.

Daniel Seng BCL (Oxon) is an Associate Professor with the Faculty of Law, National University of Singapore; a Fellow at Stanford Law School, Stanford University; a Law Reform Consultant with the Attorney-General's Chambers; a member of the Advisory Council on the Impact of New Media on Society with the Ministry of Information, Communication and the Arts, and has advised on IT legislation, including the Electronic Transactions Act and the Evidence Act. Previously a Director of Research at the Singapore Academy of Law and a special consultant to the World Intellectual Property Organization, when in practice he worked in IT and IPR.

Bryan Tan is an advocate and solicitor and managing director of Keystone Law Corporation, a leading Singapore law firm in the fields of IT and Intellectual Property and is also named by the Legal 500 Asia/Pacific as one of the leading individuals in IT and Telecoms law in Singapore. Bryan sits on the editorial board of the Digital Evidence and Electronic Signature Law Review. He is also an author of the E-Commerce sections of Halsbury's Laws of Malaysia and Halsbury's Laws of Singapore.

South Africa
Julien Hofman is Emeritus Associate Professor in the Department of Commercial Law at the University of Cape Town where he was responsible for the postgraduate programme in electronic law. He now lives in Oxfordshire where he continues to write and consult on electronic law and copyright.

United States of America
Brian W. Esler is a partner in the Intellectual Property Group at Miller Nash llp in Seattle, Washington. His practice concentrates on disputes involving intellectual property and high technology law, appellate advocacy and general commercial litigation. He received his LLM with honours in intellectual property law from the University of London (London School of Economics) in 2002, his J.D. cum laude from the Georgetown University Law Center in 1992, and his BA from the University of Pennsylvania.

Joseph J. Schwerha IV, M.S., J.D. is an Associate Professor of Business Law and Technology within the Department of Business and Economics at California University of Pennsylvania. He instructs on all aspects of business law, as well as in the areas of privacy, cyber crime and information law. Whilst not teaching, Dr Schwerha concentrates on his computer forensics, privacy, and e-discovery consulting business, Trace Evidence, LLC. Mr Schwerha holds a J.D. from the University of Pittsburgh, as well as both a B.S. and a M.S. from Carnegie Mellon University. He has published numerous articles both domestically and internationally
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