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Can You Exclude All Digital Evidence Based Upon General Issues of Computer Security

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  • 10-09-2015, 08:31 AM
    andrewbb
    Can You Exclude All Digital Evidence Based Upon General Issues of Computer Security
    My question involves collection proceedings in the State of Texas.

    Since all computers have been breached and the Windows operating system can be shown to be hacked to its core, data cannot be trusted. Date/time stamp modifications make any and all digital evidence moot.

    Do lawyers understand this yet?
  • 10-09-2015, 08:43 AM
    free9man
    Re: Throwing All Digital Evidence Out of Court
    Not sure what this has to do with debt collectors but:

    That's why there are companies specializing in digital forensics out there making a WHOLE lot of money. The good ones can identify things such as date/time stamp modifications and other tricks.

    And no, not all computers have been breached. There are computers that have never been hooked up to the internet or pre-date the internet. There are computers that are properly protected making them extremely difficult, I wouldn't go so far as to say impossible, to breach.

    I'm also not sure where you get the notion that Windows is "hacked to its core". Is is vulnerable and a popular target for digital criminals, yup.
  • 10-09-2015, 12:42 PM
    Taxing Matters
    Re: Can You Exclude All Digital Evidence Based Upon General Issues of Computer Securi
    Quote:

    Quoting andrewbb
    View Post
    My question involves collection proceedings in the State of Texas.

    Since all computers have been breached...

    The statement is not accurate. Not all computers have been “breached.” Further, not all computers run Windows (let alone Windows 10) nor are all Windows 10 devices inherently insecure. It is up to the proponent of any evidence, whatever it is, to demonstrate the evidence is reliable. It is up to any party challenging that evidence to prove otherwise. Thus, whether any particular evidence is admissible depends on the specific details of that particular piece of evidence. It is simply not the case that all computer documents or digital evidence must be excluded simply because some computers may be compromised.
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