Abstract
Digital evidence proffered by prosecutors is subject to the same standards as all other evidence. However, a major concern is that the novelty of digital evidence may lead to less rigor in its application. This chapter discusses issues related to identity and sufficiency of digital evidence, including the need for authenticity and reliability, and concerns about identification via digital evidence.
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References
Axon AI and Policing Technology Ethics Board, First Report of the Axon AI and Policing Technology Ethics Board, Axon, Scottsdale, Arizona, 2019.
J. Blue, J. Condell, T. Lunney and E. Furey, Bayesian-chain: Intelligent identity authentication, Proceedings of the Twenty-Ninth Irish Signals and Systems Conference, 2018.
T. Maughan, Infinite Detail, Farrar, Straus and Giroux, New York, 2019.
Reputation Defender, About Reputation Defender, Redwood City, California (www.reputationdefender.com/about), 2020.
M. Smith, Review of Selected Los Angeles Police Department Data-Driven Policing Strategies, BPC #19-0072, Office of the Inspector General, Los Angeles Police Commission, Los Angeles, California (www.lapdpolicecom.lacity.org/031219/BPC_19-0072.pdf), 2019.
State of Texas, Texas Penal Code §33.07. Online impersonation, Austin, Texas (codes.findlaw.com/tx/penal-code/penal-sect-33-07.html), 2020.
United States Court of Appeals (Ninth Circuit), United States v. Alexander, Federal Reporter, Third Series, vol. 48, pp. 1477–1484, 1995.
United States Court of Appeals (Second Circuit), United States v. Vayner, Federal Reporter, Third Series, vol. 769, pp. 125–131, 2014.
United States Court of Appeals (Seventh Circuit), United States v. Jackson, Federal Reporter, Third Series, vol. 208, pp. 633–637, 2000.
United States Court of Appeals (Sixth Circuit), Mikes v. Bork, Federal Reporter, Second Series, vol. 947, pp. 353–361, 1991.
United States Court of Appeals (Sixth Circuit), United States v. Fraser, Federal Reporter, Third Series, vol. 448, pp. 833–842, 2006.
United States Court of Appeals (Sixth Circuit), United States v. Perry, Federal Reporter, Third Series, vol. 438, pp. 642–652, 2006.
United States Court of Appeals (Sixth Circuit), United States v. Ray, Federal Appendix, vol. 189, pp. 436, 449–450, 2006.
United States Court of Appeals (Sixth Circuit), United States v. Jordan, Federal Reporter, Third Series, vol. 544, pp. 656–671, 2008.
United States Court of Appeals (Sixth Circuit), United States v. Martinez, Federal Reporter, Third Series, vol. 588, pp. 301–317, 2009.
United States Court of Appeals (Sixth Circuit), United States v. Boyd, Federal Appendix, vol. 447, pp. 684–690, 2011.
United States Court of Appeals (Sixth Circuit), United States v. Davis, Federal Appendix, vol. 531, pp. 601–607, 2013.
United States Court of Appeals (Sixth Circuit), United States v. Gonzalez, Federal Appendix, vol. 560, pp. 554–559, 2014.
United States Court of Appeals (Sixth Circuit), United States v. Farrad, Federal Reporter, Third Series, vol. 895, pp. 859, 875–880, 2018.
United States Court of Appeals (Sixth Circuit), Cahoo et al. v. SAS Analytics Inc. et al., Federal Reporter, Third Series, vol. 912, pp. 887–897, 2019.
United States Court of Appeals (Sixth Circuit), United States v. Vance, No. 19-5160, Decided and Filed, April 17, 2020.
United States Court of Appeals (Tenth Circuit), Chavez v. City of Albuquerque, Federal Reporter, Third Series, vol. 402, pp. 1039–1046, 2005.
United States District Court (Eastern District of Kentucky), United States v. Vance, Transcript of Trial, Case No. 18-CR-10, R. 72, Ewald, Transcript of Trial, 9/5/2018, pp 48–49, 2018.
United States Government, Rule 404. Character evidence; crimes or other acts, Federal Rules of Evidence, Washington, DC (www.law.cornell.edu/rules/fre/rule_404), 2020.
United States Government, Rule 801. Definitions that apply to this article; exclusions from hearsay, Federal Rules of Evidence, Washington, DC (www.law.cornell.edu/rules/fre/rule_801), 2020.
United States Government, Rule 803. Exceptions to the rule against hearsay, Federal Rules of Evidence, Washington, DC (www.law.cornell.edu/rules/fre/rule_803), 2020.
United States Government, Rule 901. Authenticating or identifying evidence, Federal Rules of Evidence, Washington, DC (www.law.cornell.edu/rules/fre/rule_901), 2020.
United States Supreme Court, Jackson v. Virginia, U.S. Supreme Court, vol. 443, pp. 307–339, 1979.
J. Velasco, Four Case Studies in Fraud: Social Media and Identity Theft, Socialnomics Blog (socialnomics.net/2016/01/13/4-case-studies-in-fraud-social-media-and-identity-theft), January 13, 2016.
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Losavio, M. (2020). Identity and Sufficiency of Digital Evidence. In: Peterson, G., Shenoi, S. (eds) Advances in Digital Forensics XVI. DigitalForensics 2020. IFIP Advances in Information and Communication Technology, vol 589. Springer, Cham. https://doi.org/10.1007/978-3-030-56223-6_2
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DOI: https://doi.org/10.1007/978-3-030-56223-6_2
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