In recent criminal cases, the prosecution has given the defense compact discs, supposed copies of audio recordings which the prosecution intends to use in evidence. In the instances when the original recordings were made on analog cassettes, an important legal question arises: Are the digital CDs true copies of original evidence?
With the rate of crime steadily on the rise and budgets continually dwindling, courts now have to deal with congested facilities, backlogged dockets, and decreasing and overburdened personnel. The implementation of cutting edge legal technologies is greatly enhancing the capabilities of the courts to assuage these problems, while maintaining the accuracy and propriety of the proceedings.
It seems that everyone is a member of a social network these days. Whether it's your kids on MySpace and Facebook, or your colleagues on LinkedIn, people are taking advantage of these new online meeting spaces to make friends, communicate and expand business opportunities. But what are the legal obligations that arise out of the use of social networks, both for the user and the sites themselves?
The Ninth Circuit recently issued a ruling against Roommates.com that could greatly impact other social networking sites by calling into question the immunity under Section 230 of the Communications Decency Act that such sites have previously enjoyed.
A man who used a Web-based e-mail service to communicate with his lawyer did not forfeit attorney-client privilege in those messages just because they were automatically copied to his company-owned laptop computer when he viewed them, a Massachusetts court has ruled.
Access the internet; find it; download it; then modify it, use it, distribute it, and/or incorporate it into a product. Best of all, it did not even cost a penny! What is It? It is open source code; source code that is licensed to the user under certain terms and conditions, without the requirement to pay a fee for modifying, copying or distributing the source code.
There is a sense of double irony in the fact that the United States Supreme Court has just ruled that the Environmental Protection Agency must do more to protect the environment.
Interview with Fred von Lohmann, Senior Counsel of the Electronic Freedom Foundation.
In the 2006 case, O'Grady v. Superior Ct., the Sixth Appellate District in California has interpreted the Stored Communications Act as limiting the ability of civil litigants to obtain the contents of stored communications from Internet Service Providers (ISPs) through the subpoena process. While this is a narrow application of the law, the interpretation will significantly affect e-discovery strategies and tactics in California - especially when litigants cannot obtain the original communications from the recipient.