Extract from George van Rooyen’s article “When Fake Electronic Evidence Is Used in Court”
As more of our personal and professional lives play out online and within digital spaces, it’s unsurprising to learn that an increasing amount of electronic evidence is being presented to the courts in relation to a wide number of legal cases. In fact, the worldwide Digital Forensics industry is expected to grow at a CAGR of 13% between 2020 to 2027.
In recent times, the accelerating impact of the Coronavirus pandemic has doubtless increased this phenomenon. The home working necessitated by country-wide lockdowns and shelter-in-place orders has meant a rapid uptick in the use of digital communication in professional settings, both through collaboration platforms and via the use of personal mobile devices. More interactions, in any setting, will unfortunately mean more conflicts and challenges, resulting in the need for more digital evidence to be collected.
In any instance where evidence is presented, there’s the potential for deception. The digital space is no different. What happens when fake electronic evidence is used in court? In this article, we’ll explore some of the issues that courts are encountering when it comes to falsification of digital evidence or testimonies, and discuss a few preventative, protective measures.
Courts & the Rise of Electronic Evidence
Courts represent some of the most well-established and historic establishments in any community. With its use of Latin, judges’ flowing robes, and tendency towards formality, courts can seem to reflect a bygone age. In reality, of course, nothing could be further from the truth. In the modern day, courts are evolving as a matter of necessity, to keep pace with the rapidly changing digital landscape, as well as their own intersection with technology.
