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Self-Authenticating Evidence

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Federal Rule of Evidence 902 amendments took effect on December 1, 2017.

Kelly Twigger reviews the reactions to FRE 902, allowing self-authentication of ESI.  Kelly quotes Craig Ball’s must-have’s for the affidavit certifying the collection:

  1. The corpus of data copied from the electronic device, storage medium, or file is clearly and unequivocally identified;
  2. The witness verifying the hash value is qualified and experienced in the calculation of a hash value;
  3. The tool and methodology employed to calculate the hash is known by the witness to be reliable;
  4. The witness attests that the hash values matched using the verified tool/methodology; and
  5. The hash value is disclosed (to facilitate independent verification). This last may not be an essential element, but I deem it good practice. Read more about Rule 902 here

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