Mason presented several examples of these complex situation, including:
A judge is presented with network server logs showing a cyberintruder coming
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from a particular Internet Protocol (IP) address. Internet service provider (ISP)
records show that the IP address in question was assigned to a computer system at
a particular residence at the time of the incident. This information could be used
to improperly identify an individual as a wrongdoer.
A judge is presented with call history and service provider records showing that
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one mobile telephone was used to place a call to another mobile phone. The court
and a jury might erroneously believe that this evidence conclusively proves that
the owners of the two telephones actually had a conversation.
Metadata in a Microsoft Word document include the name of the person who
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ostensibly registered the product. Unless that information is deliberately deleted
or altered, the name will appear in every document generated by the Office
application. A judge might erroneously conclude that the metadata in a given
document conclusively proves that the named person is the actual author.
The presence of a bona fide digital signature on an electronic document (e-
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document) might be accepted by a judge as proof that the signature’s owner
actually sent the document in question. If the digital signature program is
compromised, the signing function can be manipulated. If this is not understood
by the trier-of-fact, a forged document might inadvertently be accepted as
legitimate.
Forensics refers to the application of scientific evidence in courts of law. Judges play
a gatekeeper role in determining what scientific evidence is and is not admissible in their
courtrooms
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