ABSTRACT

One of the biggest issues that can get in the way of electronic evidence being accepted in a court of law or any other venue is the ability to prove who actually created that piece of evidence. Nonrepudiation is simply the ability to prove, based on carefully controlled records management practices, who actually had access and made changes to or saved a piece of electronic evidence. Similarly, by the very nature of electronic data, it can be relatively easy, whether by mistake or intentionally, to corrupt the integrity of a document. The data are contained in the metadata of every electronic record, or in some cases the data are collected by the operating system and stored in some type of log. In an interesting example of the importance of maintaining the integrity of electronic documents, the US Congress in 2011 was considering a new law called the Uniform Electronic Legal Material Act.