Computer-generated evidence is considered:
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A. B. C. D.B.
Computer-generated evidence normally falls under the category of hearsay evidence, or second-hand evidence, because it cannot be proven accurate and reliable.
Under the U.S.
Federal Rules of Evidence, hearsay evidence is generally not admissible in court.
Best evidence is original or primary evidence rather than a copy or duplicate of the evidence.
It does not apply to computer-generated evidence.
Direct evidence is oral testimony by witness.
Demonstrative evidence are used to aid the jury (models, illustrations, charts)
Source: KRUTZ, Ronald L.
& VINES, Russel.
D., The CISSP Prep Guide: Mastering the Ten Domains of Computer Security, John Wiley & Sons, 2001, Chapter 9: Law, Investigation, and Ethics (page 310)
And: ROTHKE, Ben, CISSP CBK Review presentation on domain 9.
Computer-generated evidence is considered the best evidence.
Best evidence is the original document or data that is presented as evidence in a court of law. It is the most reliable form of evidence because it is the closest to the original source and has not been altered or tampered with in any way.
In the case of computer-generated evidence, this refers to digital information that is stored on a computer or other electronic device. Examples of computer-generated evidence include emails, chat logs, social media posts, financial records, and video recordings.
To be considered the best evidence, computer-generated evidence must meet certain criteria. It must be:
Authentic: The evidence must be genuine and not forged or tampered with.
Accurate: The evidence must be reliable and accurate, reflecting the actual events or data it represents.
Complete: The evidence must be the entire document or data set, not just a portion of it.
Admissible: The evidence must be relevant to the case and legally admissible in court.
Courts may require additional steps to ensure that computer-generated evidence meets these criteria. For example, they may require that the evidence be authenticated through testimony from a computer forensics expert or by a digital signature. They may also require that the evidence be stored and presented in a specific format to ensure its integrity.
Overall, computer-generated evidence is considered the best evidence in court because it is often the most reliable and accurate form of evidence available.