One of the most palpable concerns about digital media is whether it can be trusted. One of the topics that I am researching and writing about in my PhD is…
Image Alteration (Forgery) Detection: An Overview
One of the most palpable concerns about digital media is whether it can be trusted. One of the topics that I am researching and writing about in my PhD is…
Appellate Courts Weigh in on Authentication of Digital Media in Canada
Authentication of digital media by the tendering party is a precondition for admissibility at trial. The focus of this article is on assessing what level of proof is required in…
Should Video Recordings of Monitors be Ruled Authentic?
In order to make sound, informed decisions about the content of videos tendered as evidence, it is preferable to have the original recording, or a copy that has been verified…
Appellate Ruling on Authentication: Speculation of Impropriety Not Enough
Should video evidence be ruled inadmissible because an expert raises potential concerns regarding its authenticity? Mere speculation is insufficient to dislodge a prima facie showing of threshold authenticity according to the Court…
The Admissibility of Video and Photographs Posted to Social Media: Inconsistent Court Rulings
Video and photographs posted to social media sites often have value for the prosecution. The challenge posed by social media evidence is authenticity and even though the law is quite…
Anonymous Videos Used to Take Children Away from Mother in Child Welfare Trial: Colorado Court of Appeals Weighs in on Authentication
In People In Interest of M.V., 432 P.3d 628, 2018 WL 5988705, the Colorado Court of Appeals was asked to review the decision of a trial judge ordering that a mother’s…
Authentication of Social Media and Other Videos in Northern Ireland Terrorism Cases
Courts in Northern Ireland have made important admissibility rulings regarding the authentication of videos presented as evidence in terrorism cases. One case addresses the admission of key video evidence when no…
Case Study: How a YouTube Rap Video was Used to Convict a Defendant
Video uploaded to social media sites must be authenticated in order to be admissible. The question of what level of proof is required to meet the authentication requirement was explored recently…
Case Study: Authenticating Facebook Video – “We Live!”
The admissibility of Facebook video was at issue in Lamb v. State of Florida, 246 So.3d 400 (2018) (District Court of Appeal of Florida, Fourth District). The defendant was being tried for…
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