[IP] Orin Kerr on digital evidence and computer crimes [priv]
-------- Original Message --------
Subject: Digital Evidence and the New Criminal Procedure
Date: Tue, 28 Sep 2004 18:59:07 -0400
From: Orin Kerr <okerr@xxxxxxxxxxx>
Reply-To: <okerr@xxxxxxxxxxx>
To: <declan@xxxxxxxx>
Declan,
A draft of a forthcoming essay of mine has just been posted, and I
thought you and the Politech audience might be interested in taking a
look. The essay is called "Digital Evidence and the New Criminal
Procedure," and will be published in the January '05 issue of the
Columbia Law Review. You can download the draft from this URL:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=594101
The essay studies the differences between traditional criminal
investigations and investigations into computer-related crimes. It
concludes that computer-related crimes will trigger new rules of
criminal procedure in response to those differences. It's a fun and
relatively short piece — at least by the standards of law reviews --
and should be of interest to anyone interested in how changing
technology creates the need for changes in legal rules.
I'm particularly interested in receiving comments on the paper from
those with a better technical background than myself (which doesn't
take much) about any errors or oversights on the tech side.
Best,
Orin
Orin S. Kerr
Associate Professor
George Washington University Law School
Washington, DC
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