'Electronic evidence: dealing with encrypted data and understanding software, logic and proof'

This article considers two topics that are directly related to digital evidence: (i) encrypted data and (ii) software, logic and proof: understanding more than the output of electronic evidence. Both topics are of significance in legal proceedings, especially criminal proceedings. In relation to encrypted data, this article briefly considers how such data is treated in Canada, England & Wales and the United States of America. Respecting the topic of software, logic and proof: understanding more than the output of electronic evidence, the aim is to illustrate why it is necessary to understand the nature of the technology and why it is necessary to enquire into causation in respect of evidence in digital format.

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