A Post Fourth Dimension / Appointment Postage Stamp Is Non Legal Evidence
Thursday, April 30, 2015
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Many, many years ago, I was called to court, to render testimony inwards a example that involved a co worker, during a weekend inwards question.
As role of my testimony, I provided a code listing ("compilation" log), amongst appointment in addition to fourth dimension printed on each page of the listing. The testimony likewise required presenting of the printed "system console" log, to substantiate my testimony.
I endured several hours of intense grilling, past times attorneys for both sides, who examined almost every hr of my day, to verify that the co-worker in addition to I had been physically "at work" on that day. The code listing was simply a pocket-sized role of my testimony.
Even then, both the approximate in addition to both attorneys were real aware of the possibility that the code listing appointment / fourth dimension postage stamp could non works life legal evidence, without careful "chain of custody" backup. Anybody knows that a figurer tin last easily restarted, amongst the organisation clock reset, in addition to made to create a "code listing" / "compilation" for whatever appointment needed.
Nowadays, nosotros direct maintain people who would endeavor to base of operations their "testimony" on the appointment in addition to fourth dimension postage stamp on an Internet website - peradventure a Blogger weblog post.
The appointment / fourth dimension "stamp" on a weblog post service is fifty-fifty less useful now, every bit legal evidence, than a "compilation" code listing was, dorsum when "system console" logs were newspaper based.
Now, nosotros direct maintain ubiqitous cellular Internet service, allowing anybody to access whatever computer, from almost whatever place on the planet.
With a Blogger blog, nosotros tin publish whatever existing post service dorsum to a Draft status, to afterward re issue to whatever appointment after 1970 (or whatever appointment Blogger volition support). Alternatively, person planning a offense tin fifty-fifty schedule a post, pre written, to publish at a crucial futurity time.
Anybody who mightiness render testimony, in addition to endeavor to utilisation a post service appointment / fourth dimension every bit evidence, mightiness (at best) convince a approximate to consequence a courtroom order, which therefore requires Google engineers to render certified organisation logs from their computers. And fifty-fifty then, I would non bet that a approximate or jury would predictably base of operations their legal conclusion on Google "testimony".
Any weblog owner, who tries to substantiate a DMCA appeal, or similar case, based alone on when a post service was, supposedly, published, is going to lose. This volition last either when the example is initially tried - or when it is re tried after the approximate or an attorney is disbarred for incompetent trial conduct, inwards accepting evidence based on an unproveable post service appointment / fourth dimension stamp.
As role of my testimony, I provided a code listing ("compilation" log), amongst appointment in addition to fourth dimension printed on each page of the listing. The testimony likewise required presenting of the printed "system console" log, to substantiate my testimony.
I endured several hours of intense grilling, past times attorneys for both sides, who examined almost every hr of my day, to verify that the co-worker in addition to I had been physically "at work" on that day. The code listing was simply a pocket-sized role of my testimony.
Even then, both the approximate in addition to both attorneys were real aware of the possibility that the code listing appointment / fourth dimension postage stamp could non works life legal evidence, without careful "chain of custody" backup. Anybody knows that a figurer tin last easily restarted, amongst the organisation clock reset, in addition to made to create a "code listing" / "compilation" for whatever appointment needed.
Nowadays, nosotros direct maintain people who would endeavor to base of operations their "testimony" on the appointment in addition to fourth dimension postage stamp on an Internet website - peradventure a Blogger weblog post.
The appointment / fourth dimension "stamp" on a weblog post service is fifty-fifty less useful now, every bit legal evidence, than a "compilation" code listing was, dorsum when "system console" logs were newspaper based.
Now, nosotros direct maintain ubiqitous cellular Internet service, allowing anybody to access whatever computer, from almost whatever place on the planet.
With a Blogger blog, nosotros tin publish whatever existing post service dorsum to a Draft status, to afterward re issue to whatever appointment after 1970 (or whatever appointment Blogger volition support). Alternatively, person planning a offense tin fifty-fifty schedule a post, pre written, to publish at a crucial futurity time.
Anybody who mightiness render testimony, in addition to endeavor to utilisation a post service appointment / fourth dimension every bit evidence, mightiness (at best) convince a approximate to consequence a courtroom order, which therefore requires Google engineers to render certified organisation logs from their computers. And fifty-fifty then, I would non bet that a approximate or jury would predictably base of operations their legal conclusion on Google "testimony".
Any weblog owner, who tries to substantiate a DMCA appeal, or similar case, based alone on when a post service was, supposedly, published, is going to lose. This volition last either when the example is initially tried - or when it is re tried after the approximate or an attorney is disbarred for incompetent trial conduct, inwards accepting evidence based on an unproveable post service appointment / fourth dimension stamp.