Feeds

South Australia plans digital evidence review

Laws mentioning “telegram and telegraph” may not cover Internet adequately

  • alert
  • submit to reddit

Secure remote control for conventional and virtual desktops

Law reform advocates in South Australia are leading a push to have the rules of evidence reviewed to take new computer and communications technology into account.

Showing just how persistent out-of-date laws can become, the South Australian Law Reform Institute (SALRI) says it’s probably time to get rid of evidence rules relating to “communications by telegram and telegraph,” according to University of Adelaide Dean of Law, professor John Williams.

He says courts also need to “facilitate the proof of electronic and digital communications and ways in which records of these communications can be used in court proceedings”.

The SALRI issues paper (here) notes that it’s not only the reliability or admissibility of evidence that’s at stake: rules of evidence also exist to safeguard freedoms.

Although the issued look like legal hair-splitting, the way in which the state’s rules of evidence are modernized would have important implications for how computer and communications evidence is handled in the courts.

For example, if South Australia were to modernize its evidence laws covering proof of transmission of a communication over the Internet, can it do so in a way that’s consistent with the technology, and should the new rules apply to both criminal and civil law?

The issues paper is available from the University of Adelaide, here, with submissions due by 20 July 2012. ®

Boost IT visibility and business value

More from The Register

next story
'Stop dissing Google or quit': OK, I quit, says Code Club co-founder
And now a message from our sponsors: 'STFU or else'
Top beak: UK privacy law may be reconsidered because of social media
Rise of Twitter etc creates 'enormous challenges'
Uber, Lyft and cutting corners: The true face of the Sharing Economy
Casual labour and tired ideas = not really web-tastic
Ex US cybersecurity czar guilty in child sex abuse website case
Health and Human Services IT security chief headed online to share vile images
Don't even THINK about copyright violation, says Indian state
Pre-emptive arrest for pirates in Karnataka
The police are WRONG: Watching YouTube videos is NOT illegal
And our man Corfield is pretty bloody cross about it
Oz biz regulator discovers shared servers in EPIC FACEPALM
'Not aware' that one IP can hold more than one Website
prev story

Whitepapers

Top 10 endpoint backup mistakes
Avoid the ten endpoint backup mistakes to ensure that your critical corporate data is protected and end user productivity is improved.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Backing up distributed data
Eliminating the redundant use of bandwidth and storage capacity and application consolidation in the modern data center.
The essential guide to IT transformation
ServiceNow discusses three IT transformations that can help CIOs automate IT services to transform IT and the enterprise
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.