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Computer Forensics and Electronic Evidence

When electronic documents are used as evidence, they are referred to as electronic evidence, or e-evidence. Broadly defined, e-evidence is any electronically-stored information on any type of computer device that can be used as evidence in a legal action. A computer forensics investigation is the search for e-evidence by analyzing electronic devices (e.g., computers, PDAs, cell phones, iPAQs, voice-mail, servers, disks, zip drives, or backup tapes) and communication media (e.g., instant messaging or chat rooms.) In 1995, a U.S. District Court stated that “the law is clear that data in computerized form is discoverable even if paper ‘hard copies’ of the information have been produced.” By 2000, email had become the most common type of e-evidence. In 2003, email evidence had become so prevalent it became known as evidence-mail. According to Garry Mathiason, whose law firm defends major corporations in employment cases, almost every case they handle has a “smoking email” component to it (Varchaver, 2003).