Sensors Are Devices That Detect [and often record] Data
The legal system has no choice but to incorporate this flood of sensor data into its practice. We now truly have the “Internet of Evidence™”
The Internet of Evidence Is As Ground Breaking as Fingerprinting or DNA!
The sensor data and the Internet of Evidence™ support:
- Determination of time lines
- Identities of actors
- Alibis
- Intent of actors
- External and environmental conditions
- Who knew what, and when they knew it
Just as with physical evidence, Internet of Evidence™ is subject to:
- Requirements for discovery, seizure, chain of custody, and accurate transcription
- Possible tampering, forgery, and counterfeiting, and
- Intentional or inadvertent loss or destruction.
The safest course is to follow the standards for E-Discovery and evidence in general:
- Identify where evidence can possibly be. Time is of the essence
- Preserve it - Impound [or at least write-protect] all Internet of Evidence™ data immediately
- Subpoena relevant records from Internet Service Provider and/or vendors while it is still available
- Preserve writeable media such as hard drives from being overwritten
- Gather it - Create perfect copies using NIJ-approved passive copy apparatus
- Process it – this might mean forensic recovery or other measures
- Review and analyze it to determine what is relevant
- Produce it for the Court or for Opposing Counsel, as required
Once Internet of Evidence™ data is secure, THEN determine if data has probative value
- If probative value cannot be ruled out, analyze data using qualified experts
- If no experts are on staff, LOOK ON THE INTERNET! There are specialists all over.
- The field is so large that no one individual can be an expert on all areas.
- Individual specialists may need to research highly case-specific questions.
- For large or complex cases, one expert may need to function as a Lead Investigator.