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During the Killian documents controversy in 2004, the authenticity of the documents themselves was disputed by a variety of individuals and groups. Proof of authenticity is not possible without original documents, and since CBS used only faxed and photocopied duplicates, authentication to professional standards would be impossible regardless of the provenance of the originals.
It has been argued that this change of format may mean digital evidence does not qualify under the "best evidence rule". [4] However, the "Federal Rules of Evidence" rule 1001(3) states "if data are stored in a computer…, any printout or other output readable by sight, shown to reflect the data accurately, is an ‘original.’" [11]
In 1790, shortly after the Constitution had been ratified, Congress took action under the Full Faith and Credit Clause, enacting that "the records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every Court within the United States, as they have by law or usage in the Courts of the state ...
The rule specifies that secondary evidence, such as a copy or facsimile, will be not admissible if an original document exists and can be obtained. [1] The rule has its roots in 18th-century British law, [ 2 ] at a time when copies would be rewritten by hand and hence more vulnerable to inaccuracies.
Authentication, in the law of evidence, is the process by which documentary evidence and other physical evidence is proven to be genuine, and not a forgery. Generally, authentication can be shown in one of two ways.
Exemplified certified copy of Decree Absolute issued by the Family Court Deputy District Judge – divorce certificate. A certified copy is a copy (often a photocopy) of a primary document that has on it an endorsement or certificate that it is a true copy of the primary document. It does not certify that the primary document is genuine, only ...
The U.S. Securities and Exchange Commission (SEC) has published an investment contract framework for digital assets, which is intended to give crypto companies guidance as to whether a ...
[3] Formally, a message authentication code (MAC) system is a triple of efficient [4] algorithms (G, S, V) satisfying: G (key-generator) gives the key k on input 1 n, where n is the security parameter. S (signing) outputs a tag t on the key k and the input string x. V (verifying) outputs accepted or rejected on inputs: the key k, the string x ...