Wednesday 3 April 2013

why it is necessary for judges To have knowledge about cyber law?


Mason presented several examples of these complex situation, including:

A judge is presented with network server logs showing a cyberintruder coming



from a particular Internet Protocol (IP) address. Internet service provider (ISP)

records show that the IP address in question was assigned to a computer system at

a particular residence at the time of the incident. This information could be used

to improperly identify an individual as a wrongdoer.

A judge is presented with call history and service provider records showing that




one mobile telephone was used to place a call to another mobile phone. The court

and a jury might erroneously believe that this evidence conclusively proves that

the owners of the two telephones actually had a conversation.

Metadata in a Microsoft Word document include the name of the person who



ostensibly registered the product. Unless that information is deliberately deleted

or altered, the name will appear in every document generated by the Office

application. A judge might erroneously conclude that the metadata in a given

document conclusively proves that the named person is the actual author.

The presence of a bona fide digital signature on an electronic document (e-



document) might be accepted by a judge as proof that the signature’s owner

actually sent the document in question. If the digital signature program is

compromised, the signing function can be manipulated. If this is not understood

by the trier-of-fact, a forged document might inadvertently be accepted as

legitimate.

Forensics refers to the application of scientific evidence in courts of law. Judges play

a gatekeeper role in determining what scientific evidence is and is not admissible in their

courtrooms
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