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Re: Comments on new Mass. comp.crime law?



In article <jktaberCtB1Bu.F3w@netcom.com>,
John K. Taber <jktaber@netcom.com> wrote:
>Mark Leccese (mleccese@bu.edu) wrote:
>:      The law also:
>:      - changes state evidence rules so that duplicate 
>: computer files or software are admissable as 
>: evidence.
>This makes me nervous.  IMHO the rules of evidence are extremely important
>and should not be tampered with.  What is the argument for allowing duplicate
>files as evidence instead of original?

One argument is that it prevents LE officials from using the tactic of
confiscating entire systems and original data files (for instance, keeping
an entire BBS complete with its message base and email files) for months
on end because it "may be needed as evidence". The standard rules of
evidence give some support to this; this altered rule would eliminate
that excuse by permitting a tape dump of a disk to be entered in
evidence.
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