A Ship Service Fourth Dimension / Appointment Postage Is Non Legal Evidence
Saturday, October 5, 2019
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Many, many years ago, I was called to court, to furnish testimony inwards a illustration that involved a co worker, during a weekend inwards question.
As utilization of my testimony, I provided a code listing ("compilation" log), alongside appointment too fourth dimension printed on each page of the listing. The testimony too required presenting of the printed "system console" log, to substantiate my testimony.
I endured several hours of intense grilling, past times attorneys for both sides, who examined close every sixty minutes of my day, to verify that the co-worker too I had been physically "at work" on that day. The code listing was but a modest utilization of my testimony.
Even then, both the gauge too both attorneys were rattling aware of the possibility that the code listing appointment / fourth dimension postage stamp could non establish legal evidence, without careful "chain of custody" backup. Anybody knows that a estimator tin hold upwardly easily restarted, alongside the organisation clock reset, too made to attain a "code listing" / "compilation" for whatever appointment needed.
Nowadays, nosotros cause got people who would endeavour to base of operations their "testimony" on the appointment too fourth dimension postage stamp on an Internet website - perchance a Blogger weblog post.
The appointment / fourth dimension "stamp" on a weblog ship service is fifty-fifty less useful now, every bit legal evidence, than a "compilation" code listing was, dorsum when "system console" logs were newspaper based.
Now, nosotros cause got ubiqitous cellular Internet service, allowing anybody to access whatever computer, from close whatever place on the planet.
With a Blogger blog, nosotros tin publish whatever existing ship service dorsum to a Draft status, to afterwards re pose out to whatever appointment after 1970 (or whatever appointment Blogger volition support). Alternatively, mortal planning a criminal offense tin fifty-fifty schedule a post, pre written, to publish at a crucial time to come time.
Anybody who mightiness furnish testimony, too endeavour to utilization a ship service appointment / fourth dimension every bit evidence, mightiness (at best) convince a gauge to effect a courtroom order, which thence requires Google engineers to furnish certified organisation logs from their computers. And fifty-fifty then, I would non bet that a gauge or jury would predictably base of operations their legal determination on Google "testimony".
Any weblog owner, who tries to substantiate a DMCA appeal, or like case, based exactly on when a ship service was, supposedly, published, is going to lose. This volition hold upwardly either when the illustration is initially tried - or when it is re tried after the gauge or an attorney is disbarred for incompetent trial conduct, inwards accepting evidence based on an unproveable ship service appointment / fourth dimension stamp.
As utilization of my testimony, I provided a code listing ("compilation" log), alongside appointment too fourth dimension printed on each page of the listing. The testimony too required presenting of the printed "system console" log, to substantiate my testimony.
I endured several hours of intense grilling, past times attorneys for both sides, who examined close every sixty minutes of my day, to verify that the co-worker too I had been physically "at work" on that day. The code listing was but a modest utilization of my testimony.
Even then, both the gauge too both attorneys were rattling aware of the possibility that the code listing appointment / fourth dimension postage stamp could non establish legal evidence, without careful "chain of custody" backup. Anybody knows that a estimator tin hold upwardly easily restarted, alongside the organisation clock reset, too made to attain a "code listing" / "compilation" for whatever appointment needed.
Nowadays, nosotros cause got people who would endeavour to base of operations their "testimony" on the appointment too fourth dimension postage stamp on an Internet website - perchance a Blogger weblog post.
The appointment / fourth dimension "stamp" on a weblog ship service is fifty-fifty less useful now, every bit legal evidence, than a "compilation" code listing was, dorsum when "system console" logs were newspaper based.
Now, nosotros cause got ubiqitous cellular Internet service, allowing anybody to access whatever computer, from close whatever place on the planet.
With a Blogger blog, nosotros tin publish whatever existing ship service dorsum to a Draft status, to afterwards re pose out to whatever appointment after 1970 (or whatever appointment Blogger volition support). Alternatively, mortal planning a criminal offense tin fifty-fifty schedule a post, pre written, to publish at a crucial time to come time.
Anybody who mightiness furnish testimony, too endeavour to utilization a ship service appointment / fourth dimension every bit evidence, mightiness (at best) convince a gauge to effect a courtroom order, which thence requires Google engineers to furnish certified organisation logs from their computers. And fifty-fifty then, I would non bet that a gauge or jury would predictably base of operations their legal determination on Google "testimony".
Any weblog owner, who tries to substantiate a DMCA appeal, or like case, based exactly on when a ship service was, supposedly, published, is going to lose. This volition hold upwardly either when the illustration is initially tried - or when it is re tried after the gauge or an attorney is disbarred for incompetent trial conduct, inwards accepting evidence based on an unproveable ship service appointment / fourth dimension stamp.