Strange though it may sound, there is both more and better evidence today than at any point in the past. This “new” evidence, which increases in both quantity and quality each year, consists of myriad digital clues that businesses and individuals leave behind on their smartphones, tablets, wearable devices, laptops, cloud accounts, and much more besides. Using this evidence, lawyers can prove with near-certainty many things that were difficult, if not impossible, to prove just a few decades ago.
Consider the following examples:
- We can use EXIF data embedded in digital images to prove exactly where and when a photograph was taken. By means of this information, we can prove the location in space and time of both the person who took the photograph and any people shown in the photograph.
- By examining a key piece of data called a “checksum,” we can prove with certainty that certain kinds of evidence—such as computer files and digital storage media—are authentic and were not tampered with.
- Also using checksums, we can prove that a person has trade secrets or illicit materials on a computer without even needing to search directly for the items in question.
- We can tell whether a person is lying or telling the truth by comparing his present‑day statements with a bountiful stream of contemporaneous emails, texts, message logs, recorded voice messages, and more.
- Using forensic tools, we can prove that a litigant intentionally destroyed (or attempted to destroy) evidence.
- By means of geolocation and accelerometer data obtained from a smartphone or wearable device, we can tell whether a person is actually hurt or is malingering.
