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Investigating Internet Crimes by Art Bowker, Todd G. Shipley

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Chapter 4

Collecting Legally Defensible Online Evidence

This chapter discusses online or Internet evidence, which is electronically stored information (ESI) that has been properly collected, preserved, and for which a foundation has been laid for its admittance and/or consideration into a legal forum. The chapter’s focus is to provide investigators with the knowledge to gather the “best ESI,” so they can ensure their legal authority has a good basis to argue that it should be admitted into evidence. The legal concepts of relevancy, authentication, and hearsay are discussed as they relate to ESI. These concepts and other legal issues, including privacy, are presented from numerous International perspectives, including Canada, China, the European ...

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