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- Title
THE AUTOMATION PARADOX IN LITIGATION: THE INADEQUACY OF PROCEDURE AND EVIDENCE LAW TO MANAGE ELECTRONIC EVIDENCE GENERATED BY THE 'INTERNET OF THINGS' IN CIVIL DISPUTES.
- Authors
CARUSO, DAVID; LEGG, MICHAEL; PHOUSTANIS, JORDAN
- Abstract
Recent advances in technology and a collective appetite for technological integration have resulted in the design of many 'everyday' objects, devices, machines, and buildings that incorporate data gathering, handling and transmission technology, commonly referred to as the Internet of Things. This article examines the procedural and evidential implications and challenges of collecting and exchanging electronically stored information gathered by these everyday objects. In particular, the article examines the discovery of that data in the context of court proceedings, and highlights the novel challenges presented by the format and location of the data. The article also considers the way in which this data is presented in court and issues relating to the admissibility and proper weight of evidence extracted from the Internet of Things. In particular, the article focuses on the circumstances in which the hearsay rule may affect the furnishing of such data, and how issues of identity and provenance are affected by the unique format and character of the evidence.
- Subjects
ACTIONS &; defenses (Law); TECHNOLOGY &; law; AUTOMATION; ELECTRONIC evidence; INTERNET of things; DISPUTE resolution
- Publication
Macquarie Law Journal, 2019, Vol 19, p157
- ISSN
1445-386X
- Publication type
Article