Electronic Evidence

Electronic Evidence, also known as Digital Evidence, is any information which has been stored or transmitted in digital form and may be used in a court of law. Current trends indicate that more than 95% of all information exists solely in electronic form and never gets printed. Electronic records may include corporate plans, design plans, intellectual property, medical records, financial records, photos, spending histories, browser histories, etc.

Most person to person communications are electronic in nature, leaving a digital fingerprint. These communications include e-mail, instant messaging, texting, cell phones, and even land-based VOIP telephones. Volatile information derived from these communications might include financial information and transactions, schedules, timelines, and even the location of a defendant at a specific time.

In recent years, both criminal and civil litigation demands that attorneys work with electronically stored information (ESI). ESI is highly volatile, easy to change or destroy, and requires immediate attention for preservation. In Texas, the collection and analysis of ESI requires licensure by the State of Texas, Department of Public Safety, Private Security Board.

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