Problems of Admissibility and Reliability of Metadata as Evidence

Abstract

This paper examines the challenges surrounding the admissibility and reliability of metadata as evidence in civil proceedings. It explores the legal standards, authentication issues, and technical complexities involved in presenting metadata in court. The study analyzes key legal cases, technical methodologies, and emerging technologies that impact the use of metadata as evidence. It addresses concerns such as metadata alteration, spoliation, privacy issues, and cross-border challenges. The research highlights the importance of forensic soundness, expert testimony, and proper interpretation of metadata in legal contexts. Additionally, it discusses the application of traditional evidence rules to digital information and the evolving standards for burden of proof in electronic evidence. The paper concludes by considering future challenges posed by emerging technologies and the need for ongoing legal and technical education in this rapidly evolving field.