Authentication of Electronic Evidence; A Journey from Electronic Discovery to Digital Forensic Experts in Western Law-Recommendations for Pakistan

Abstract

This article claims that electronic evidence is not like physical evidence and
requires some more guarantees of authentication which are not required
otherwise. Electronic evidence needs some extra precautions to be taken care of
during discovery and authentication procedures. Electronic discovery and
authentication are inevitable procedures involved in electronic evidence trials,
posing different challenges of electronic data and expert testimony therefore
need to be ascertained from the perspective of Western as well as Pakistani law.
Getting authentic and fool proof evidence to court is an important research
question addressed by this research. Digital forensic experts are essential to
carry on these procedures. Qualification of digital forensic expert is also
important to be ascertained for seeking reliable evidence. Western laws are
incorporating suitable laws and policies in order to cope up with the upcoming
challenges of big data, management problems and preservation of ESI
(electronically stored information). This research concludes that there is a need
to upgrade laws and policies of Pakistan, which regulate authentication,
discovery and expert testimony, as they are at very primitive stage