Technological entanglements

Evidentiary and ethical considerations of metadata in interjurisdictional litigation

Research output: Contribution to journalArticle

Abstract

Ethical and evidentiary rules governing the disclosure of confidential information are interrelated in many respects. Nevertheless, these rules are generally developed independently through different legal channels. Different approaches to the inadvertent disclosure of confidential information have emerged, leading to uncertain results in different jurisdictions. Uncertainty persists with regard to metadata available from electronic document formats. This paper explores the tension between the competing approaches this emerging problem. It argues that ethical and evidentiary principles addressing the protection and discovery of metadata should be coordinated in order to avoid creating incentives to maximize litigation costs.

Original languageEnglish
Pages (from-to)94-104
Number of pages11
JournalJournal of International Commercial Law and Technology
Volume2
Issue number2
StatePublished - 2007

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Metadata
jurisdiction
incentive
uncertainty
electronics
costs
Costs
Uncertainty

All Science Journal Classification (ASJC) codes

  • Law
  • Computer Science(all)

Cite this

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abstract = "Ethical and evidentiary rules governing the disclosure of confidential information are interrelated in many respects. Nevertheless, these rules are generally developed independently through different legal channels. Different approaches to the inadvertent disclosure of confidential information have emerged, leading to uncertain results in different jurisdictions. Uncertainty persists with regard to metadata available from electronic document formats. This paper explores the tension between the competing approaches this emerging problem. It argues that ethical and evidentiary principles addressing the protection and discovery of metadata should be coordinated in order to avoid creating incentives to maximize litigation costs.",
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