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23 June 2011 / Trevor Horwitz
Issue: 7471 / Categories: Features , Profession , Marketing
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Unlocking the digital vault

Trevor Horwitz investigates how to reveal electronic data secrets

The content of a data message refers to information expressly communicated from one entity to another, either from an individual or an electronic system. For example, the content may be the text of an e-mail message, the transaction data reflected in a bank statement, and/or the “written” contents of word processing documents, to name but a few.

Determining the context of digital data is more complex, however. The context often refers to two elements:

  • the how, who, when, why and where the data has been generated and transmitted, including the process of transmittal; and
  • any other “meta data” that has been included with the standard content.


When changes are made to a hand-written document, these changes often require that either the original text be crossed out, that correction fluid be used, or that the document be thrown away started anew. In most instances, changes are relatively easy to identify and proving a documents authenticity would not be difficult. Likewise, if the authenticity

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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