October 2005 Vol. 104 No. 1 THE REVIEW

"Electronic Fingerprints": Doing Away with the Conception of Computer-Generated Records as Hearsay

Adam Wolfson

“Every statement has a dual nature, it is both a fact and the assertion of fact, and on the guise in which it appears depends whether it is original evidence or hearsay, the respectable Dr. Jekyll is received with a becoming respect, but the disrespectable Mr. Hyde is kicked ignominiously out of court.”

One night, in the hours just before daybreak, the computer servers at Acme Corporation’s headquarters quietly hum in the silence of the office’s darkened hallways. Suddenly, they waken to life and begin haphazardly sifting through their files. Several states away, a hacker sits in his room, searching through the mainframe via an internet connection. His attack is quick—lasting only a short five minutes—but the evidence of invasion is apparent to Acme’s IT employees when they come in to work the next morning.

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