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Legal journal highlights EnCase court successes.

Guidance Software : 30 January, 2008  (New Product)
Guidance Software publishes case file of US court judgements that succeeded due to the use of EnCase forensic software.
Guidance Software has released the latest edition of The EnCase Legal Journal, an online resource that details recent court rulings and other important legal developments involving the successful use of Guidance Software's EnCase software in eDiscovery matters and criminal prosecutions.
The EnCase Legal Journal is a valuable resource for prosecutors, corporate counsel and computer investigators worldwide. Available online at from the Guidance Software web site, it compiles dozens of published legal decisions, mostly at the appeal court level, and other legal developments that validate and highlight unanimous judicial acceptance of EnCase software. Four key additions to this new edition of The EnCase Legal Journal include:.

People v. Shinohara: EnCase Validated by Appellate Court.

This important ruling, recently issued by an Illinois Appellate Court, follows several previous courts in reinforcing the legal acceptance of Guidance Software's EnCase. The court found that EnCase established the authenticity of key computer evidence at trial. The Court's published opinion states: 'the EnCase software has a computer industry standard built into it, known as MD-5 hash, which utilizes an algorithm to verify that the image it is taking of a hard drive is accurate. Application of this standard during the copying process reflected that the EnCase software was operating properly. Accordingly, we conclude that the State presented sufficient evidence to establish that the EnCase software was functioning properly when [the State Computer Crime Investigator] utilized it and ensured that the images presented at trial accurately portrayed the images on defendant's computer.' Accordingly, the Appellate Court upheld the Defendant's conviction for possession of child pornography. This case serves as controlling authority in Illinois and strong influential authority for the rest of the United States.

United States v. Bhownath: Court Upholds Legality of Automated Computer Forensics Search with EnCase vs. Manual Investigation of Files.

This is a federal software piracy prosecution brought in United States District Court, Utah. The published opinion written by the Court reflects that the FBI successfully used Guidance's Software's EnCase software to conduct its computer forensics examination. The specific issues relating to EnCase in Bhownath centered on Fourth Amendment concerns under the United States Constitution regarding whether the issued search warrant was rendered overbroad by virtue of utilizing EnCase's powerful keyword searching capabilities, which enabled the investigator to search every file on the seized computer in an automated fashion, as opposed to manually opening specific documents with file names suggestive of software piracy. The Court denied the Defendant's motion to suppress evidence, finding that the evidence identified and recovered by EnCase was properly done without infringing upon the Fourth Amendment rights of the defendant.

Guidance Software Receives Highest Possible Rating by Leading Industry Analyst Firm, Gartner.

When US courts determine the validity of a technology that collects or generates scientific or technical evidence, the court applies four key factors as part of its legal vetting process. Two of the factors include the degree of industry acceptance of the subject technology and the extent of peer review and publication addressing that technology. This edition of the Legal Journal again addresses the legal significance of favorable industry analyst review through the inclusion of a rating by Gartner, a leading industry analyst firm, who gave Guidance Software its highest possible rating, "Strong Positive" in its latest MarketScope for E-Discovery and Litigation Support Vendors, 2007.

Recent Court Decisions Involving the eDiscovery Amendments to the Federal Rules of Civil Procedure.

Section 9 of The EnCase Legal Journal has been updated to address numerous recent court decisions that apply and interpret the December 2006 eDiscovery amendments to the Federal Rules of Civil Procedure, and how the features and capabilities of the EnCase eDiscovery software map to and enable compliance with these requirements.

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