Existing Citations

  • authentication : Authentication of records is one of the most critical reasons why metadata merits discussion. The outcome of several cases has turned on whether sufficient metadata existed to authenticate key documents at issue. (†300)
  • authentication (Quoting the Lorraine v Markel decision, 241 F): "Whenever ESI is offered into evidence,” the court explains, “this data must survive the rules of evidence. Even if relevant…, the ESI also must be authentic as required by rule 901(a)…” Quoting rule 901(a), the court further details what constitutes authentication: “the requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.” (†302)
  • authentication : System metadata (e.g., file names and extensions, sizes, creation dates) … could be crucial to authenticating the record for any purpose where authenticity of the record is paramount, like archival or historical uses. (†303)
  • authenticity (Quoting the Lorraine v Markel decision, 241 F): Computerized data . . . raise unique issues concerning accuracy and authenticity ... The integrity of data may be compromised in the course of discovery by improper search and retrieval techniques, data conversion, or mishandling. (†301)