Crying “Fake News!” Does Not Make It True
It is increasingly common for the prosecution to rely upon image-based evidence in criminal prosecutions. This evidence may take the form of videos derived from CCTV, smartphones, body worn cameras, and in-car cameras, as well as still images. Occasionally, the defence will also tender image-based evidence as part of their case. What happens...
Tricks, Lies, and the Administration of Justice
There currently exists almost limitless access to technology that can be used to modify images. No longer the sole province of specialists with high-end computers, the democratization of image modification capabilities means that untrained civilians can create wholly false images and transform real images into something other than a true depiction of reality....
Authentication Via Circumstantial Evidence: A Case for Social Media Images
Can a screenshot of a single image from a cell phone video recorded by an unknown person located on an unidentified Facebook account where the video was deleted shortly after uploading be authenticated for use at trial? That was the question a trial court in Maryland (USA) and the appeal court needed to...
The Search for the Truth in Open Source Evidence: Challenges, Limitations, and Opportunities
Open source image-based evidence is a key source of potentially valuable evidence in international and national criminal investigations and prosecutions. However, there are significant challenges and limitations involved in the use of this free-range evidence. I spoke about the use of open source image-based evidence at a conference hosted by the Inner Temple...
Opposing Experts Diverge on Video Authentication: Case Study
An interesting surveillance video authentication case involving opposing experts found its way to the Appellate Division of the Superior Court of New Jersey. This article reviews the facts that were considered by the trial judge, the expert evidence presented, the authentication ruling of the trial judge, and the appellate review of that ruling....
Case Study: Social Media Video Ruled Inadmissible
Social media sites have provided both benefits and challenges to investigators, counsel, and the court. The benefits they can provide are manifold. The amount of communication that is conducted through social media platforms is staggering, largely relegating voice communication via telephone a place in the history books. Many people who use social media...
Image Alteration (Forgery) Detection: An Overview of Passive Techniques
One of the most palpable concerns about digital media is whether it can be trusted. One of the topics that I am researching and writing about in my PhD is the authentication of digital media. In this article, I provide an overview of passive forgery detection techniques. I have not included academic and...
Image Alteration (Forgery) Detection: An Overview
One of the most palpable concerns about digital media is whether it can be trusted. One of the topics that I am researching and writing about in my PhD is the authentication of digital media. In this article and the article that will follow, I provide an overview of active and passive forgery...