Digital evidence or electronic evidence is any probative information stored or transmitted in digital form that a party to a court case may use at trial.
The use of digital evidence has increased in the past few decades as courts have allowed the use of e-mails, digital photographs, ATM transaction logs, word processing documents, instant message histories, files saved from accounting programs, spreadsheets, internet browser histories, databases, the contents of computer memory, computer backups, computer printouts, Global Positioning System tracks, logs from a hotel’s electronic door locks and digital video or audio files.
Before accepting digital evidence, a court will determine if the evidence is relevant, whether it is authentic, if it is hearsay and whether a copy is acceptable or the original is required. Many courts in the United States have applied the Federal Rules of Evidence to digital evidence in a similar way to traditional documents.
In addition, digital evidence tends to be more voluminous, more difficult to destroy, easily modified, easily duplicated, potentially more expressive and more readily available. As such, some courts have sometimes treated digital evidence differently for purposes of authentication, hearsay, the best evidence rule and privilege.