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Group 3

Group 3. Against the Proposed Amendments to Fed.R.Civ.Proc., Fed.R.Crim.Proc. & Fed.R.Evid . Civil Rule 5.2 / Criminal Rule 49.1 – Privacy Protection. Institutions should collect all personal information as it is necessary for legitimate purpose

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Group 3

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  1. Group 3 Against the Proposed Amendments to Fed.R.Civ.Proc., Fed.R.Crim.Proc. & Fed.R.Evid

  2. Civil Rule 5.2 / Criminal Rule 49.1 – Privacy Protection • Institutions should collect all personal information as it is necessary for legitimate purpose • The court must be equally available to all, including access to technology. • Technology is a particular problem in rural communities, or for people with physical disabilities. – no ability to receive notices or other electric transmission s from the court. • People who don’t have the technology will not be able to access the electric filing

  3. Civil Rule 5.2 / Criminal Rule 49.1 • Need for advanced technology to transmit the data to magistrate judge. Technology may not be reliable on one end of the transmission • Hackers can potentially access the data easier through the Internet. • Digital signatures are easily forged

  4. Criminal Rule 5 & Rule 32.1 • Rule 5 would have been changed to require a warrant be a certified copy or an electric copy through a reliable electronic device • Does not require the court documents to be certified when they are being delivered electronically. • Does not state what a reliable electronic media is, and therefore, the transfer of such information could be subject to unauthorized changes. • -Rule 32.1 would allow for copies of court documents to be made through reliable means. This rule has the same flaws as Rule 5

  5. Criminal Rule 41b – Search and Seizure • Authorizes a magistrate judge to issue a search and seizure warrant based on information communicated by reliable electronic means or by telephone • Allows another opportunity for hackers to change information

  6. Civil Rule 16 • Lets a judge put limits on the scope of discovery of electronically stored information • costly & burdensome • Non integrated Systems - Information changes in one system will not affect on other system. • Therefore, problems will occur in discovery

  7. Civil Rule 26f • Change to pre-trail meeting mentions electronically stored information • The volume of the information and the forms in which it is stored may make privilege determinations more difficult • Privilege review is correspondingly more expensive and time consuming.

  8. Civil Rule 37f • Proposed rule 37f provides limited protection against sanctions for a parties in ability to provide electronically stored information in discovery when the information has been lost in routine operation, as long as the operation was done in good faith. • Provides no meaningful protection – protects conduct likely to be sanctioned in the first place. • Any mistake in interrupting the routine operation of a computer could be found to be unreasonable. • Foot note version too restrictive – proving a litigant acted intentionally or recklessly could prove to be quite difficult.

  9. Questions?

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