1.1.2003

Electronic Evidence: Issues Arising in Domestic Relations Cases

This is a summary overview of selected substantive laws and recent case developments in the area of electronic evidence, including wiretapping, eavesdropping, electronic e-mail interception, Internet-related issues and privacy relating to communications via computer. One focus is the legality and admissibility of evidence obtained using electronic and/or computer technology. A related focus concerns the perils of advising clients given emerging technologies, practices and the ethical constraints under which lawyers must operate in applying them. This article accompanied Mr. Ungar’s 2001 and 2002 presentations at the Oregon State Bar Family Law Section’s annual conferences. (Reprinted with permission.) View full article (PDF).