Why would the use of standard tools, such as those that are commercially created, be preferable over personally created tools?

What will be an ideal response?


ANSWER: The tools you use to recover, control, and track evidence are subject to review by opposing parties. If the court deems them unreliable, the evidence you recovered with them might not be admitted or might be admitted with a limiting instruction. If you use standard tools—commonly used tools or commercially available tools—you simplify the process of validating them.

Tools you've created, if they’re designed for a specific purpose and have been tested adequately to validate their accuracy for that purpose, might have advantages that you can demonstrate to a judge, who ultimately determines whether evidence is admissible. For example, a tool you’ve created could be more compact or run more efficiently than other comparable tools. You’re still required to validate these personal tools, however, and might have to share their source code for analysis. Remember that “borrowing” code from other products or incorporating other tools into your own without acknowledgment or paying royalties could be a violation of copyright law and is considered theft. In addition, it can result in major embarrassment for you, could have serious criminal and civil liability implications, and could adversely affect the attorney who retained you.

Computer Science & Information Technology

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