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Digital Habit Evidence

Authors: Ferguson, Andrew Guthrie;

Digital Habit Evidence

Abstract

This Article explores how “habit evidence†will become a catalyst for a new form of digital proof based on the explosive growth of smart homes, smart cars, smart devices, and the Internet of Things. Habit evidence is the rule that certain sorts of semiautomatic, regularized responses to particular stimuli are trustworthy and thus admissible under the Federal Rules of Evidence (“FREâ€) 406 “Habit; Routine Practice†and state equivalents. While well established since the common law, “habit†has made only an inconsistent appearance in reported cases and has been underutilized in trial practice. But intriguingly, once applied to the world of digital trails and the Internet of Things, this long dormant rule could transform our “quantified lives†into a significant new evidentiary power. In fact, habit evidence as quantified fact may become weaponized to reimagine trial practice in the digital age.

Country
United States
Related Organizations
Keywords

340, 330, habit evidence, FRE, evidence, digital trails, digital evidence, federal rule of evidence, law and technology, Science and Technology Law, Law

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
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