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Journal of Technology Law & Policy

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Document Type

Note

Abstract

This Note will examine how the legal system has navigated the newest hurdle of authenticating ESI and to determine what other solutions may lay on the horizon.

Section I will give a historical background as to how courts have previously handled the growth of ESI and the unique challenges it presents. Section II will outline the most recent adaptation directly related to authentication and explain how the changes were meant to work. Finally, Section III will assess the implementation of the amendments, identify remaining issues, and suggest solutions.

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