Rethinking Reliability of Digital Evidence

Rethinking Reliability of Digital Evidence

Kelly Friedman

Partner

April 30, 2026

 

Digital evidence often looks authoritative. A system-generated report, an email chain, a spreadsheet, or a chat export can appear objective and complete. But in litigation, the real question is not whether digital evidence looks reliable. It is whether its reliability can be proven.

 

As litigation becomes more data-heavy, and as AI-generated or AI-assisted content becomes more common, the reliability of digital evidence deserves closer attention. A digital record is not trustworthy simply because it looks technical, precise, or system generated. Its reliability depends on the system that created it, the controls that preserved it, and the surrounding information that allows it to be tested.… Read More