1. Group 3 Against the Proposed Amendments to Fed.R.Civ.Proc., Fed.R.Crim.Proc. & Fed.R.Evid

2. Civil Rule 5.2 / Criminal Rule 49.1 – Privacy Protection  Institutions should collect all personal information as it is necessary for legitimate purpose  The court must be equally available to all, including access to technology.  Technology is a particular problem in rural communities, or for people with physical disabilities. – no ability to receive notices or other electric transmission s from the court.  People who don’t have the technology will not be able to access the electric filing

3. Civil Rule 5.2 / Criminal Rule 49.1  Need for advanced technology to transmit the data to magistrate judge. Technology may not be reliable on one end of the transmission  Hackers can potentially access the data easier through the Internet.  Digital signatures are easily forged

4. Criminal Rule 5 & Rule 32.1  Rule 5 would have been changed to require a warrant be a certified copy or an electric copy through a reliable electronic device  Does not require the court documents to be certified when they are being delivered electronically.  Does not state what a reliable electronic media is, and therefore, the transfer of such information could be subject to unauthorized changes.  -Rule 32.1 would allow for copies of court documents to be made through reliable means. This rule has the same flaws as Rule 5

5. Criminal Rule 41b – Search and Seizure  Authorizes a magistrate judge to issue a search and seizure warrant based on information communicated by reliable electronic means or by telephone  Allows another opportunity for hackers to change information

6. Civil Rule 16  Lets a judge put limits on the scope of discovery of electronically stored information –costly & burdensome –Non integrated Systems - Information changes in one system will not affect on other system. –Therefore, problems will occur in discovery

7. Civil Rule 26f  Change to pre-trail meeting mentions electronically stored information  The volume of the information and the forms in which it is stored may make privilege determinations more difficult  Privilege review is correspondingly more expensive and time consuming.

8. Civil Rule 37f  Proposed rule 37f provides limited protection against sanctions for a parties in ability to provide electronically stored information in discovery when the information has been lost in routine operation, as long as the operation was done in good faith.  Provides no meaningful protection – protects conduct likely to be sanctioned in the first place.  Any mistake in interrupting the routine operation of a computer could be found to be unreasonable.  Foot note version too restrictive – proving a litigant acted intentionally or recklessly could prove to be quite difficult.

9. Questions?