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The development of information and communication technologies and the associated societal development towards the network society, have significantly transformed the context of legal fact-finding. In criminal proceedings, eyewitness testimony and physical tracks and traces used to be the principal forms of evidence. Now, different types of evidence consisting of computer data — i.e. information stored in electronic and digital form, — are increasingly needed in order to prove both online and offline acts and events, with links to suspected crimes. Such electronic evidence is particularly crucial in cybercrime cases, in which eyewitness statements and other traditional types of evidence are not available or scarce because of the digital nature of the offences. However, even traditional crime in the physical world leaves electronic traces in a society where computers and computer networks are ubiquitous, surveillance technologies flourish, and vast amounts of personal data are stored and processed for numerous purposes by countless different private and public organizations.

Electronic Evidence in Criminal Procedure: On the Effects of ICT and the Development towards the Network Society on the Life-cycle of Evidence