Ken Strutin

July 17, 2009 | Law.com

Extrasensory technologies collect and process information beyond the human senses. These technologies, such as license plate reading, which uses infrared cameras to capture digital images of plate numbers, raise privacy concerns similar to the warrantless use of GPS in Weaver.

By Ken Strutin

12 minute read

November 14, 2007 | Legaltech News

Picture perfect is not an apt description for software. Attorney Ken Strutin explains how software endures cycles of bugs and patches that are unacceptable when the software is ultimately used to operate technology with forensic potential. Due process demands a review of source code, he says.

By Ken Strutin

11 minute read

July 10, 2007 | New York Law Journal

Ken Strutin, director of legal information services at the New York State Defenders Association, writes that a person placing information in a computer has an expectation of privacy, perhaps a higher expectation than in most other places. Depending on the facts, it may be surrendered to some degree by shared control or common access. Still, a third party's actual or apparent authority to consent to the search of another's technology demands a higher level of scrutiny than for ordinary enclosed spaces.

By Ken Strutin

13 minute read

May 19, 2009 | New York Law Journal

Ken Strutin, director of legal information services at the New York State Defenders Association, writes that sharing the minutest details of our lives through mobile telecommunications has become second nature in the Information Age. And it has posed new challenges to the administration of the jury trial, he says, forcing a shift in the scrutiny of jury behavior from the visible world to the digital.

By Ken Strutin

11 minute read

May 08, 2007 | New York Law Journal

Ken Strutin, director of legal information services at the New York State Defenders Association, writes: There is a line to be drawn between the knowing or intentional actions of a computer owner and the unseen conduct of a remote user. What if the computer was directed by an unknown, third party to download illegal materials or commit other crimes? Are the acts of a cyber intruder a defense?

By Ken Strutin

10 minute read

September 12, 2007 | National Law Journal

Instant messaging combines the convenience of e-mail with the immediacy of a phone call, raising concerns at trial. Attorney Ken Strutin scrutinizes the evidentiary rules applying to IM, concluding it requires more analysis before becoming the foundation of a prosecution.

By Ken Strutin

10 minute read

July 09, 2008 | Legaltech News

Computer files are distinct entities, distinguishable from physical evidence. They're dynamic, with changeable content requiring translation to be viewed and understood, where search limiting protocols are essential to curb overbroad examination of electronically stored information.

By Ken Strutin

10 minute read

January 12, 2006 | Law.com

Before the era of the Internet, writes Ken Strutin, ethical boundaries were crossed when a judge "routinely sought out and interviewed witnesses outside of court and made judgments based on their unsworn ex parte communications." But is multipurpose Web surfing any different? However it's characterized, says Strutin, the Internet has the potential to become a gray eminence in judicial decision-making.

By Ken Strutin

7 minute read

May 17, 2006 | National Law Journal

Lawmakers are allowing the use of blogs as evidence in investigations and trials, which has raised a host of constitutional issues. In essence, blogs are electronically accessible versions of private diaries and personal papers -- sharing the qualities of print journals in substance and computer evidence in form. Attorney Ken Strutin analyzes issues presented by the use of blogs in the courtroom, and discusses the details of several cases that have addressed them.

By Ken Strutin

9 minute read

July 27, 2011 | New Jersey Law Journal

The emergence of the computer as a central player in society has put great pressure on legal professionals to master the lexicon of integrated technologies. So what is a "computer" in the legal sense? And how does the interpretation of that term impact on criminal law and procedure?

By Ken Strutin

10 minute read