Electronic Fingerprints : Doing Away with the Conception of Computer-Generated Records as Hearsay

One night, in the hours just before daybreak, the computer servers at Acme Corporation\u27s headquarters quietly hum in the silence of the office\u27s darkened hallways. Suddenly, they waken to life and begin haphazardly sifting through their files. Several states away, a hacker sits in his room, searching through the mainframe via an internet connection. His attack is quick-lasting only a short five minutes-but the evidence of invasion is apparent to Acme\u27s IT employees when they come in to work the next morning. Nearly a year later, federal prosecutors bring suit in the federal district court against the person they believe to be the hacker. During the trial, several witnesses testify about the attack and its resulting damage. The only piece missing is the hacker\u27s identity. In order to prove this, the prosecution wishes to introduce the mainframe\u27s records of the attack, which document both the source of the invasion and the signature of the computer that conducted the entire event. A cursory check by computer specialists matched these records with the accused hacker\u27s personal computer. The prosecutors lay sufficient foundation to authenticate the records and then move to have them admitted into evidence. Objection! states the defense counsel. On what grounds? replies the judge. Hearsay, your Honor. The computer records the prosecution is attempting to introduce do not satisfy the business records exception under Federal Rule of Evidence 803(6). They were created in response to an attack, and were not maintained in the ordinary course of business. Consequently, they cannot be admitted under the Rules of Evidence and must be deemed inadmissible. The judge directs his attention to the prosecution. Counsel, are there any other exceptions these records fall under? No, your Honor. Objection sustained. This result may seem inequitable, but it is entirely possible given the current majority view on the nature of computer-generated records. This Note argues that the minority conception is the proper approach to judging computer-generated records\u27 admissibility. The minority approach recognizes the true nature of this type of record and is in accordance with the overall purposes of the Federal Rules of Evidence: accuracy and truth in the fact-finding process. Part I demonstrates that a distinction exists between computer-stored and computer-generated records. A majority of courts largely ignore this distinction despite contravening precedent from several state courts. Part II then explains why computer-generated records as opposed to computer-stored records-should not be considered hearsay because these records do not fit into the definition of hearsay and they do not present the normal dangers associated with such statements. Part III advocates a test by which judges can distinguish between these two types of records. This Part also suggests ways in which federal and state judiciaries can reform faulty precedent and avoid the likely obstacles that will arise in such an endeavor

Electronic Fingerprints : Doing Away with the Conception of Computer-Generated Records as Hearsay

One night, in the hours just before daybreak, the computer servers at Acme Corporation\u27s headquarters quietly hum in the silence of the office\u27s darkened hallways. Suddenly, they waken to life and begin haphazardly sifting through their files. Several states away, a hacker sits in his room, searching through the mainframe via an internet connection. His attack is quick-lasting only a short five minutes-but the evidence of invasion is apparent to Acme\u27s IT employees when they come in to work the next morning. Nearly a year later, federal prosecutors bring suit in the federal district court against the person they believe to be the hacker. During the trial, several witnesses testify about the attack and its resulting damage. The only piece missing is the hacker\u27s identity. In order to prove this, the prosecution wishes to introduce the mainframe\u27s records of the attack, which document both the source of the invasion and the signature of the computer that conducted the entire event. A cursory check by computer specialists matched these records with the accused hacker\u27s personal computer. The prosecutors lay sufficient foundation to authenticate the records and then move to have them admitted into evidence. Objection! states the defense counsel. On what grounds? replies the judge. Hearsay, your Honor. The computer records the prosecution is attempting to introduce do not satisfy the business records exception under Federal Rule of Evidence 803(6). They were created in response to an attack, and were not maintained in the ordinary course of business. Consequently, they cannot be admitted under the Rules of Evidence and must be deemed inadmissible. The judge directs his attention to the prosecution. Counsel, are there any other exceptions these records fall under? No, your Honor. Objection sustained. This result may seem inequitable, but it is entirely possible given the current majority view on the nature of computer-generated records. This Note argues that the minority conception is the proper approach to judging computer-generated records\u27 admissibility. The minority approach recognizes the true nature of this type of record and is in accordance with the overall purposes of the Federal Rules of Evidence: accuracy and truth in the fact-finding process. Part I demonstrates that a distinction exists between computer-stored and computer-generated records. A majority of courts largely ignore this distinction despite contravening precedent from several state courts. Part II then explains why computer-generated records as opposed to computer-stored records-should not be considered hearsay because these records do not fit into the definition of hearsay and they do not present the normal dangers associated with such statements. Part III advocates a test by which judges can distinguish between these two types of records. This Part also suggests ways in which federal and state judiciaries can reform faulty precedent and avoid the likely obstacles that will arise in such an endeavor

Carrier confinement and bond softening in photoexcited bismuth films

Femtosecond pump-probe spectroscopy of bismuth thin films has revealed strong dependencies of reflectivity and phonon frequency on film thickness in the range of 25−40 nm. The reflectivity variations are ascribed to distinct electronic structures originating from strongly varying electronic temperatures and proximity of the film thickness to the optical penetration depth of visible light. The phonon frequency is redshifted by an amount that increases with decreasing film thickness under the same excitation fluence, indicating carrier density-dependent bond softening that increases due to suppressed diffusion of carriers away from the photoexcited region in thin films. The results have significant implications for nonthermal melting of bismuth as well as lattice heating due to inelastic electron-phonon scattering.United States. Office of Naval Research (Grant N00014-12-1-0530)National Science Foundation (U.S.) (Grant CHE-1111557

Microsimulation and Policy Analysis

We provide an overview of microsimulation approaches for assessing the effects of policy on income distribution. We focus on the role of tax-benefit policies and review the concept of microsimulation and how it contributes to the analysis of income distribution in general and policy evaluation in particular. We consider the main challenges and limitations of this approach and discuss directions for future developments

Updated guidance regarding the risk of allergic reactions to COVID-19 vaccines and recommended evaluation and management:A GRADE assessment and international consensus approach

This guidance updates 2021 GRADE (Grading of Recommendations Assessment, Development and Evaluation) recommendations regarding immediate allergic reactions following coronavirus disease 2019 (COVID-19) vaccines and addresses revaccinating individuals with first-dose allergic reactions and allergy testing to determine revaccination outcomes. Recent meta-analyses assessed the incidence of severe allergic reactions to initial COVID-19 vaccination, risk of mRNA-COVID-19 revaccination after an initial reaction, and diagnostic accuracy of COVID-19 vaccine and vaccine excipient testing in predicting reactions. GRADE methods informed rating the certainty of evidence and strength of recommendations. A modified Delphi panel consisting of experts in allergy, anaphylaxis, vaccinology, infectious diseases, emergency medicine, and primary care from Australia, Canada, Europe, Japan, South Africa, the United Kingdom, and the United States formed the recommendations. We recommend vaccination for persons without COVID-19 vaccine excipient allergy and revaccination after a prior immediate allergic reaction. We suggest against &gt;15-minute postvaccination observation. We recommend against mRNA vaccine or excipient skin testing to predict outcomes. We suggest revaccination of persons with an immediate allergic reaction to the mRNA vaccine or excipients be performed by a person with vaccine allergy expertise in a properly equipped setting. We suggest against premedication, split-dosing, or special precautions because of a comorbid allergic history.</p

Case Reports1. A Late Presentation of Loeys-Dietz Syndrome: Beware of TGFβ Receptor Mutations in Benign Joint Hypermobility

Background: Thoracic aortic aneurysms (TAA) and dissections are not uncommon causes of sudden death in young adults. Loeys-Dietz syndrome (LDS) is a rare, recently described, autosomal dominant, connective tissue disease characterized by aggressive arterial aneurysms, resulting from mutations in the transforming growth factor beta (TGFβ) receptor genes TGFBR1 and TGFBR2. Mean age at death is 26.1 years, most often due to aortic dissection. We report an unusually late presentation of LDS, diagnosed following elective surgery in a female with a long history of joint hypermobility. Methods: A 51-year-old Caucasian lady complained of chest pain and headache following a dural leak from spinal anaesthesia for an elective ankle arthroscopy. CT scan and echocardiography demonstrated a dilated aortic root and significant aortic regurgitation. MRA demonstrated aortic tortuosity, an infrarenal aortic aneurysm and aneurysms in the left renal and right internal mammary arteries. She underwent aortic root repair and aortic valve replacement. She had a background of long-standing joint pains secondary to hypermobility, easy bruising, unusual fracture susceptibility and mild bronchiectasis. She had one healthy child age 32, after which she suffered a uterine prolapse. Examination revealed mild Marfanoid features. Uvula, skin and ophthalmological examination was normal. Results: Fibrillin-1 testing for Marfan syndrome (MFS) was negative. Detection of a c.1270G > C (p.Gly424Arg) TGFBR2 mutation confirmed the diagnosis of LDS. Losartan was started for vascular protection. Conclusions: LDS is a severe inherited vasculopathy that usually presents in childhood. It is characterized by aortic root dilatation and ascending aneurysms. There is a higher risk of aortic dissection compared with MFS. Clinical features overlap with MFS and Ehlers Danlos syndrome Type IV, but differentiating dysmorphogenic features include ocular hypertelorism, bifid uvula and cleft palate. Echocardiography and MRA or CT scanning from head to pelvis is recommended to establish the extent of vascular involvement. Management involves early surgical intervention, including early valve-sparing aortic root replacement, genetic counselling and close monitoring in pregnancy. Despite being caused by loss of function mutations in either TGFβ receptor, paradoxical activation of TGFβ signalling is seen, suggesting that TGFβ antagonism may confer disease modifying effects similar to those observed in MFS. TGFβ antagonism can be achieved with angiotensin antagonists, such as Losartan, which is able to delay aortic aneurysm development in preclinical models and in patients with MFS. Our case emphasizes the importance of timely recognition of vasculopathy syndromes in patients with hypermobility and the need for early surgical intervention. It also highlights their heterogeneity and the potential for late presentation. Disclosures: The authors have declared no conflicts of interes

Killing off the dying? by Adam Wolfson

tag=1 data=Killing off the dying? by Adam Wolfson tag=2 data=Wolfson, Adam tag=3 data=Public Interest, tag=4 data=131 tag=6 data=Spring 1998 tag=7 data=50-70. tag=8 data=EUTHANASIA tag=10 data='An assisted suicide or assisted death has begun to become an apparently and increasingly accepted practice [in USA]. There are those who have advanced the merits of physician assisted suicide from a legal perspective. The cultural and political aspects of doctor-assisted as it manifests in society, and the kind of nation the US could potentially become if doctors were legally given the license to kill, are analysed and discussed.' Article taken from Inform June 1998. tag=13 data=CAB'An assisted suicide or assisted death has begun to become an apparently and increasingly accepted practice [in USA]. There are those who have advanced the merits of physician assisted suicide from a legal perspective. The cultural and political aspects of doctor-assisted as it manifests in society, and the kind of nation the US could potentially become if doctors were legally given the license to kill, are analysed and discussed.' Article taken from Inform June 1998