Spoliation of Digital Evidence: A Changing Approach to Challenges and Sanctions

Where the spoliation of digital evidence is so easily undetectable, and where antiforensic measures may be taken to forever prevent such detection, a party alleging spoliation will invariably run up against the argument offered by the alleged spoliator (or by the court) to the effect that such allegations are no more than mere conjecture or speculation, unsupported by facts. Moreover, pleas will be made to the court to take no action absent something approaching clear evidence of wrongdoing.