What procedures govern authentication of digital signatures used in official orders at trial?

The authentication of digital signatures on official orders at a court-martial is governed by the Military Rules of Evidence, particularly MRE 901 and 902. A digital signature used in a government system, such as one applied using a Common Access Card (CAC), is considered a form of self-authenticating document under MRE 902. This means that it is presumed to be authentic without the need for additional extrinsic evidence, as long as it appears to be from an official government system.

To introduce an official order with a digital signature, the prosecutor would simply present the document to the court. It is presumed to be authentic on its face because it is an official public document under seal or from a public authority. The burden would then shift to the defense to challenge its authenticity if they have a good-faith reason to believe the signature was forged or the document was altered.

A military defense attorney could challenge the authentication if they have evidence of a compromised system or a specific reason to doubt the signature’s validity. They could file a motion to have the document examined by a defense digital forensic expert. However, in the vast majority of cases, the authentication of a standard digital signature on an official military order is a routine matter. The defense will typically “stipulate” or agree to its authenticity to save time, unless there is a specific, credible reason to contest it.

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