Najataagihe wrote:
One possible advantage of RAW, which I have been unable to verify, is that RAW formats may the only ones admissible as evidence in a court of law, as “they can’t be manipulated without changing the format.”
Anyone know the truth of this assertion?
I have only read this on some legal fora, so it must be true, since I read it on the internet.
8)
If true, in-camera skills are even more important.
Even in film days, the photographer or darkroom tech enhanced images on prints, to make them more visible or readable. As long as the "negative" was preserved, for examination by opposing counsel if necessary, a "copy" (i.e. print) was considered admissible in almost all jurisdictions.
Federal rules of evidence suggest that files stored in their original formats are considered "originals" rather than duplicates. This goes for image files, in whatever native format they are shot and stored. Photos may be enhanced, but the nature and degree of enhancement must be authenticated by a qualified expert and the chain of custody of the image verified. In practice, this means that original RAW or other native format files should be preserved as "read only" files with the original metadata, which may then be examined by opposing counsel to authenticate or contest. Saving JPEG or other versions would be admissible, as long as the metadata shows any adjustments made in camera - e.g. changes in exposure or contrast, enhancement of color saturation, etc. Once a file has been re-saved in a lossy format, it is no longer considered an "original", so there is no longer an original available for evidence. When I was foreperson of a federal grand jury, we threw out evidence on a couple of cases on exactly these grounds, and that was about a decade ago, when digital imaging was still quite primitive. The basic principle is that the RAW/TIFF/JPEG recorded at the time and date that it is intended to be evidence must be preserved or any copies, images, enlargements, enhancements, etc. can be thrown out.
State rules vary, but I submit hard copy prints from JPEGs regularly in non-criminal code enforcement cases, and have never had them challenged. In theory, defense counsel could ask for the digital "original" and would need to see an original file from that date. If their experts were able to find even one save in a lossy format, that evidence could (in theory, at least) be tossed. Authentication is equally important - a photographer must be prepared to say "This is the original file and it has been in my possession since it was taken" as well as "Here is a copy (print, JPEG, whatever...) I personally made, with contrast enhanced and exposure lightened so you can see the features of the criminal's face better". But even that authentication statement can be shot down if you don't have the original file in unaltered condition.
So my basic advice to those shooters working with images that might be used as evidence is pretty simple:
Shoot and save in RAW.
Convert to Read Only immediately, or as soon as you know the photo may be used as evidence.
Maintain notes on what you do to the image, so that you can authenticate it in a courtroom.
Andy