“Digital Integrity”: Defending the Judicial Integrity in the Digital Age

Authors

Guy Alon
Doron Menashe
Guy Itzhak Sender

Abstract

Recent revelations have shown that the protection of the Fourth Amendment in the digital age is inadequate. Despite well-known exclusionary rules regarding evidence obtained by illegal search and seizure, current trends in the digital age and the law of evidence resulted in courts that tend to include such evidence, and by doing so, create significant risk of both substantive and procedural errors and hence increase the potential for wrongful convictions. To address the matter and try to empower and modernize the protection given by the Fourth Amendment, this article suggests performing a revolution in the law of evidence in the digital age by establishing the “Digital Integrity” doctrine. Our proposed solution for “Digital Integrity” suggests using the fundamental principle of judicial integrity as a measure to implant fairness and equality in the criminal proceeding in three different aspects, regarding (1) knowledge, (2) education, and (3) symmetry of the proceeding. The adoption of “Digital Integrity" shall reduce the scope of Fourth Amendment violations, adapt it to the digital age, and therefore protect the innocent from wrongful convictions.

Recommended Citation

Alon, Guy; Menashe, Doron; and Sender, Guy Itzhak (2025) "“Digital Integrity”: Defending the Judicial Integrity in the Digital Age," Touro Law Review: Vol. 40: No. 1, Article 3.
Available at: https://digitalcommons.tourolaw.edu/lawreview/vol40/iss1/3