Legal Question in Technology Law in California
what is a virtual evidence in the american law including federal and state law?
1 Answer from Attorneys
The term "virtual evidence" apparently has never been used in any appellate decision by a court anywhere in the United States. "Virtual evidence" is discussed in the context of Bayesian networks, and therefore I'd say the term belongs in the realm of mathematics and logic, not law.
The closest connection between "virtual" and "evidence" in law is that a few cases have considered whether virtual photos could be evidence of pornography-related crimes, or whether only photos of real people could be considered pornography, etc. However, the two words are never juxtaposed into "virtual evidence" in any reported court case.
This is not to say that the concept of "virtual evidence" is impossible. I'm only saying that no reported court decision has mentioned it, to say nothing of giving us a discussion as to what it is, or might be.