41. consent to examine magnetic media

• In general, if there is consent to examine magnetic media, how should it be obtained, verbally or in writing? Why?

  • Written consent is almost always better than verbal consent

  • With written consent, there is clear proof of who gave consent, for what, and when.

  • This record can be critically important in court.

  • Verbal consent, even with witnesses, can be denied later on, but it is harder to deny a written consent.

• Why:

  • The scope of consent can be better documented in writing than verbally.

  • While both written and verbal consent can be reversed, the change-of-mind must be documented in the same form as it was first given:

    • written consent needs written reversal;

    • written reversal takes longer than verbally changing one's mind.