468 䡲 Glossary of Terms
or all may not apply in any given case, but they are always the place to start the reliability analy-
sis. e factors are as follows:
1. Whether the theory or technique has been scientifi cally tested;
2. Whether the theory or technique has been subject to peer review or publication;
3. e (expected) error rate of the technique used;
4. Acceptance of the theory or technique in the relevant scientifi c community.
While the Daubert test is certainly more liberal than the older, Frye standard, it still allows
the exclusion of testimony where the court is convinced that the method used to support the
opinion is simply too poorly designed to be trustworthy.
Digital Forensics: e application of science to the ident