Downstream Competence Challenges and Legal/Ethical Risks in Digital Forensics

Forensic practice is an inherently human-mediated system, from processing and collection of evidence to presentation and judgment. This requires attention to human factors and risks which can lead to incorrect judgments and unjust punishments. For digital forensics, such challenges are magnified by the relative newness of the discipline and the use of electronic evidence in forensic proceedings. Traditional legal protections, rules of procedure and ethics rules mitigate these challenges. Application of those traditions better ensures forensic findings are reliable. This has significant consequences where findings may impact a person\u27s liberty or property, a person\u27s life or even the political direction of a nation. Conversely, a legal, procedural or ethical failure leads to a failure in the mission of the system of justice and of public security We examine this for digital forensics and outline a framework to mitigate the risk of a forensic and security failure

The Impact of Culture and Religion on Digital Forensics: The Study of the Role of Digital Evidence in the Legal Process in Saudi Arabia

This work contributes to the multi-disciplinary community of researchers in computer science, information technology and computer forensics working together with legal enforcement professionals involved in digital forensic investigations. It is focused on the relationship between scientific approaches underpinning digital forensics and the Islamic law underpinning legal enforcement. Saudi Arabia (KSA) is studied as an example of an Islamic country that has adopted international guidelines, such as ACPO, in its legal enforcement procedures. The relationship between Islamic law and scientific ACPO guidelines is examined in detail through the practices of digital forensic practitioners in the process of discovery, preparation and presentation of digital evidence for use in Islamic courts in KSA. In this context, the influence of religion and culture on the role and status of digital evidence throughout the entire legal process has been the main focus of this research. Similar studies in the literature confirm that culture and religion are significant factors in the relationship between law, legal enforcement procedure and digital evidence. Islamic societies, however, have not been extensively studied from this perspective, and this study aims to address issues that arise at both professional and personal levels. Therefore the research questions that this study aims to answer are: in what way and to what extent Islamic religion and Saudi culture affect the status of digital evidence in the KSA legal process and what principles the practitioners have to observe in the way they treat digital evidence in judicial proceedings. The methodology is based on a mixed-method approach where the pilot questionnaire identified legal professionals who come into contact with digital evidence, their educational and professional profiles. Qualitative methods included case studies, interviews and documentary evidence to discover how their beliefs and attitudes influence their trust in digital evidence. The findings show that a KSA judge would trust witnesses more than digital evidence, due to the influence of tradition, which regards justice and law to arise from the relationship between Man and God. Digital evidence, as it arises from the scientific method, is acceptable, but there is underlying lack of trust in its authenticity, reliability and credibility. In the eyes of the legal enforcement professionals working in all areas of the KSA legal process, acceptance of digital evidence in the KSA judicial system can best be improved if knowledge, education and skills of digital forensics specialists is improved also, so that they can be trusted as expert witnesses. This further shows the significance of KSA laws, regulations and education of digital forensic experts as the primary means for establishing trust in digital evidence. Further research following from this study will be focused on comparative studies of other Islamic non-Islamic legal systems as they adopt and adapt western guidelines such as ACPO to their religion, culture and legal systemsSaudi Cultural Bureau,London, U

The Legal Ethics of Real Evidence: Of Child Porn on the Choirmaster\u27s Computer and Bloody Knives under the Stairs

With little guidance from the Model Rules of Professional Conduct and continuing confusion on professional obligations, questions about engagement with real evidence continue to bedevil criminal defense lawyers, incite prosecutors, generate disputes, and attract judicial attention. Where should we draw that line between what is demanded by the professional duties of zealous advocacy and client confidentiality and what constitutes obstruction of justice? When may a document or object that could conceivably be relevant in some future investigation or proceeding be destroyed, altered, or removed? May a criminal defense lawyer take possession of evidence of a crime for purposes of analysis, even if forensic characteristics are altered? What should the lawyer do with real evidence afterward? May the lawyer ever retain real evidence without being accused of impeding access? May the lawyer return evidence to where it was found or to the person who delivered it? What advice should the lawyer give to the possessor? And what of the problem of material that may not merely be evidence but also may constitute contraband? This Article critically examines the law of real evidence under the search light of professional responsibility, attorney-client confidentiality, and the constitutional rights of criminal defendants

Guide to investigating business fraud

https://egrove.olemiss.edu/aicpa_guides/1354/thumbnail.jp

Essentials of forensic accounting

https://egrove.olemiss.edu/aicpa_guides/2728/thumbnail.jp

Application of Digital Forensic Science to Electronic Discovery in Civil Litigation

Following changes to the Federal Rules of Civil Procedure in 2006 dealing with the role of Electronically Stored Information, digital forensics is becoming necessary to the discovery process in civil litigation. The development of case law interpreting the rule changes since their enactment defines how digital forensics can be applied to the discovery process, the scope of discovery, and the duties imposed on parties. Herein, pertinent cases are examined to determine what trends exist and how they effect the field. These observations buttress case studies involving discovery failures in large corporate contexts along with insights on the technical reasons those discovery failures occurred and continue to occur. The state of the art in the legal industry for handling Electronically Stored Information is slow, inefficient, and extremely expensive. These failings exacerbate discovery failures by making the discovery process more burdensome than necessary. In addressing this problem, weaknesses of existing approaches are identified, and new tools are presented which cure these defects. By drawing on open source libraries, components, and other support the presented tools exceed the performance of existing solutions by between one and two orders of magnitude. The transparent standards embodied in the open source movement allow for clearer defensibility of discovery practice sufficiency whereas existing approaches entail difficult to verify closed source solutions. Legacy industry practices in numbering documents based on Bates numbers inhibit efficient parallel and distributed processing of electronic data into paginated forms. The failures inherent in legacy numbering systems is identified, and a new system is provided which eliminates these inhibiters while simultaneously better modeling the nature of electronic data which does not lend itself to pagination; such non-paginated data includes databases and other file types which are machine readable, but not human readable in format. In toto, this dissertation provides a broad treatment of digital forensics applied to electronic discovery, an analysis of current failures in the industry, and a suite of tools which address the weaknesses, problems, and failures identified

Application of Digital Forensic Science to Electronic Discovery in Civil Litigation

Following changes to the Federal Rules of Civil Procedure in 2006 dealing with the role of Electronically Stored Information, digital forensics is becoming necessary to the discovery process in civil litigation. The development of case law interpreting the rule changes since their enactment defines how digital forensics can be applied to the discovery process, the scope of discovery, and the duties imposed on parties. Herein, pertinent cases are examined to determine what trends exist and how they effect the field. These observations buttress case studies involving discovery failures in large corporate contexts along with insights on the technical reasons those discovery failures occurred and continue to occur. The state of the art in the legal industry for handling Electronically Stored Information is slow, inefficient, and extremely expensive. These failings exacerbate discovery failures by making the discovery process more burdensome than necessary. In addressing this problem, weaknesses of existing approaches are identified, and new tools are presented which cure these defects. By drawing on open source libraries, components, and other support the presented tools exceed the performance of existing solutions by between one and two orders of magnitude. The transparent standards embodied in the open source movement allow for clearer defensibility of discovery practice sufficiency whereas existing approaches entail difficult to verify closed source solutions. Legacy industry practices in numbering documents based on Bates numbers inhibit efficient parallel and distributed processing of electronic data into paginated forms. The failures inherent in legacy numbering systems is identified, and a new system is provided which eliminates these inhibiters while simultaneously better modeling the nature of electronic data which does not lend itself to pagination; such non-paginated data includes databases and other file types which are machine readable, but not human readable in format. In toto, this dissertation provides a broad treatment of digital forensics applied to electronic discovery, an analysis of current failures in the industry, and a suite of tools which address the weaknesses, problems, and failures identified

How to Use Litigation Technology to Prepare & Present Your Case at Trial October 27, 2021

Meeting proceedings of a seminar by the same name, held October 27, 2021