Judges\u27 Awareness, Understanding, and Application of Digital Evidence

As digital evidence grows in both volume and importance in criminal and civil courts, judges need to fairly and justly evaluate the merits of the offered evidence. To do so, judges need a general understanding of the underlying technologies and applications from which digital evidence is derived. Due to the relative newness of the computer forensics field, there have been few studies on the use of digital forensic evidence and none about judges’ relationship with digital evidence. This paper describes a recent study, using grounded theory methods, into judges’ awareness, knowledge, and perceptions of digital evidence. This study is the first in the U.S. to examine judges and digital forensics, thus opening up a new avenue of research. It is the second time that grounded theory has been employed in a published digital forensics study, demonstrating the applicability of that methodology to this discipline. This paper describes the process of grounded theory, a high-level summary of results, and conclusions from the study. --from the articl

Judges\u27 Awareness, Understanding, and Application of Digital Evidence

As digital evidence grows in both volume and importance in criminal and civil courts, judges need to fairly and justly evaluate the merits of the offered evidence. To do so, judges need a general understanding of the underlying technologies and applications from which digital evidence is derived. Due to the relative newness of the computer forensics field, there have been few studies on the use of digital forensic evidence and none about judges’ relationship with digital evidence. This paper describes a recent study, using grounded theory methods, into judges’ awareness, knowledge, and perceptions of digital evidence. This study is the first in the U.S. to examine judges and digital forensics, thus opening up a new avenue of research. It is the second time that grounded theory has been employed in a published digital forensics study, demonstrating the applicability of that methodology to this discipline. This paper describes the process of grounded theory, a high-level summary of results, and conclusions from the study. --from the articl

Judges’ Awareness, Understanding, and Application of Digital Evidence

As digital evidence grows in both volume and importance in criminal and civil courts, judges need to fairly and justly evaluate the merits of the offered evidence. To do so, judges need a general understanding of the underlying technologies and applications from which digital evidence is derived. Due to the relative newness of the computer forensics field, there have been few studies on the use of digital forensic evidence and none about judges’ relationship with digital evidence. This paper describes a recent study, using grounded theory methods, into judges’ awareness, knowledge, and perceptions of digital evidence. This study is the first in the U.S. to examine judges and digital forensics, thus opening up a new avenue of research. It is the second time that grounded theory has been employed in a published digital forensics study, demonstrating the applicability of that methodology to this discipline. This paper describes the process of grounded theory, a high-level summary of results, and conclusions from the study

A case study of the challenges of cyber forensics analysis of digital evidence in a child pornography trial

Perfunctory case analysis, lack of evidence validation, and an inability or unwillingness to present understandable analysis reports adversely affect the outcome course of legal trials reliant on digital evidence. These issues have serious consequences for defendants facing heavy penalties or imprisonment yet expect their defence counsel to have clear understanding of the evidence. Poorly reasoned, validated and presented digital evidence can result in conviction of the innocent as well as acquittal of the guilty. A possession of child pornography Case Study highlights the issues that appear to plague case analysis and presentation of digital evidence relied on in these odious crimes; crimes increasingly consuming the time, resources and expertise of law enforcement and the legal fraternity. The necessity to raise the standard and formalise examinations of digital evidence used in child pornography seems timely. The case study shows how structured analysis and presentation processes can enhance examinations. The case study emphasises the urgency to integrate vigorous validation processes into cyber forensics examinations to meet acceptable standard of cyber forensics examinations. The processes proposed in this Case Study enhance clarity in case management and ensure digital evidence is correctly analysed, contextualised and validated. This will benefit the examiner preparing the case evidence and help legal teams better understand the technical complexities involved

Judges’ Awareness, Understanding, and Application of Digital Evidence

As digital evidence grows in both volume and importance in criminal and civil courts, judges need to fairly and justly evaluate the merits of the offered evidence. To do so, judges need a general understanding of the underlying technologies and applications from which digital evidence is derived. Due to the relative newness of the computer forensics field, there have been few studies on the use of digital forensic evidence and none about judges’ relationship with digital evidence.This paper describes a recent study, using grounded theory methods, into judges’ awareness, knowledge, and perceptions of digital evidence. This study is the first in the U.S. to examine judges and digital forensics, thus opening up a new avenue of research. It is the second time that grounded theory has been employed in a published digital forensics study, demonstrating the applicability of that methodology to this discipline.</p

Electronic Evidence and Electronic Signatures

In this updated edition of the well-established practitioner text, Stephen Mason and Daniel Seng have brought together a team of experts in the field to provide an exhaustive treatment of electronic evidence and electronic signatures. This fifth edition continues to follow the tradition in English evidence text books by basing the text on the law of England and Wales, with appropriate citations of relevant case law and legislation from other jurisdictions. Stephen Mason (of the Middle Temple, Barrister) is a leading authority on electronic evidence and electronic signatures, having advised global corporations and governments on these topics. He is also the editor of International Electronic Evidence (British Institute of International and Comparative Law 2008), and he founded the innovative international open access journal Digital Evidence and Electronic Signatures Law Review in 2004. Daniel Seng (Associate Professor, National University of Singapore) is the Director of the Centre for Technology, Robotics, AI and the Law (TRAIL). He teaches and researches information technology law and evidence law. Daniel was previously a partner and head of the technology practice at Messrs Rajah & Tann. He is also an active consultant to the World Intellectual Property Organization, where he has researched, delivered papers and published monographs on copyright exceptions for academic institutions, music copyright in the Asia Pacific and the liability of Internet intermediaries

Judges\u27 Awareness, Understanding, and Application of Digital Evidence

As digital evidence grows in both volume and importance in criminal and civil courts, judges need to fairly and justly evaluate the merits of the offered evidence. To do so, judges need a general understanding of the underlying technologies and applications from which digital evidence is derived. Due to the relative newness of the computer forensics field, there have been few studies on the use of digital forensic evidence and none about judges\u27 relationship with digital evidence. This study addressed judges\u27 awareness, knowledge, and perceptions of digital evidence, using grounded theory methods. The interaction of judges with digital evidence has a social aspect that makes a study of this relationship well suited to grounded theory. This study gathered data via a written survey distributed to judges in the American Bar Association and National Judicial College, followed by interviews with judges from Massachusetts and Vermont. The results indicated that judges generally recognize the importance of evidence derived from digital sources, although they are not necessarily aware of all such sources. They believe that digital evidence needs to be authenticated just like any type of evidence and that it is the role of attorneys rather than of judges to mount challenges to that evidence, as appropriate. Judges are appropriately wary of digital evidence, recognizing how easy it is to alter or misinterpret such evidence. Less technically aware judges appear even more wary of digital evidence than their more knowledgeable peers. Judges recognize that they need additional training in computer and Internet technology as the computer forensics process and digital evidence, citing a lack of availability of such training. This training would enable judges to better understand the arguments presented by lawyers, testimony offered by technical witnesses, and judicial opinions forming the basis of decisional law. A framework for such training is provided in this report. This study is the first in the U.S. to analyze judges and digital forensics, thus opening up a new avenue of research. It is the second time that grounded theory has been employed in a digital forensics study, demonstrating the applicability of that methodology to this discipline

Electronic Evidence: 4th Edition

This well-established practitioner text provides an exhaustive treatment of electronic evidence. The revised outline for the fourth edition will continue to follow the tradition in English evidence text books by basing the text on the law of England and Wales, with appropriate citations of relevant case law and legislation from other jurisdictions

Electronic Evidence and Electronic Signatures

In this updated edition of the well-established practitioner text, Stephen Mason and Daniel Seng have brought together a team of experts in the field to provide an exhaustive treatment of electronic evidence and electronic signatures. This fifth edition continues to follow the tradition in English evidence text books by basing the text on the law of England and Wales, with appropriate citations of relevant case law and legislation from other jurisdictions. Stephen Mason (of the Middle Temple, Barrister) is a leading authority on electronic evidence and electronic signatures, having advised global corporations and governments on these topics. He is also the editor of International Electronic Evidence, and he founded the innovative international open access journal Digital Evidence and Electronic Signatures Law Review in 2004. Daniel Seng (Associate Professor, National University of Singapore) is the Director of the Centre for Technology, Robotics, AI and the Law (TRAIL). He teaches and researches information technology law and evidence law. Daniel was previously a partner and head of the technology practice at Messrs Rajah & Tann. He is also an active consultant to the World Intellectual Property Organization, where he has researched, delivered papers and published monographs on copyright exceptions for academic institutions, music copyright in the Asia Pacific and the liability of Internet intermediaries