The Law Commission presumption concerning the dependability of computer evidence

We consider the condition set out in section 69(1)(b) of the Police and Criminal Evidence Act 1984 (PACE 1984) that reliance on computer evidence should be subject to proof of its correctness, and compare it to the 1997 Law Commission recommendation that acommon law presumption be used that a computer operated correctly unless there is explicit evidence to the contrary (LC Presumption). We understand the LC Presumption prevails in current legal proceedings. We demonstrate that neither section 69(1)(b) of PACE 1984 nor the LC presumption reflects the reality of general software-based system behaviour

Briefing Note: The legal rule that computers are presumed to be operating correctly – unforeseen and unjust consequences

The presumption that computers are reliable in England and Wales is proved to be wrong

Recommendations for the probity of computer evidence

There exists widespread misunderstanding about the nature of computers and how and why they are liable to fail. The present approach to the disclosure or discovery and evaluation of evidence produced by computers in legal proceedings is unsatisfactory. The central problem is the evidential presumption that computers are reliable. This presumption is not warranted. To this end, recommendations are proposed to rectify this problem with the aim of increasing the probability of a fair trial

The legal rule that computers are presumed to be operating correctly – unforeseen and unjust consequences

In England and Wales, courts consider computers, as a matter of law, to have been working correctly unless there is evidence to the contrary. Therefore, evidence produced by computers is treated as reliable unless other evidence suggests otherwise. This way of handling evidence is known as a ‘rebuttable presumption’. A court will treat a computer as if it is working perfectly unless someone can show why that is not the case. This presumption poses a challenge to those who dispute evidence produced by a computer system. Frequently the challenge is insurmountable, particularly where a substantial institution operates the system. The Post Office Horizon scandal clearly exposes the problem and the harm that may result. From 1999, the Post Office prosecuted hundreds of postmasters and Post Office employees for theft and fraud based on evidence produced by the Horizon computer system showing shortfalls in their branch accounts. In those prosecutions, the Post Office relied on the presumption that computers were operating correctly. Hundreds of postmasters and others were convicted, sentenced to terms of imprisonment, fined, or had their property confiscated. This clearly demonstrated that the Law Commission’s assertion that ‘such a regime would work fairly’ was flawed. In the December 2019 judgment in the group litigation Bates v The Post Office Ltd (No 6: Horizon Issues) Rev 1, Mr Justice Fraser concluded that it was possible that software errors in Horizon could have caused apparent shortfalls in branch accounts, rather than these being due to theft or fraud. Following this judgement, the Criminal Cases Review Commission referred an unprecedented number of convictions, based upon the supposed shortfalls in the Horizon accounts, to the Court of Appeal. Appeal courts have quashed more than 70 convictions at the time of writing. There will be many more appeals and many more convictions quashed in what is likely the largest miscarriage of justice in British history. Were it not for the group litigation, the fundamental unreliability of the software in the Post Office’s Horizon computer system would not have been revealed, as previous challenges to Horizon’s correctness were unable to rebut the presumption of reliability for computer evidence. The financial risk of bringing legal action deterred other challenges. Similar issues apply in other situations where the reliability of computer evidence is questioned, such as in payment disputes. The legal presumption, as applied in practice, has exposed widespread misunderstanding about the nature of computer failures – in particular, the fact that these are almost invariably failures of software. The presumption has been the cause of widespread injustice. There is a pressing requirement for the presumption to be re-evaluated to avoid the risk of further or continuing injustice. We propose that the presumption that computer evidence is reliable be replaced with a process where if computer evidence is challenged, a party must justify the correctness of the evidence upon which they rely. The proposed process, summarised below, requires the disclosure of documents that would already exist in any well-managed computer system. The procedural and evidential safeguards of the kind we propose would probably have avoided the disastrous repeated miscarriages of justice over the past 20 years

Probabilistic Model-Based Safety Analysis

Model-based safety analysis approaches aim at finding critical failure combinations by analysis of models of the whole system (i.e. software, hardware, failure modes and environment). The advantage of these methods compared to traditional approaches is that the analysis of the whole system gives more precise results. Only few model-based approaches have been applied to answer quantitative questions in safety analysis, often limited to analysis of specific failure propagation models, limited types of failure modes or without system dynamics and behavior, as direct quantitative analysis is uses large amounts of computing resources. New achievements in the domain of (probabilistic) model-checking now allow for overcoming this problem. This paper shows how functional models based on synchronous parallel semantics, which can be used for system design, implementation and qualitative safety analysis, can be directly re-used for (model-based) quantitative safety analysis. Accurate modeling of different types of probabilistic failure occurrence is shown as well as accurate interpretation of the results of the analysis. This allows for reliable and expressive assessment of the safety of a system in early design stages

Non-Local Configuration of Component Interfaces by Constraint Satisfaction

© 2020 Springer-Verlag. The final publication is available at Springer via https://doi.org/10.1007/s10601-020-09309-y.Service-oriented computing is the paradigm that utilises services as fundamental elements for developing applications. Service composition, where data consistency becomes especially important, is still a key challenge for service-oriented computing. We maintain that there is one aspect of Web service communication on the data conformance side that has so far escaped the researchers attention. Aggregation of networked services gives rise to long pipelines, or quasi-pipeline structures, where there is a profitable form of inheritance called flow inheritance. In its presence, interface reconciliation ceases to be a local procedure, and hence it requires distributed constraint satisfaction of a special kind. We propose a constraint language for this, and present a solver which implements it. In addition, our approach provides a binding between the language and C++, whereby the assignment to the variables found by the solver is automatically translated into a transformation of C++ code. This makes the C++ Web service context compliant without any further communication. Besides, it uniquely permits a very high degree of flexibility of a C++ coded Web service without making public any part of its source code.Peer reviewe

Consumer behaviour and the life-course: shopper reactions to self service grocery shops and supermarkets in England c.1947-1975

This is the author accepted manuscript. The final version is available from SAGE Publications via the DOI in this recordThe paper examines the development of self-service grocery shopping from a consumer perspective. Using qualitative data constructed through a nationwide biographical survey and oral histories, it is possible to go beyond contemporary market surveys which give insufficient attention to shopping as a socially and culturally embedded practice. The paper uses the conceptual framework of the life-course, to demonstrate how grocery shopping is a complex activity, in which the retail encounter is shaped by the specific interconnection of different retail formats with consumer characteristics and situational influences. Consumer reactions to retail modernization must be understood in relation to the development of consumer practices at points of transition and stability within the life-course. These practices are accessed by examining retrospective consumer narratives about food shopping

Smart technologies for personalized experiences: a case study in the hospitality domain

Recent advances in the field of technology have led to the emergence of innovative technological smart solutions providing unprecedented opportunities for application in the tourism and hospitality industry.With intensified competition in the tourism market place, it has become paramount for businesses to explore the potential of technologies, not only to optimize existing processes but facilitate the creation of more meaningful and personalized services and experiences. This study aims to bridge the current knowledge gap between smart technologies and experience personalization to understand how smart mobile technologies can facilitate personalized experiences in the context of the hospitality industry. By adopting a qualitative case study approach, this paper makes a two-fold contribution; it a) identifies the requirements of smart technologies for experience creation, including information aggregation, ubiquitous mobile connectedness and real time synchronization and b) highlights how smart technology integration can lead to two distinct levels of personalized tourism experiences. The paper concludes with the development of a model depicting the dynamic process of experience personalization and a discussion of the strategic implications for tourism and hospitality management and research

Developing Student Engagement in China Through Collaborative Action Research

As its market and society open up, China has transformed itself from a closed agrarian socialist economy to an urban state and an economic force. This has released accumulated tourism demand, led to the development of a diversified industry, and the spread of university and vocational courses in this field. However, the industry faces challenges to recruit and retain staff, with tourism education in higher education blamed for the shortfall in numbers and quality of candidates with suitable purpose, knowledge, and passion to serve. This chapter provides a background to the development of and problems facing tourism education in China, and suggests how to support student engagement and hence the future workforce