Introduction to electronic evidence
Stephen Mason
Aims of the seminar

To define ‘electronic evidence’ and offer practical illustrations and examples of analogue and digital evidence.

*Simultane çeviri hizmeti verilecektir.

28 Ocak 2012 Cumartesi* An introduction into digital evidence

* Presumptions about computers

* Electronic Signatures

* The anatomy of a failure

* Laying the foundations for the admissibilitiy and assessment of digital evidence

* The challenges posed by electronic evidince in criminal, civil and execution cases

Introduction to electronic evidence
Stephen Mason
Aims of the seminar

1-) To define ‘electronic evidence’ and offer practical illustrations and examples of analogue and digital evidence.

2-) To recognize and illustrate the importance of awareness and knowledge of the nature of digital evidence in respect of the substantial legal and procedural issues in legal proceedings, and to appreciate that failing to challenge false assumptions can lead to a miscarriage of justice (to include the admissibility and interception of electronic evidence and the role of judges in assessing and evaluating electronic evidence, including a comparative perspective).

3-) To identify some of the practical problems that judges have to deal with, in both criminal and civil proceedings, and by doing so, to evaluate what judges can do to further their own knowledge on an individual basis, and what further actions may be necessary by the members of the judiciary collectively (to include the role of the digital evidence specialist, the safe keeping of electronic evidence, and how such evidence is collected, investigated and seized).Audience
Judges and lawyers
Level of knowledge of attendees
No knowledge is necessary, but if attendees have a good knowledge, please expect to share experiences.

09:00 – 09:30Registration
09:30 – 10:15An introduction into digital evidence
Digital evidence is now ubiquitous – even if you do not have a computer, mobile telephone, cash card, credit card or any other computer-like device, your data and information about you is stored in computers, sometimes across the world.
Outline of the characteristics of digital evidence and how lay people (judges, lawyers) can easily misunderstand the evidence, which can lead to reaching the wrong decision and the effect that can have on the public’s perception of the law.
Definition of electronic evidence
Difference between analogue and digital evidence
Concept of ‘original’ in digital evidence
Forms of evidence and how they relate to digital evidence
10:15 – 11:30Characteristics of digital evidence
Dependence on machinery and software
Mediation of technology
Speed of change
Volume and replication
Metadata
Storage media
Deletion and destruction of evidence
Clocks
11:30 – 12:00Presumptions about computers
12:00 – 12:30Electronic Signatures
12:30 – 13:30Lunch
13:30 – 14:45The anatomy of a failure
Using a real case to illustrate what can go wrong (this is a criminal case and the fact may not accurately reflect what might occur in a civil case, but the facts of the case and the mistakes made render it an important case for all judges and lawyers):
the decisions to charge
the failure in procedure
errors at trial
failures of the defence
failures of the prosecution
unfairness of a prejudicial nature
This is an exercise that we will ask everybody to take part in.
14:45 – 15:30Laying the foundations for the admissibility and assessment of digital evidence
Admissibility and weight of digital evidence.
15:30 – 16:00Break
16:00 – 16:45The challenges posed by electronic evidence in criminal, civil and execution cases
Criminal matters: defence having copy of the hard disk; advanced knowledge of the case against them.
Civil matters: destruction of evidence (inadvertent and deliberate); the task and costs of searching computers and computer-like devices; urgent search and seizure orders; relevance of article 6 of the European Convention of Human Rights.
Considerations relating to big organizations and how they deal with the seizure of digital evidence in-house.
Including mobile telephone forensics, remote forensic tools and trusted computing.
16:45 – 17:20Discussion

 

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