Proposal / Submission Type
Peer Reviewed Paper
Location
Henderson Welcome Center
Start Date
16-5-2017 1:30 PM
Abstract
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's liberty or property, a person's 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.
Scholarly Commons Citation
Losavio, Michael M. and Losavio, Antonio, "Downstream Competence Challenges and Legal/Ethical Risks in Digital Forensics" (2017). Annual ADFSL Conference on Digital Forensics, Security and Law. 10.
https://commons.erau.edu/adfsl/2017/papers/10
Full Resolution File
Included in
Computer Law Commons, Forensic Science and Technology Commons, Information Security Commons, Social Control, Law, Crime, and Deviance Commons
Downstream Competence Challenges and Legal/Ethical Risks in Digital Forensics
Henderson Welcome Center
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's liberty or property, a person's 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.
Comments
View the agenda session- Afternoon Session 1- Digital Forensic Challenges and Tool Selection