Event / Presentation Title

Downstream Competence Challenges and Legal/Ethical Risks in Digital Forensics-2017 ADFSL Conference

Proposal / Submission Type

Peer Reviewed Paper

Abstract

Digital forensic work is an inherently human-mediated system, from the initial processing and collection of evidence to the ultimate decision of the finder of fact for a final judgment. The constant presence of the human engagement in this continuum requires attention to the factors and risks which can lead to incorrect judgments and unjust punishments.

One indicator of issues are claims that this adversarial system failed where counsel failed to understand issues related to computer forensic evidence. We examine this via court opinions addressing challenges to competence in this area.

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Downstream Competence Challenges and Legal/Ethical Risks in Digital Forensics-2017 ADFSL Conference

Digital forensic work is an inherently human-mediated system, from the initial processing and collection of evidence to the ultimate decision of the finder of fact for a final judgment. The constant presence of the human engagement in this continuum requires attention to the factors and risks which can lead to incorrect judgments and unjust punishments.

One indicator of issues are claims that this adversarial system failed where counsel failed to understand issues related to computer forensic evidence. We examine this via court opinions addressing challenges to competence in this area.