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Good discussion re disclosure of digital evidence in the UK

Computer forensics discussion. Please ensure that your post is not better suited to one of the forums below (if it is, please post it there instead!)
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Good discussion re disclosure of digital evidence in the UK

Post Posted: Wed May 16, 2018 10:38 am

Well worth a watch IMHO

goo.gl/w85FJ7  

pbeardmore
Senior Member
 
 
  

Re: Good discussion re disclosure of digital evidence in the

Post Posted: Thu May 17, 2018 8:27 am

Pat, I had watched it and found the discussion from all three presenters to be very interesting. Clearly, their working perspective is similar to others experiences; but it is the solutions being put forward as probable answers to existing problems that raise even more questions.

It does seem strange...

Where they stand:
(1) FSR has pushed for compulsory ISO17025 and that has public sector costs (e.g. tax payers money) associated with it.

(2) Law enforcement has to equally buy the forensic tools and other items to gather the evidence and that has public sector costs (e.g. tax payers money) associated with it.

(3) The system then falls down (as we learned from the discussion) as the analysis of the evidence isn't complete due to lack of money and staff time, etc.

What might become of it:
(4) The discussion raises the proposition, should the defence expert have all the digital material, which introduces the notion if evidence is missed or overlooked in a sea of terabytes of data who would be liable then? This is without the implied reduction in costs to defence experts?

(5) With all the terabytes of data to hand would the defence expert now have an obligation to the prosecution to act (pro-tempore) to bring evidence to the table that the prosecution missed to support their case? Would the defence expert be paid for that bifurcated obligation as well?
_________________
Institute for Digital Forensics (IDF) - www.linkedin.com/groups/2436720
Mobile Telephone Examination Board (MTEB) - www.linkedin.com/groups/141739
Universal Network Investigations - www.linkedin.com/groups/13536130
Mobile Telephone Evidence & Forensics trewmte.blogspot.com 

trewmte
Senior Member
 
 
  

Re: Good discussion re disclosure of digital evidence in the UK

Post Posted: Thu May 17, 2018 12:55 pm

- pbeardmore
Well worth a watch IMHO

goo.gl/w85FJ7


Agreed - many thanks for sharing.  

jamie
Site Admin
 
 
  

Re: Good discussion re disclosure of digital evidence in the

Post Posted: Thu May 17, 2018 2:26 pm

Also this from BBC in UK www.bbc.co.uk/programmes/b0b228hf  

dandaman_24
Senior Member
 
 
  

Re: Good discussion re disclosure of digital evidence in the

Post Posted: Fri May 18, 2018 3:49 am

Glad you found the link of interest.

My own position would be very similar to Peter Sommer's in disclosing everything (if requested). As soon as you go down the route of not disclosing everything, you are putting the prosecution in a very tricky position re their decision making process.

Part of the issue seems to be that disclosure is not built into either quality systems or the "mind set". A discloure list, bundle or set of drives should be building up as the investigation advances rather than a last minute "treasure hunt" to track things down.

Having said that, when you have multiple parties (conspiracy etc), then there are obvious issues re privacy and I honestly dont see any easy solutions with that.

On a wider note, I do wonder if (even on a subliminal level) , disclosure is seen as "helping the bad guys" and, therefore, does not get the focus it deserves. I dont want to sound preachy (is that a word?) but we should all think of ourselves on the same side in terms of establishing facts rather than a "them and us" culture. I have had cases where I have tracked down fragments of data that have helped greatly assisted the defence (whilst working for the prosecution) but I am just as pleased with the level of work. Not sure if this is the same within the Police?  

pbeardmore
Senior Member
 
 
  

Re: Good discussion re disclosure of digital evidence in the

Post Posted: Fri May 18, 2018 1:02 pm

Disclosing all digital evidence can have problems when there are multiple defendants. If a person has been charged on the basis of evidence found on a co-defendants computer how much of the data are they entitled to?  

ludlowboy
Senior Member
 
 
  

Re: Good discussion re disclosure of digital evidence in the

Post Posted: Fri May 18, 2018 1:32 pm

- ludlowboy
Disclosing all digital evidence can have problems when there are multiple defendants. If a person has been charged on the basis of evidence found on a co-defendants computer how much of the data are they entitled to?


Yes good point ludlowboy. Also some defence may not want this in cut throat defence cases
_________________
Institute for Digital Forensics (IDF) - www.linkedin.com/groups/2436720
Mobile Telephone Examination Board (MTEB) - www.linkedin.com/groups/141739
Universal Network Investigations - www.linkedin.com/groups/13536130
Mobile Telephone Evidence & Forensics trewmte.blogspot.com 

trewmte
Senior Member
 
 

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