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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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Re: Good discussion re disclosure of digital evidence in the

Post Posted: Tue May 22, 2018 7:19 am

- watcher

Peter Sommer says around 10:14:40 that he's proposing making a copy of the forensic image available to the defense because exhaustive analysis is not possible. I'm surprised that this is not already common practice! I would expect any competent defense attorney in the U.S. to demand a full image copy for independent analysis. Exceptions would be if CP was involved, but even then a full image copy in a controlled environment, vice an uncontrolled duplicate, should still be obtained.


This is standard practice in the UK already. Every request I receive would include the forensic image files as a minimum  

minime2k9
Senior Member
 
 
  

Re: Good discussion re disclosure of digital evidence in the

Post Posted: Tue May 22, 2018 12:51 pm

I agree in full disclosure when it comes to the defendants own computer or phone but in the circumstances of a co-defendant or a victims computer the OIC or disclosure officer should review before giving it to the defence.
Anything that assists the defence should be disclosed.  

ludlowboy
Senior Member
 
 
  

Re: Good discussion re disclosure of digital evidence in the

Post Posted: Wed May 23, 2018 5:28 am

Hi,

Of course one of the issues with disclosing everything is most defendants won't even have their own expert.

I've been in digital forensics a long time and I don't think I've ever seen the market so short of experts doing work for the defence. There isn't enough money to make it viable.

The situation I am most used to now is how do I provide 'everything' to the solicitors in a format that they can use? This becomes even harder if the solicitors don't engage with the police and indicate what exhibits and what data may help their case.

Steve
_________________
Steve Falkner, Forensic Computer Examiner, London, UK 

steve862
Senior Member
 
 
  

Re: Good discussion re disclosure of digital evidence in the

Post Posted: Wed May 23, 2018 6:13 am

- steve862


I've been in digital forensics a long time and I don't think I've ever seen the market so short of experts doing work for the defence. There isn't enough money to make it viable.



...and the cost of ISO17025 will finish them off!  

rick_y
Newbie
 
 
  

Re: Good discussion re disclosure of digital evidence in the

Post Posted: Tue Jun 12, 2018 1:52 pm

www.bbc.co.uk/programmes/b0b5t824

This was on BBC Radio 4 this evening. Well worth a listen if you have not already. The majority of the discussion is about digital forensics.  

cooper9216
Newbie
 
 
  

Re: Good discussion re disclosure of digital evidence in the

Post Posted: Sun Jun 17, 2018 7:02 am

In addition to the oral evidence to the UK House of Commons Justice Select Commitee already referred to, here is myearlier written evidence.
goo.gl/YUXQfm

If rather than watching the tv version of the oral evidence you'd like a transcript, here it is:
data.parliament.uk/wri.../83096.pdf

I have also written a blog about the problems of "too much disclosure" in relation to rape trials:
pmsommer.blogspot.com/2018/05/

Some people have suggested that "AI" might provide solutions to disclosure/discovery: here are my comments:
pmsommer.blogspot.com/...solve.html

Finally, the perennial issue of accreditation. I have written about this before but here is pre-print of what is appearing in the academic journal Digital Investigation:
goo.gl/ynFUDd  

Peter_Sommer
Newbie
 
 
  

Re: Good discussion re disclosure of digital evidence in the

Post Posted: Sun Jun 17, 2018 10:48 am

- Peter_Sommer

If rather than watching the tv version of the oral evidence you'd like a transcript, here it is:
data.parliament.uk/wri.../83096.pdf


Thank you for the transcript, very interesting.


- Peter_Sommer

Some people have suggested that "AI" might provide solutions to disclosure/discovery: here are my comments:
pmsommer.blogspot.com/...solve.html



Can artificial intelligence solve the criminal disclosure problem?

No.
en.wikipedia.org/wiki/..._headlines

jaclaz
_________________
- In theory there is no difference between theory and practice, but in practice there is. - 

jaclaz
Senior Member
 
 

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