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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: Sat May 19, 2018 3:23 am

- pbeardmore
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.


Or perhaps, in some parts of the world, 'does not help me to win'.

Noted this some time ago: www.governing.com/gov-...rs%20to%20

I suspect there is a difference between adversarial judicial processes and inquisitorial/nonadversarial, but I'm not sure I've seen any studies of if it has any effects on disclosure.  

athulin
Senior Member
 
 
  

Re: Good discussion re disclosure of digital evidence in the

Post Posted: Sat May 19, 2018 12:10 pm

Also raised was the effect on a victim of 'disclosing everything'. Should a suspect on a rape or domestic abuse case have the entire contents of the victims phone available to them?  

minime2k9
Senior Member
 
 
  

Re: Good discussion re disclosure of digital evidence in the

Post Posted: Sun May 20, 2018 2:43 am

Under the Criminal Procedures Investigation Act it defines what is Sensitive Material. This includes ‘Material relating to the private life of a witness’. (Right to privacy under ECHR legislation).
The advice is that this type of material should Not be disclosed.
It seems that you are dammed if you do and dammed if you don’t!  

ludlowboy
Senior Member
 
 
  

Re: Good discussion re disclosure of digital evidence in the

Post Posted: Sun May 20, 2018 6:15 am

- ludlowboy
Under the Criminal Procedures Investigation Act it defines what is Sensitive Material. This includes ‘Material relating to the private life of a witness’. (Right to privacy under ECHR legislation).
The advice is that this type of material should Not be disclosed.
It seems that you are dammed if you do and dammed if you don’t!


Yes very good. Puts in mind what about privacy for those identifiable persons who are not witnesses and have no involvement with a case. Crikey! that would set a bad precedent if the defence expert starts roping into a case non-relevant persons just to make a point... That is meant in terms of less experienced individuals handling digital material and including it in a submitted report. Defence may well find they have to redact their own expert's report.
_________________
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

Post Posted: Sun May 20, 2018 9:07 am

- ludlowboy
Under the Criminal Procedures Investigation Act it defines what is Sensitive Material. This includes ‘Material relating to the private life of a witness’. (Right to privacy under ECHR legislation).
The advice is that this type of material should Not be disclosed.
It seems that you are dammed if you do and dammed if you don’t!


Does it specifically say witness and if so would this include victim? You'd hope so for the same reasons but still  

minime2k9
Senior Member
 
 
  

Re: Good discussion re disclosure of digital evidence in the

Post Posted: Sun May 20, 2018 1:12 pm

I believe there is no problem disclosing to a suspect what was found on their computer. The problems are:

what do you disclose from a victims computer?

What do you disclose to the co-defendant from the other suspects computer?

I think we need to point this out to the OIC and the decision should be theirs or in a major enquiry for the disclosure officer to decide.  

ludlowboy
Senior Member
 
 
  

Re: Good discussion re disclosure of digital evidence in the

Post Posted: Mon May 21, 2018 3:58 pm

An interesting video from my point of view which is: American, and newly retired hence the time to spend on this. Cool

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.

Around 10:35, the question revolves around the standard magic bullet wish, what new tool eliminates the need for understanding and knowledge? I saw that here all the time as well.

Around 10:46, "Can't get evidence from U.S. based companies." Most ironic as headline news here often complains the opposite.

Around 10:55, too much bureaucracy and not enough funding. Oh no, the UK is the same as the US!

The whole second panel, starting around 11:03, while interesting from a legal and social point of view, has nothing to do with digital forensics.  

watcher
Member
 
 

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