DOWNSTREAM COMPETENCE CHALLENGES AND LEGAL/ETHICAL RISKS IN DIGITAL FORENSICS

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...

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Bibliographic Details
Published in:Proceedings of the Conference on Digital Forensics, Security and Law Security and Law, 2017-01, p.167-178
Main Authors: Losavio, Michael M, Losavio, Antonio
Format: Article
Language:English
Subjects:
Computer forensics
Criminal justice
Criminal law
Ethics
Supreme Court decisions
Online Access:Get full text
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Summary: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.
ISSN:1931-7379
1931-7387