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| July 2003 Volume 3 Edition 12
Note from the Editor:
This month OnlineSecurity is pleased to provide to you an in depth look at the practice
of computer forensics. All three authors provide a unique and critical perspective on
the real world application of computer forensics in litigation.
As always, we strive to highlight issues that arise at the confluence of law,
business, and technology. In future months, we will be highlighting issues in
security & corporate espionage, employment law, and intellectual property.
Please feel free to send your comments or articles submissions to the editor.
here .
5 Common Mistakes in Computer Forensics
Glen Hastings, OnlineSecurity
The statistics are familiar; 70% of all corporate data is stored electronically, 93% of new
data is stored electronically, and approximately 75% of this information is never printed.
Consequently, in almost every legal matter, critical and relevant evidence will be stored
electronically. Proper collection and examination of this evidence is critical to avoid
spoliation, to preserve the evidence, and to manage cost. Computer forensics is the
methodology to ensure that electronic evidence is properly handled, so that
it may maintain its evidentiary status. Nevertheless, for most attorneys,
computer forensics is still a relatively nascent discipline, and as they can
be unfamiliar with the nuances of the field, they may be prone to procedural
mistakes which will be quite costly.
This article discusses five costly procedural mistakes that are most commonly committed
by attorneys of all levels of expertise when conducting computer forensics investigations.
>>> read more ...
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Defending Against Junk Science Attacks
By Michael R. Anderson - President and Primary Founder of New Technologies, Inc.
It was an easier job back in the 1990's. Hard disk storage capacities were relatively
small and Computer Forensics Specialists were rarely challenged by opposing counsel.
It was great because almost anyone that could run a computer easily was qualified as
an expert witness. Back then most attorneys and judges were illiterate when it
came to computer technology and they seem convinced that the "best evidence"
was the printed final draft of a computer created document. However, that all
changed when civil litigation attorneys were forced to become more computer
savvy during the booming "Dot Com" years when theft of computer trade secrets was
commonplace. As a result, civil and criminal lawyers are now much more
experienced in dealing with computer evidence issues. Today, it is not uncommon
for lawyers to challenge the credentials and expertise of a computer forensics
specialist. That was unheard of in the 1990's. Also, "junk science attacks"
are now frequently used to challenge the admissibility of computer related
evidence prior to trial.
>>> read more ...
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Drilling-Down to the Truth from Computer Evidence
By Dr. Stephen Castell - Chairman, CASTELL Consulting
Disputes over failed software construction projects raise interlinked technical and legal
issues which are complex, costly, and time-consuming to unravel – whatever the financial
size of the claims and counterclaims, the facts and circumstances of the contract between
the parties, or the conduct of the software development. Software contracts are often terminated,
with the software rejected amidst a considerable range and variety of complaints expressed by
both supplier and customer. These include allegations of incomplete or inadequate delivery,
software or database errors, faulty design, operational or performance deficiencies,
shifting user or business requirement specifications, poor project management, delays and
cost over-runs.
>>> read more ...
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