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Sociology

Annual ADFSL Conference on Digital Forensics, Security and Law

2017

Articles 1 - 2 of 2

Full-Text Articles in Law

Downstream Competence Challenges And Legal/Ethical Risks In Digital Forensics, Michael M. Losavio, Antonio Losavio May 2017

Downstream Competence Challenges And Legal/Ethical Risks In Digital Forensics, Michael M. Losavio, Antonio Losavio

Annual ADFSL Conference on Digital Forensics, Security and Law

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 …


Defining A Cyber Jurisprudence, Peter R. Stephenson Phd May 2017

Defining A Cyber Jurisprudence, Peter R. Stephenson Phd

Annual ADFSL Conference on Digital Forensics, Security and Law

Jurisprudence is the science and philosophy or theory of the law. Cyber law is a very new concept and has had, compared with other, older, branches of the law, little structured study. However, we have entered the cyber age and the law - on all fronts - is struggling to keep pace with technological advances in cyberspace. This research explores a possible theory and philosophy of cyber law, and, indeed, whether it is feasible to develop and interpret a body of law that addresses current and emerging challenges in cyber space.

While there is an expanding discussion of the nature …