Forwarded From: Peter Sommer <hcornt_private> Seminar Announcement Proving Computer Crime: Admissibility, Experts and Presentation A Master Seminar LSE Computer Security Research Centre and QMW's Computer-Related Crime Research Centre Friday May 29 1998 Venue: Room A85, Clement Building, London School of Economics, Houghton Street, WC2A 2AE Computer evidence used to be limited to simple print-out. For many years now law enforcement officers have been seizing computers and data media, carrying out complex investigations and producing exhibits. Specialist forensic engineers are claiming to be able to recover lost and concealed material. The growth of bulletin boards and Internet websites has created problems of collecting offending files from remote sites. It is possible to monitor a wide range of activities as they take place on the Internet and other networks. Laws such as the Copyright Design and Patents Act 1988 and in particular the Computer Misuse Act 1990 with its emphasis on unauthorised access and unauthorised data modification have forced the criminal courts to consider the inner processes of computers as well as simple print-out. These issues have spread forward into the prosecution of other groups of offences, including fraud, forgery and pornography. A range of forensic procedures and practices, including the development of specialist imaging hardware, has grown up informally and has met with sporadic and inconsistent objections when presented before the courts. For lawyers the challenge is often to pick a difficult route through the complex rules distinguishing admissibility and probative value and to find ways in which juries can be helped to understand unfamiliar raw material and technical terminology. For prosecution and defence alike the recruitment of appropriate experts present difficulties of initial choice and continuing management; defence lawyers additionally have to be concerned with justifying the costs to the Legal Aid Board. The LSE's Computer Security Research Centre and QMW's Computer-Related Crime Research Centre are running a one-day Master Seminar to allow lawyers, law enforcement officers and experts to discuss the issues. It is hoped to give prosecutors and defenders an environment in which these key matters can be discussed in principle and away from the adversarial context of a trial. Each themed 45-minute session will be introduced by one or more individuals with specific experience but thereafter it is hoped that discussion will be extensive and open. The numbers of attendees will be restricted so that an appropriate seminar atmosphere can develop. It should be noted that this seminar is designed for experienced practitioners, lawyers and law enforcement officers; the organisers are considering the possibility of future training-orientated seminars for those new to the field. A summary of an illustrative case-study will be supplied to delegates to provide a focus for the day. 1. Introduction to the day's proceedings 2. Role of and instruction of experts What is the role of the expert? What are the differences in the roles of prosecution and defence experts in the English adversarial trial? At what stage should the police and defence solicitors engage experts, what attributes should they look for and how should they define the scope of the instructions? How should they continue to manage the scope of the instructions as matters progress to trial? Legal Aid issues. 3-4. Types of evidence, practical issues of collection, provenance and formal procedures How far is it possible to devise formal procedures for the handling of computer evidence, from seizure of computers and data media through to the production of print-outs as exhibits? What types of witness statements should be required in support? What steps are required to demonstrate proper working of a computer? How far can print-outs be edited in order to make them clearer to juries? What is the role of specialist disk imaging hardware? What techniques are appropriate to capturing data in transmission, or data held on remote computers? 5. Admissibility of Evidence What is the present state of the law of admissibility of evidence from computer systems? How is the law applied in practical situations? What is the role of the voir dire? What are the limits of the definitions of "document"? How far is forensically recovered material admissible? What will be the likely practical impact of the proposed reforms and in particular the proposed abolition of s 69 of the Police and Criminal Evidence Act 1984? Do special provisions for disclosure of evidence need to be made for computer-derived materials? 6. Court Presentation What particular issues arise in presenting highly complex technical material to a lay jury? What appropriate tricks of presentation exist for advocates? How do experts balance the need for simplicity and clarity in explanation against accuracy and completeness? How do experts avoid being asked to comment on ultimate issue? What are benefits and hazards of court-room demonstrations of computer processes and activities? 7. Matters for Officers of the Court Even when all of the technical matters are clearly understood and explained, there still remain questions of law and procedure which will be of major concern to Counsel and their instructing Solicitors. This session will address some of those questions, and will also widen the scope of the discussion to include issues which arise when evidence is obtained from and by the practices of foreign jurisdictions. Invited Participants Participants are expected to include: John Austen former Head of the Metropolitan Police Computer Crime Unit Simon Dawson former Crown Prosecutor, Coopers & Lybrand Forensic Accounting Dennis Jackson UK Computer Emergency Response Team Robert Jones QMW Alistair Kelman Barrister Peter Sommer LSE Ian Walden QMW However, if court engagements prevent the attendance of some speakers substitutes may be introduced. The seminar qualifies for 5 hours' of Law Society Continuing Professional Development Contacts: Tel: +44 171 975 5125 Fax +44 181 980 1079 Web pages: http://csrc.lse.ac.uk/csrc/evidsem.htm http://www.qmw.ac.uk/ crcrc/evidsem.htm Fee structure: Rates for booking prior to May 1 1998: regular attendance: £120 + vat = £141.00 law enforcement officers, sole practitioners £50 + vat = £58.75 Rates for booking after May 1 1998 regular attendance: £150 + vat = £176.25 law enforcement officers, sole practitioners £75 + vat = £88.13 Please send your completed booking form, together with a cheque for made payable to Queen Mary & Westfield College, to: Lorraine Mulpeter, Centre for Commercial Law Studies Queen Mary & Westfield College, Mile End Road, London E1 4NS Name: Position: Organisation: Address: Phone: Fax: Email: A VAT invoice will be issued upon receipt. All bookings carry a 50% cancellation charge under the terms outlined below. Cancellations and Substitutions: All bookings carry a 50% liability immediately after the booking has been made and up to 21 days before the conference date. There will be no refund for cancellations received 21 days or less prior to the conference. If any delegate is unable to attend a substitution may be made at any time. All substitutions and name changes must be made in writing by mail or fax. Indemnity: It may be necessary for reason beyond the control of the seminar organisers to change the content, timing, speakers or venue of the programme. Should the venue or speakers change for any reason outside the control of the seminar organisers, or the event be cancelled owing to act of terrorism or extreme weather conditions or industrial action, the seminar organisers shall endeavour to reschedule the event by the client hereby indemnifies and hold harmless from and against any and all costs, damages and expenses including attorney fees which are incurred by the client. -o- Subscribe: mail majordomot_private with "subscribe isn". Today's ISN Sponsor: Dimensional Communications (www.dim.com)
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