[ISN] UK Seminar: Proving Computer Crime

From: mea culpa (jerichot_private)
Date: Mon Apr 27 1998 - 00:26:29 PDT

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    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. 
    
    
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