Digital evidence in cloud computing systems

Cloud computing systems provide a new paradigm to the distributed processing of digital data. Digital forensic investigations involving such systems are likely to involve more complex digital evidence acquisition and analysis. Some public cloud computing systems may involve the storage and processing of digital data in different jurisdictions, and some organisations may choose to encrypt their data before it enters the cloud. Both of these factors in conjunction with cloud architectures may make forensic investigation of such systems more complex and time consuming. There are no established digital forensic guidelines that specifically address the investigation of cloud computing systems. In this paper we examine the legal aspects of digital forensic investigations of cloud computing systems.     

Australian post-separation parenting on the smartphone: What’s ‘App-ening?

In recent years Australia has seen increasing use of digital technology including smartphones and with that, increasing development and availability of online family law resources including digital applications (‘apps’). However, the extent to which online resources are being used – and are considered useful – by those experiencing relationship separation has not so far been the focus of Australian empirical research. After first briefly examining digital developments in Australia more broadly, we draw on recent data from 35 separated parents across four states to explore use and utility of family law resources available on smartphones from a ‘consumer’ perspective, focusing on apps. Our analysis suggests a gap between what is available, and what is known about and used by separating parents.     

A review of quality procedures in the UK forensic sciences: What can the field of digital forensics learn?

With a reliance on the various forms of forensic science evidence in complex criminal investigations, the measures for ensuring its quality are facing increasing scrutiny. Improvements to quality management systems, to ensure both the robust application of scientific principles and the accurate interpretation and reporting of results, have arisen as a consequence of high-profile rebuttals of forensic science evidence, combined with process improvements driven by evaluation of current practice. These improvements are crucial to ensure validity of results as well as providing assurance for all those involved in the Criminal Justice System. This work first examines the quality management systems utilised for the examination and analysis of fingerprint, body fluid and DNA evidence. It then proceeds to highlight an apparent lack of comparable quality assurance mechanisms within the field of digital forensics, one of the newest branches of forensic science. Proposals are provided for the improvement of quality assurance for the digital forensics arena, drawing on the experiences of, and more well-established practices within, other forensic disciplines.     

The Role,Benefits, and Concerns of Digital Technology in the Family Justice System

Digitalization is increasing across family justice systems around the world. What are the benefits? What will be the impact on professional practice and legal representation? What are the concerns for those who may be digitally disadvantaged? How much can justice itself become digital?     

Structuring modern life running on software. Recognizing (some) computer programs as new “digital persons”

Saudi Arabia grants nationality to an AI robot; the first “clash of robots” took place in Japan; and, Bill Gates suggests that robots start paying taxes. We believe that these developments justify new legal fiction interventions. Software has long now exceeded the intellectual property boundaries. It is no longer merely property; it has assumed life of its own. It does not matter that such life is imaginary today. Legal persons were brought to life through legal fiction intervention that was based on much less motivation – merely the human incentive for profit. Software is certainly connected today with profit, given that the world's most valued corporations are software companies. However, it has moved much further than that, to assume in many ways artificial life of its own. We think that it is time that the dichotomy between natural and legal persons, that has served humanity so well over the past centuries, now be trisected: A new, digital person, ought to be added to it.     

Hyperlinking under the lens of the revamped right of communication to the public

For more than a decade now, the right of communication to the public has been developed and interpreted by the CJEU, leading to a complex set of criteria that must be analysed on a case-by-case basis. When confronted with the copyright status of hyperlinking, the Court built upon that background in a string of cases that ended up reshaping the traditional contours of the exclusive right. The practice of linking, an essential element of the Internet and a crucial tool for any online activity carried out by entities and individuals, is now affected by the new scope of the communication to the public right, with direct consequences on the liability hyperlinkers may incur. This article will examine the status of the Court's case law to provide insights that may facilitate its interpretation and application. It will consider in particular how hyperlinkers are exposed to liability and which duties of care result from the Court's approach. It will also examine how the new understanding of hyperlinks from a copyright perspective may be relevant in the context of the proposed Directive on Copyright in the Digital Single Market.     

“I couldn't find it your honour,it mustn't be there!” – Tool errors,tool limitations and user error in digital forensics

The field of digital forensics maintains significant reliance on the software it uses to acquire and investigate forms of digital evidence. Without these tools, analysis of digital devices would often not be possible. Despite such levels of reliance, techniques for validating digital forensic software are sparse and research is limited in both volume and depth. As practitioners pursue the goal of producing robust evidence, they face the onerous task of both ensuring the accuracy of their tools and, their effective use. Whilst tool errors provide one issue, establishing a tool's limitations also provides an investigatory challenge leading the potential for practitioner user-error and ultimately a grey area of accountability. This article debates the problems surrounding digital forensic tool usage, evidential reliability and validation.     

Digital identity – The legal person?

This paper examines the concept of digital identity which the author asserts is now evident in the United Kingdom as a consequence of the Identity Cards Act (UK) 2006 and the National Identity Scheme it establishes. The nature and functions of the concept, particularly the set of information which constitutes an individual's transactional identity, are examined. The paper then considers the central question of who, or what, is the legal person in a transaction i.e. who or what enters into legal relations. The analysis presents some intriguing results which were almost certainly not envisaged by the legislature. The implications extend beyond the United Kingdom to similar schemes in other jurisdictions, and to countries, like Australia, which may implement such a scheme.     

浅谈天津电子政务的现状及发展策略

电子政务是涉及技术、管理、组织和制度等层面的系统工程,建立完整的电子政务的体系和标准是打造“数字天津”,实现政府职能转变、节约行政成本、提高办公效率的有效途径。当前.天津电子政务建设中确实还存在一些共性问题。因此,我们应充分利用信息技术为行政管理造就“生态环境”和“作用空间”,将电子政务发展纳入良性循环之中。