Bilişim Hukuku İngilizce Programı

  • 1.Program
  • Eğitmen
  • Program Afişi


*Simultane çeviri hizmeti verilecektir.

28 Ocak 2012 Cumartesi

* An introduction into digital evidence

* Presumptions about computers

* Electronic Signatures

* The anatomy of a failure

* Laying the foundations for the admissibilitiy and assessment of digital evidence

* The challenges posed by electronic evidince in criminal, civil and execution cases

Introduction to electronic evidence
Stephen Mason
Aims of the seminar

1-) To define ‘electronic evidence’ and offer practical illustrations and examples of analogue and digital evidence.

2-) To recognize and illustrate the importance of awareness and knowledge of the nature of digital evidence in respect of the substantial legal and procedural issues in legal proceedings, and to appreciate that failing to challenge false assumptions can lead to a miscarriage of justice (to include the admissibility and interception of electronic evidence and the role of judges in assessing and evaluating electronic evidence, including a comparative perspective).

3-) To identify some of the practical problems that judges have to deal with, in both criminal and civil proceedings, and by doing so, to evaluate what judges can do to further their own knowledge on an individual basis, and what further actions may be necessary by the members of the judiciary collectively (to include the role of the digital evidence specialist, the safe keeping of electronic evidence, and how such evidence is collected, investigated and seized).

Audience
Judges and lawyers
Level of knowledge of attendees
No knowledge is necessary, but if attendees have a good knowledge, please expect to share experiences.

09:00 – 09:30

Registration

09:30 – 10:15

An introduction into digital evidence
Digital evidence is now ubiquitous – even if you do not have a computer, mobile telephone, cash card, credit card or any other computer-like device, your data and information about you is stored in computers, sometimes across the world.
Outline of the characteristics of digital evidence and how lay people (judges, lawyers) can easily misunderstand the evidence, which can lead to reaching the wrong decision and the effect that can have on the public’s perception of the law.
Definition of electronic evidence
Difference between analogue and digital evidence
Concept of ‘original’ in digital evidence
Forms of evidence and how they relate to digital evidence

10:15 – 11:30

Characteristics of digital evidence
Dependence on machinery and software
Mediation of technology
Speed of change
Volume and replication
Metadata
Storage media
Deletion and destruction of evidence
Clocks

11:30 – 12:00

Presumptions about computers

12:00 – 12:30

Electronic Signatures

12:30 – 13:30

Lunch

13:30 – 14:45

The anatomy of a failure
Using a real case to illustrate what can go wrong (this is a criminal case and the fact may not accurately reflect what might occur in a civil case, but the facts of the case and the mistakes made render it an important case for all judges and lawyers):
the decisions to charge
the failure in procedure
errors at trial
failures of the defence
failures of the prosecution
unfairness of a prejudicial nature
This is an exercise that we will ask everybody to take part in.

14:45 – 15:30

Laying the foundations for the admissibility and assessment of digital evidence
Admissibility and weight of digital evidence.

15:30 – 16:00

Break

16:00 – 16:45

The challenges posed by electronic evidence in criminal, civil and execution cases
Criminal matters: defence having copy of the hard disk; advanced knowledge of the case against them.
Civil matters: destruction of evidence (inadvertent and deliberate); the task and costs of searching computers and computer-like devices; urgent search and seizure orders; relevance of article 6 of the European Convention of Human Rights.
Considerations relating to big organizations and how they deal with the seizure of digital evidence in-house.
Including mobile telephone forensics, remote forensic tools and trusted computing.

16:45 – 17:20

Discussion

 

Stephen MASON International Electronic Evidence (Uluslararası Dijital Deliller Kitabının yazarı)

http://www.stephenmason.eu/
My name is Stephen Mason. I am a barrister (sole practitioner) and an accredited mediator. I was called to the Bar by the Honourable Society of the Middle Temple in November 1988. I am registered with the Bar Standards Board of England and Wales.

BA (Hons) (History and Educational Philosophy), MA, LLM, PGCE (FE)

The range of work and my contact details are listed here

I am the general editor of:

Electronic Evidence (LexisNexis Butterworths, 2010)

International Electronic Evidence (British Institute of International and Comparative Law, 2008)

I am the author of

Electronic Signatures in Law (3rd edition, Cambridge University Press, 2012)

I am the founder, general editor and publisher of the Digital Evidence and Electronic Signature Law Review

I undertake training for members of the judiciary and lawyers in electronic evidence, and also provide seminars for the IT industry and provide in-house seminars to Board members. I also give lectures for academic institutions, speak at conferences and take part in and help to run events on digital evidence.

I undertake work for the Bar Pro Bono Unit

The Institute of Advanced Legal Studies have confirmed that I am an Associate Research Fellow for the 2011-2012 academic year.

I am a member of:

IT Panel of the General Council of the Bar of England and Wales
Society for Advanced Legal Studies
Society of Authors
tScheme Limited ( (tScheme is the national body responsible for accreditation and supervision referred to in Article 3(4) of the EU electronic signature Directive) (I was invited to be an independent member of the Board of Directors in 2009)
Association of Ammunition Technicians

I have written an espionage novel dealing with cyber reality and physical reality entitled ‘The World’s a Minefield’ (under the nom de plume Felix M Temple).

Disclaimer

The information and any commentary on the law contained on this web site is provided free of charge for information purpose only. Every reasonable effort is made to make the information and commentary accurate and up to date, but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by me. The information and commentary does not, and is not intended to, amount to legal advice to any person on a specific case or matter. You are strongly advised to obtain specific, personal advice from a lawyer about your case or matter and not to rely on the information or comments on this site.