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Computer experts: expert witnesses in the face of information insecurity

More and more we hear that legal processes are being carried out where material computer evidence is requested as part of the components required to identify what really happened. In this context, as in the North American reality, the participation of the "computer expert witness" or what in our legal system we call "computer experts" or "experts in computer forensics" is necessary, according to article 236 of the Colombian Code of Criminal Procedure, Law 906 of 2004.

Following a series of reflections published by Bruce A. Olson, experienced lawyer and specialist in computer forensics, we will review some key considerations that "computer experts" must take into account to participate adequately in the development of hearings and trials where materials or computer components are presented.

A computer expert, according to the U.S. federal rules for handling evidence, is defined as "a qualified witness who, by his or her knowledge, skills, experience, training, or education, may testify or give an opinion on a technical, scientific, or specialized matter...", who is there to assist the jury and participants in the hearing in understanding the evidence and thus establish the clarity required to make decisions regarding the case study.

Consequently, the aforementioned federal rules detail the own requirements that must be considered in the opinion of the computer expert, such as: "1. The testimony must be based on the sufficiency of facts and data, 2. The testimony is the product of reliable principles and methods and finally 3. The witness has reliably applied the principles and methods to the facts of the case." Therefore, the computer expert qualifies as an accredited professional who using the scientific method is able to verify or not hypotheses or particular questions following the requirements of the scientific discipline; never to find the truth, which is something that escapes the method itself.

Complete content in original source BLOG IT-Insecurity

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