Forensics, Credentials, and Law.

In the computer world, credentials have always been a little bit different from most other industries. Lawyers, Engineers, Teachers, Doctors, and similar professions have some sort of structured peer-reviewed and enforced system for distributing and maintaining credentials for the work that they do. It is a way of protecting people from illegitimate practice and giving them an avenue of redress should they experience any problems with a particular individual or entity.

Many professions within the computer industry umbrella do not have such credentialing bodies, especially within computer engineering and computer security. There are degrees, vendor and vendor-neutral certifications, however there is no such thing as the equivalent of a bar exam, or a license to practice. I believe that while this should not be necessary for most situations, however, if one is going to testify in a courtroom as an expert, they should have some sort of credentials to prove what they claim to know that aren’t possible to obtain with a credit card and a couple of hours taking a test online.

Enter UMG v. Lindor, a currently ongoing lawsuit with the defendent accused of illegal file-sharing. If you care to read the full details of the case, you can find them at a blog run by the law firm representing the accused: Recording Industry vs The People.

The deposition of the RIAA’s expert, Dr. Doug Jacobson of the Iowa State University, was made available online on Mar. 1. You can find the links to each part of the deposition at the above blog, or a text transcription of it available on Groklaw: Dr. Jacobson’s Deposition. Here is an easier to read version by Groklaw user “The Cornishman”: Dr. Jacobson’s Deposition, reformatted.

One of the most fascinating parts of this deposition, is where Dr. Jacobson is asked about his forensic and investigative methodology. From his answers, it would appear he has no methodology, and did not properly document his investigation. This is inexcusable, especially for something admitted in a court of law.

I have limited forensic experience, but from what I have done, I know that proper logging of every last detail is essential to preserving evidence, and the chain of custody associated with that evidence. If you contaminate your evidence, it becomes useless from a legal point of view.



Thank you for reading this post. You can now Leave A Comment (0) or Leave A Trackback.

Post Info

This entry was posted on Sunday, March 4th, 2007 and is filed under Forensics, News, Security.

You can follow any responses to this entry through the Comments Feed. You can Leave A Comment, or A Trackback.



Previous Post: Information resource tidbits »
Next Post: Professional Awakenings »

Read More

Related Reading:



Leave a Reply

Note: Any comments are permitted only because the site owner is letting you post, and any comments will be removed for any reason at the absolute discretion of the site owner.