Downstream Competence Challenges and Legal/Ethical Risks in Digital Forensics

Forensic practice is an inherently human-mediated system, from processing and collection of evidence to presentation and judgment. This requires attention to human factors and risks which can lead to incorrect judgments and unjust punishments. For digital forensics, such challenges are magnified by the relative newness of the discipline and the use of electronic evidence in forensic proceedings. Traditional legal protections, rules of procedure and ethics rules mitigate these challenges. Application of those traditions better ensures forensic findings are reliable. This has significant consequences where findings may impact a person\u27s liberty or property, a person\u27s life or even the political direction of a nation. Conversely, a legal, procedural or ethical failure leads to a failure in the mission of the system of justice and of public security We examine this for digital forensics and outline a framework to mitigate the risk of a forensic and security failure