Computer Forensics and Electronic Discovery: Lessons learnt from the largest and most complex investigations in Australia
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Presented at AUScert 2008 by
Synopsis: The workshop is in two parts: (i) computer forensics and (ii) electronic discovery. Part 1: Whilst commentators have had much to say about the proper conduct of a computer forensic examination few examiners have actually been tested in the Courtroom. When it has happened, most have been unable to withstand the unrelenting attack of the well coached barrister’s cross-examination. However, the reality is that many examinations are conducted by frontline IT staff with little forensic training and their experience as an expert witness fashioned by television shows like CSI. This part of the workshop draws on the presenter’s experience coaching both prosecution and defence teams to prepare technical and investigative staff become better witnesses and in doing so, protecting themselves and their company. Part 2: Electronic discovery has come to be a common and exacting task performed either by legal professionals with little understanding of the organisation’s IT environment or IT staff with little appreciation for the importance their tasking. If not conducted properly the result could be, and often is, that the adversary is unwittingly given incriminating documents (i.e. the smoking guns) or worse, the organisation found liable for the adversary’s legal costs. In extreme cases, inpiduals can be criminally sanctioned for hiding or destroying evidence. Without the right preparation, electronic discovery is a costly endeavour. The presenter has worked on discoveries costing in excess of 2 million dollars and routinely costing between 200 and 500 thousand dollars. Independent studies show that properly conducted electronic discovery costs between 10% and 15% of the traditional (i.e. paper) undertaking. By examining critical decisions made in large or complex Australian cases, the presenter will help IT decision-makers understand how they can best prepare their organisation for litigation and how they can competently undertake an electronic discovery. Handout: Participants will be given a course manual that is some 75 pages. Format: ½ day workshop Other information: participants will be provided with a number of giveaways. These will be forensic software and hardware provided by vendors.