September 12, 2008
Abstract
The increased involvement of computer technology and computer-resident evidence (80+% and rising) has a significant impact on most forensic engineering practice specialties. Specific recommendations and guidelines are provided to assist the forensic engineer in adapting their practice to this technology.
Trends showing involvement of computers and litigation
Modern life is increasingly dependant on computers & software – both obvious and hidden*.
Litigation examples:
- Evidence is largely computer-resident
- Most business operations have some computer dependency
- Personal lives are increasingly affected by dependable computer operations
Unique aspects of litigation involving computers & software
Typical computer issues in litigation:
- Volume of computer-resident evidence may require automated support.
- Key evidence is computer resident but may be deleted or fragmentary
- Engineering design and project history data may require specialized software
- Contractual requirements are frequently incomplete
- System performance expectations are usually unrealistic
Federal rules for Electronic Discovery **
Electronic evidence rules have been recently updated and are mandatory after 12/01/2006.
Establishing Standard-of-Care
- Expert may need to establish inter-disciplinary obligations for computer-intensive interfaces
- Proposed solution is to establish analogous engineering worst-case-design process as an implied standard.
Challenges and Opportunities for Forensic Engineers
- Finding the critical evidence in gigabytes (billions) of data
- Making technology issues understandable to the court
Discussion of recent cases
- Effective practices in managing discoverable working records
- Useful techniques when confronted with high-volume data – hard or soft copy
References:
- *Cosgrove, John D., Software Engineering and Litigation, Encyclopedia of Software Engineering, Volume 2, Second Edition, John Wiley & Sons, Inc. December 2002
- **Forensic Engineering as Affected by New Federal Rules, NAFE Annual Meeting, January, 2007
Presentation Material
- Exemplar Failed Sys Develop Opinion (Word)
- Exemplar Failed Sys Develop Supporting Analysis (Word)
- Software CSI (PowerPoint)
- FRs 16-45 EDiscovery Modifications (PDF)
Your Presenter: John Cosgrove, P.E. CDP, F-NAFE - Cosgrove Computer Systems Inc., has over forty-five years experience in software engineering and has been a self-employed, consulting engineer in the Los Angeles area since 1970. He is a charter member of the USC-sponsored Los Angeles Software Process Improvement Network (LASPIN) Steering Committee, a Life Senior Member of the IEEE and member of ACM, NSPE, National Academy of Forensic Engineers (Fellow), Forensic Expert Witness Association and American College of Forensic Examiners. In recent years, his consulting business has seen the demand for forensic engineering services increase significantly. He testified before the California Board of Registration for Engineers, arguing that software engineering should be added as an engineering specialty under the professional engineering laws. Additional publications and background information can be found at www.CosgroveComputer.com or contact the speaker at JCosgrove@computer.org .
Your Presenter: Mike Elliott began working with Java while at Sun Microsystems where he was initially involved in the porting of the Java Virtual machine to various embedded microprocessors. His work at Sun Microsystems soon grew to include the engineering involved in the use of Java in customers' embedded computer systems with real-time requirements. Mike is a long time practitioner of object-oriented programming starting with C++ but quickly moving on to Modula-3, Eiffel, Python and, especially, Java. He has utilized this experience in both management and engineering, having held positions in industry ranging from embedded systems programmer to Principal Engineer to Manager of Operations Software.
Mike has extensive experience in the teaching of programming and software engineering in industry and at the college and university level. He has been an invited speaker, presented papers, classes and tutorials at TOOLS Europe, The Embedded Systems Conference, The JDJ Edge Conference, The Coast Open-Source Software Techniques Conference, the Unix Users Association of Southern California and the Boeing Software Conference.
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Logistics
Location:Northrop Grumman E2 Presentation Center (in tall building off of Entrance 2), Redondo Beach, CA (formerly TRW) - 2299 Marine Ave., Redondo Beach, CA 90278
Directions: Take the 405 Inglewood exit (southbound it's the exit after Rosecrans East, northbound it's the exit just after Hawthorne) and go north on Inglewood Avenue (southbound, turn left at the end of the ramp, northbound, turn right). Turn left at Marine. Continue West under the freeway past the railroad tracks three lights to Simon Ramo Drive. E2 is on the tall white building to the LEFT, past the shorter presentation building. (See page 733 A5 of the Thomas Brothers Guide.)
Note: Parking may be a challenge on the cafeteria side because of set up for family days this weekend. It is strongly suggested that participants park on the East side (side of E1 opposite of the cafeteria).
Time: 9 a.m. - 12:00 noon
Admission: Free
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