Australia IT has posted an article of a hacker who claims that judges and attorneys lack the literacy, even at a basic level, to understand the technical issues involved with such matters as computer crime:
COMPUTER forensics investigator Bryan Sartin says court systems are ill-equipped to understand e-crime, even at a basic level.
The article describes a case where a former employee got away with identity theft because counsel and the judge weren’t equipped with the knowledge that would have allowed them to see through the defendant’s lame excuse. This is relevant to us at Post Process because we run into the same lack of technical knowledge with regards to electronic discovery. The article concludes with Mr. Sartin stating:
We try to explain them in a very non-technical fashion so that prosecutors and defence attorneys can understand, but it can be very difficult.
“I think we’ll start to see more specialised cyber-forensics or cyber-type attorneys popping up who have the experience and skills to be able to do that.”
I agree, and am surprised the process has been as slow as it has been.