http://www.cs.dartmouth.edu/~sergey/trusting-e-evidence.pdf

Software on the Witness Stand: What Should It Take for Us to Trust It?

Sergey Bratus1, Ashlyn Lembree2, Anna Shubina1 1        Institute for Security, 
Technology, and Society, Dartmouth College, Hanover, NH

2       Franklin Pierce Law Center, Concord, NH

1 Motivation

We discuss the growing trend of electronic evidence, created automatically by 
autonomously running software, being used in both civil and criminal court 
cases. We discuss trustworthiness requirements that we believe should be 
applied to such software and platforms it runs on. We show that courts tend to 
regard computer-generated materials as inherently trustworthy evidence, 
ignoring many software and platform trustworthiness problems well known to 
computer security researchers. We outline the technical challenges in making 
evidence-generating software trustworthy and the role Trusted Computing can 
play in addressing them.

This paper is structured as follows: Part I is a case study of electronic 
evidence in a “file sharing” copyright infringement case, potential 
trustworthiness issues involved, and ways we believe they should be addressed 
with state-of-the-art computing practices. Part II is a legal analysis of 
issues and practices surrounding the use of software-generated evidence by 
courts.

http://www.cs.dartmouth.edu/~sergey/trusting-e-evidence.pdf

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