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Title: Gatekeeping Out Of The Box: Open Source Software As A Mechanism To Assess Reliability For Digital Evidence
Author: Erin Kenneally
Abstract: This article examines digital evidence reliability by first identifying and differentiating the two competing categories of software from which this evidence is derived: proprietary and Open Source. The next section explores the standards for software reliability in both the industrial marketplace and the legal arena. Specifically, the current standards are addressed in light of their value to industry and the law, as well as their respective historical origins This sets the stage for a reconciliation of standards for reliability as between industry and the courtroom. An outline of the legal approaches to reconciling digital evidence standards and the ensuing dangers of failing to scrutinize the source of the evidence supports the conclusion that the reliability of some digital evidence is not being properly addressed. Finally, this article will advocate the merits of Open Source software as a solution that facilitates the application of appropriate legal standards to novel evidence and helps bridge the gap between the law and industry in measuring reliability.
Website: http://www.vjolt.net/vol6/issue3/v6i3-a13-Kenneally.html
 


Title: Netherlands Forensic Institute develops and publishes open source software
Author: David Duijnmayer
Abstract: The Netherlands Forensic Institute (NFI) recently published its own software, TULP2G, under an open source license. The NFI had already published a software library called Rfile as open source software. The software that was developed by the NFI can now be used and developed further by other organizations. In addition, the reflection of third parties may enhance the quality of the software.
Website: http://europa.eu.int/ida/en/document/3675/470
 


Title: Open Source Digital Forensics Tools: The Legal Argument
Author: Brian Carrier
Abstract: This paper addresses open source digital forensic analysis tools and their use in a legal setting. To enter scientific evidence into a United States court, it must be reliable and relevant. The reliability is tested by applying Daubert guidelines. This paper examines the guidelines and shows that open source tools may more clearly and comprehensively meet the guidelines than closed source tools would.
Website: http://www.digital-evidence.org/papers/opensrc_legal.pdf