EWJ FEB 59 2025 web - Flipbook - Page 37
wards_a_CryptoSure_Trust_Model_for_Crypto-economics_Blockchain_Versus_Trust_The_Expert's_Vie
w_of_the_Crypto_Scammers. DOI:10.1007/978-98133-6470-7_4
Paul Marshall, ‘The harm that judges do – misunderstanding computer evidence: Mr Castleton’s story, 17
Digital Evidence and Electronic Signature Law Review
(2020) 25-48
https://journals.sas.ac.uk/deeslr/article/view/5172 .
In book: Blockchain Technology and Innovations in
Business Processes (pp.49-65).
Editors: Srikanta Patnaik, Tao-Sheng Wang, Tao
Shen, Sushanta Kumar Panigrahi.
Part of the book series: Smart Innovation, Systems and
Technologies (SIST, volume 219) https://link.springer.
com/book/10.1007/978-981-33-6470-7.
Miscarriage of justice and legal advice
Flinders, K., 2024. ‘More than 900 subpostmaster
convictions wouldn’t have happened without Post Office-backed law change. IT expert says it cannot be
the case that computer evidence is treated as accurate
in court, without investigation into surrounding circumstance’, Computer Weekly, 18 Jan 2024.
https://www.computerweekly.com/news/366566755/M
ore-than-900-subpostmaster-convictions-wouldnthave-happened-without-Post-Office-backed-lawchange.
‘In order to move towards a CryptoSure regime,
systems based on blockchain and distributed ledger
technology have to give up the fiction of ‘consensus
trustless mechanisms’, and, if they are to provide socially and legally acceptable security, privacy and trust,
within the Rule of Law, have to accept the necessity of
a Trusted Third Party. ... The investment mania that
there has been for blockchain technology, with much
money having gone into bitcoin and other cryptocurrencies, blockchain, smart contracts and distributed
ledger technology, has been significantly fuelled by the
‘black cash’ of drug-dealers, money-launders, traffickers and the like. Crypto Dragons, the many and
varied Financial Disputes over Crypto Assets, have arrived, with legal actions mounted by those defrauded
increasing’.
Richard Moorhead, Karen Nokes and Rebecca Helm.
Independent Review, ‘Miscarriages of Justice, and
Computer Evidence: Brian Altman KC’s General Review and the Post Office Scandal’, 20 Digital Evidence
and Electronic Signature Law Review(2023) 96 – 119
https://journals.sas.ac.uk/deeslr/article/view/5643.
Christie, J., 2023. ‘Law Commission misrepresented
experts when it changed rule on computer evidence.
The Law Commission repeatedly quoted vague, armwaving, un-evidenced comments by judges who offered no insight into anything beyond their own
technical ignorance. The law change made miscarriages of justice inevitable’, Computer Weekly, 02 Nov
2023.
Articles dealing with the ‘reliability’ of computers
James Christie, ‘The Post Office Horizon IT scandal
and the presumption of the dependability of
computer evidence’, Digital Evidence and Electronic Signature Law Review 17 (2020) 49-70 https://journals.
sas.ac.uk/deeslr/article/view/5226.
https://www.computerweekly.com/opinion/Law-Commission-misrepresented-experts-when-it-changedrule-on-computer-evidence.
Peter Bernard Ladkin, ‘Robustness of software’
Digital Evidence and Electronic Signature Law Review 17
(2020) 15-24 https://journals.sas.ac.uk/deeslr/article/view/5171.
Dr Stephen Castell CITP CPhys FIMA MEWI MIoD,
2023. ‘Computer Evidence: presume nothing, trust
no software or data, engage an expert. Costly? Just
look at the cost if you don’t’, the Barrister Magazine, January 19, 2023.
Peter Bernard Ladkin, Bev Littlewood, Harold Thimbleby and Martyn Thomas CBE, ‘The Law Commission presumption concerning the dependability of
computer evidence’, 17 Digital Evidence and Electronic
Signature Law Review (2020) 1-14
https://journals.sas.ac.uk/deeslr/article/view/5143.
https://barristermagazine.com/computer-evidencepresume-nothing-trust-no-software-or-data-engagean-expert-costly-just-look-at-the-cost-if-you-dont/
‘Challenging the reliability of AI and other complex
multi-connected intelligent computer systems will become of fundamental importance as businesses and
society move rapidly towards a software-dominated,
algorithm-governed future. Increasingly ubiquitous
‘algo dependency’ is likely to result in a wide variety of
disputes, some of which will reach court, in which
computer evidence will critically feature. ... why
should there be any … presumption of the reliability
of computer evidence? ...’
Castell, S. (2018). ‘The future decisions of RoboJudge
HHJ Arthur Ian Blockchain: Dread, delight or derision?’, Comp. L. & Sci. Rev., August 2018, at 739-753
https://www.sciencedirect.com/science/article/abs/pii/S0
26736491830195X.
Articles dealing with the consequences when relying on
the ‘reliability’ of computers
James Christie, ‘The Post Office IT scandal – why IT
audit is essential for effective corporate governance’,
19 Digital Evidence and Electronic Signature Law Review(2022), 42-86
https://journals.sas.ac.uk/deeslr/article/view/5425.
Meddings, S., 2022. ‘Should those who sent the
sub-postmasters to prison now face court themselves?
Sub-postmasters were hounded for years, even after
doubts were raised over the IT evidence that convicted them. Despite this, their prosecutors remain unrepentant’, The Times, Saturday August 06 2022.
https://www.thetimes.co.uk/article/should-those-whosent-the-sub-postmasters-to-prison-now-face-courtthemselves-srdp8kjn6.
Paul Marshall, ‘Scandal at the Post Office: The Intersection of law, ethics and politics’, 19 Digital Evidence
and Electronic Signature Law Review (2022), 12-28
https://journals.sas.ac.uk/deeslr/article/view/5395.
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