Nigel Wilson was an invitation-only delegate and presenter at the recent Schloss Dagstuhl Conference, “Digital Evidence and Forensic Readiness”, at the Leibniz Center for Informatics, Germany.
Nigel’s presentation focussed on recent cases in Australia and New Zealand which demonstrate that digital evidence continues to present challenges at the pre-trial stage and also to give rise to significant admissibility concerns. Discovery protocols have also had both procedural and trial impact as has inadequate compliance with digital evidence procedures. Most importantly, the role of expert evidence (and the increasing role of digital experts) has been paramount. It is anticipated that future developments will involve issues arising from Australia’s implementation of the European Convention on Cybercrime, cloud computing and human rights (principally in relation to privacy). As a result of the adoption of international cybersecurity obligations in Australia, mutual assistance will be required by law enforcement agencies and industry to expedite the interception, real-time collection, access to, preservation and disclosure of digital evidence.
Nigel is a Senior Lecturer at the University of Adelaide Law School. He is the Course Co-ordinator of the undergraduate Evidence subject and of the Technology, Law and Society and the Insurance Law subjects in the Adelaide Law School Masters programme.