The defence of hacking (sometimes referred to as the "Trojan Horse Defence" or the "SODDI Defence", Some Other Dude Did It Defence) is prevalent in computer cases and a challenge for those working in the criminal justice system. Historical reviews of cases have demonstrated the defence operating to varying levels of success. However, there remains an absence in academic literature of case studies of how digital forensics investigators can address this defence, to assist courts in acquitting the innocent and convicting the guilty. This case study follows the case of R v F where a defendant asserted this defence and the author worked alongside a police investigator to investigate the merits of the defence and bring empirical evidence before the jury. As the first case study of its kind, it presents practical lessons and techniques for digital forensic investigators.
翻译:在计算机犯罪案件中,黑客行为抗辩(有时被称为“特洛伊木马抗辩”或“SODDI抗辩”,即“他人所为抗辩”)普遍存在,对刑事司法系统工作者构成挑战。历史案例研究表明,该抗辩在不同程度上取得了成功。然而,学术文献中仍缺乏关于数字取证调查人员如何应对此类抗辩的案例研究,以协助法庭无罪释放无辜者并定罪有罪者。本案例研究追踪R v F案,其中被告提出该抗辩,作者与警方调查员合作,评估抗辩的有效性并向陪审团提供实证证据。作为此类研究的首个案例,它为数字取证调查人员提供了实践经验和实用技术。