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Computer Evidence: presume nothing, trust no software or data, engage an expert

• Aug 25, 2022
• Latest Journal

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.

Such conflicts have indeed already arrived: in a recent article [1] I set out the substance of my sworn expert witness testimony given in a recent USA FINRA Arbitration.  This was for a dispute over use of Automated Decision Systems (ADS) by a major US fund management corporation to liquidate the investment position of a client, with heavy losses.  As the use of such ADS spreads widely, and courtroom battles follow, the costs of employing legal and computer experts in their resolution – in particular with regard to discovery of digital evidence and its presentation, explanation and validation in court – will be small compared with the profound financial impact of presuming that the automated functionality and operations of AI, and evidence derived from ADS, can be trusted as being reliable.

To read the complete article please click here.

Originally published in The Barrister magazine.

Author
Dr Stephen Castell
Dr Castell is internationally experienced in all aspects of IT/IP, computer, software, systems, telecommunications, broadcasting and internet disputes, as an independent consultant, expert witness, mediator, arbitrator and expert determiner.