Book Review
Published in ACT Law Society's June 2010 edition of Ethos
Book Review - Computer Forensics, Electronic Discovery & Electronic Evidence by Allison Stanfield. Lexis Nexis Butterworths Australia 2009
by: Paul Hynes: Special Counsel, Moray & Agnew. Adjunct Professor Technology & Communications Law, University of Canberra
The growth of the New Information Economy over the past decade has profoundly altered both the conceptual framework of the law and the practice of law. It is primarily the latter area which is the focus of this book.
Courts are increasingly relying on sophisticated IT infrastructure in the management of litigation, with court processes now including: e-filing of court documents; e-disclosure; and e-trials. Most recently, the Federal Court of Australia recognised these changes in its 2009 Practice Note 17 “The use of technology in the management of discovery and the conduct of litigation”.
The changes have been driven both by the efficiency of the new technologies in supporting the forensic process and by the massive growth in electronic documentation in the commercial world, where electronic documentation is now the standard.
Stanfield’s book is an extremely useful and timely one. It deals in plain language with the uses to which IT tools may be applied in the conduct of litigation. More importantly, it sets out clearly the technicalities which must be observed in dealing with electronic evidence.
The core of Stanfield’s book is in chapters 2 to 7. These chapters canvass the nature of computer forensics, electronic discovery and electronic evidence; the sources of electronic evidence; maintaining the integrity of electronic evidence; and the preparation for, and presentation of electronic evidence at, trial.
Stanfield is one of the founders of a privately owned company providing specialised services, including e-forensics and e-discovery to a number of large Australian Asian organisations. Stanfield’s book clearly reflects the extensive experience she has gained through the operation of this business.
While Stanfield’s book may appear to be somewhat specialised, its content is relevant not just to those who litigate but to all those interested in the impact of the New Information Economy on the law.