PRECEPT-4-Justice: A bias-neutralising framework for digital forensics investigations

Renaud, Karen; Bongiovanni, Ivano; Wilford, Sara; Irons, Alastair

doi:10.1016/j.scijus.2021.06.003

Cited by 6 publications

(8 citation statements)

References 46 publications

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“…Questions about the utility of a zemiological approach here also feed directly into those around the aetiology of the harms. Prima facie, in the SPMs case, the most obvious causes of the errors lie in investigative and prosecution failings, not least the wholly inadequate evidence base (Renaud et al., 2021; UCL Laws, 2021). What legal scholars have called ‘ factual innocence’ (Risinger & Risinger, 2013) obtained in the case – that is, the prosecuted individuals concerned were (in fact) not guilty of the frauds for which they were prosecuted.…”

Section: Zemiological Gaps – Technological Injustice Lensmentioning

confidence: 99%

Harm, injustice & technology: Reflections on the UK's subpostmasters’ case

McGuire

Renaud

2023

Howard J Crime Justice

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One of the more striking recent miscarriages of justice was perpetrated by the UK's Post Office when subpostmasters and subpostmistresses were prosecuted for fraud that actually arose from malfunctioning software. Over 700 were victimised, losing homes and livelihoods. We first use a zemiological lens to examine the harms caused by these events at both a first and second‐order range – referred to as ‘ripples’. Yet, the zemiological analysis, while useful in identifying the personal harms suffered by postmasters, is less successful in associating with some of the wider costs – especially to the justice system itself. Additional tools are required for identifying how technology might be culpable in the damage that unfolded. We use a technological injustice lens to augment the zemiological analysis, to reveal how and why technology can harm, especially when appropriate checks and balances are missing, and naïve belief in the infallibility of technological solutions prevails.

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Section: Zemiological Gaps – Technological Injustice Lensmentioning

confidence: 99%

Harm, injustice & technology: Reflections on the UK's subpostmasters’ case

McGuire

Renaud

2023

Howard J Crime Justice

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“…21 If we define human rights as universal moral rights, then, as J. Tasioulas writes, they are constantly under pressure both in our understanding of them and in our success in upholding them. 22 Criticising the uncertainty of the very concept of human rights, J. Dwyer believes that it is necessary to dwell on the concept of rights 'that is optimal on normative grounds' . 23 Such revision attempts underscore the fact that human rights do not fit into the existing framework, neither in terms of theoretical understanding nor in terms of effective protection.…”

Section: Human Rights Under the Influence Of Digital Technologies: Fu...mentioning

confidence: 99%

“…For instance, a study that examined the Office Horizon IT case showed that 'unquestioning belief in the veracity of softwaregenerated evidence led to a decade of wrongful convictions' . 47 Remarkably, a mistake in technology in the digital era may magnify injustice many times over.…”

Section: Artificial Intelligence and Expanding The Range Of Fundament...mentioning

confidence: 99%

The Concept of Human Rights in the Digital Era/ Changes and Consequences for Judicial Practice

Razmetaeva¹,

Barabash²,

Lukianov³

2022

AJEE

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The digital age has led to conceptual changes in human rights and their content, understanding, implementation, and protection. Discussions about expanding the range of both addressees and subjects of human rights are a consequence and, at the same time, a breeding ground for change. New challenges for rights related to technological development, the increasing influence of companies and organisations, the growing use of solutions based on artificial intelligence, and the habit of relying on such solutions have led to the need for a substantial revision of such aspects as the content of individual rights and their catalogue, the definition of the fourth generation of rights as bio-information, and the clarification of the concept of digital rights. Digitalisation, which in a broad sense represents the legal, political, economic, cultural, social, and political changes caused by the use of digital tools and technologies, covers the private and public spheres, revives our understanding of and research into human rights in a horizontal dimension, and influences the revision of their anthropological foundations. The general philosophical framework of this research consisted of axiological and hermeneutic approaches, which allowed us to conduct a value analysis of fundamental human rights and changes in their perception, as well as to apply in-depth study and interpretation of legal texts. The study also relied on the comparative law method in terms of comparing legal regulation and law enforcement practice in different legal systems. The method of legal modelling was used to highlight the bio-information generation of human rights as the fourth generation of rights, as well as some scientific predictions in the field of human rights. The article argues that it is necessary to change our approach to human rights in the digital era, to widen the circle of addressees of human rights obligations to include companies and organisations, and to be ready potentially recognise artificial intelligence as a subject in public relations and fundamental rights. The term ‘spectrum of algorithm-based digital technologies’ is proposed, which can more accurately describe those phenomena that are covered by the synonymous terms ‘artificial intelligence’ and ‘algorithm’. The article proposes to consider digital rights in three dimensions, as well as to take into account the subtle structural consequences of changing the concept of human rights in the digital era for judicial practice.

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“…Indeed, the latest manifestation of this kind of denial occurred in the Post Office case in the UK (Renaud et al. 2021 a). Over the course of two decades, the Horizon software rolled out by the UK’s Post Office generated phantom transactions, and the Post Office unquestionably jumped to the conclusion that reported shortfalls were due to fraud (Wallis 2021 ).…”

Section: How Our Humanity Influences Secure Software Engineeringmentioning

confidence: 99%

Human-centred cyber secure software engineering

Renaud

2022

Z. Arb. Wiss.

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Software runs our modern day lives: our shopping, our transport and our medical devices. Hence, no citizen can escape the consequences of poor software engineering. A closely-aligned concern, which also touches every aspect of our lives, is cyber security. Software has to be developed with cybersecurity threats in mind, in order to design resistance and resilience into the software, given that they are often rooted in malicious human behaviour. Both software engineering and cyber security disciplines need to acknowledge and accommodate humans, not expect perfect performances. This is a position paper, delineating the extent of the challenge posed by this reality, and suggesting ways for accommodating the influence of human nature on secure software engineering.Practical Relevance: Socio-technical systems are made up of people, processes and technology. All can fail or be suboptimal. Software itself, being designed, developed and used by humans, is likely to malfunction. This could be caused by human error, or by malice. This paper highlights this reality, taking a closer look at all of the possible sources of malfunctioning technology. By doing so, I hope to infuse the management of socio-technical systems with an understanding and acknowledgement of this reality.

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PRECEPT-4-Justice: A bias-neutralising framework for digital forensics investigations

Cited by 6 publications

References 46 publications

Harm, injustice & technology: Reflections on the UK's subpostmasters’ case

Harm, injustice & technology: Reflections on the UK's subpostmasters’ case

The Concept of Human Rights in the Digital Era/ Changes and Consequences for Judicial Practice

Human-centred cyber secure software engineering

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