Legal Issues in IT

1
Legal Issues in IT

• Augustine O Connell

2
Origins of Irish Computer Law

• Background
• DP Acts
• The Legal Environment

3
Misuse of Computers

• Computer Crime
• Programme Piracy
• Sabotage
• Unauthorised use
• Unauthorised access

4
Criminal Damage Act 1991

• Damage to Property
• Aggravated damage to property (Defraud)
• Threat
• Unauthorised access, to attempted access pf
  automated data not involving modification

5
Criminal Damage Act 1991

• Hacking
• Extra territorial jurisdiction
• Defences

6
Evidence

• Civil
• Interrogatory
• Discovery
• Privilege
• Criminal
• Stat Questions
• Criminal Damage Act 1991 of records
• Search Warrants
• Caution

7
Criminal Evidence Act 1992

• Sec 5
• (a) compiled in the ordinary course of business.
• (b) supplied by a person who had personal
  knowledge
• (c) reproduced in the normal operation of the
  reproduction system

8
Expert Witness

• The Ikarian Reefer
• Duties Responsibilities

9
Courts

• The standard prototype of tribunals involves 4
  elements
• 1. An independent judge / Arbitrator
• 2. Applying pre-existing norms (precedent)
• 3. Adversarial Proceedings, and
• 4. Findings of right and wrong (on party over
  another)

10
Expert Witnesses

• The duties and responsibilities of expert
  witnesses in civil cases include the following
  1. Expert evidence presented to the Court
  should be and should be seen to be the
  independent product of the expert uninfluenced as
  to form or content by the exigencies of
  litigation . . . 2. An expert witness should
  provide independent assistance to the Court by
  way of objective unbiased opinion in relation to
  matters within his expertise . . . An expert
  witness in the High Court should never assume the
  role of advocate.

11
Expert Witnesses

• 3. An expert witness should state the facts or
  assumptions on which his opinion is based. He
  should not omit to consider material facts which
  detract from his concluded opinion . . . 4. An
  expert witness should make it clear when a
  particular question or issue falls outside his
  expertise.

12
Expert Witnesses

• 5. If an expert's opinion is not properly
  researched because he considers that insufficient
  data is available then this must be stated with
  an indication that the opinion is no more than a
  provisional one . . . 6. If after exchange of
  reports, an expert witness changes his view on a
  material matter . . . such change of view should
  be communicated . . . to the other side without
  delay and when appropriate to the Court.
• 7. Where expert evidence refers to photographs,
  plans, calculations . . . survey reports or other
  similar documents these must be provided to the
  opposite party at the same time as the exchange
  of reports . . .