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Expert Witness & Digital Forensic Services










 

Site Contents: © Peter Sommer, 2018   Not to be reproduced without permission

PO Box 6447  London N4 4RX UK

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o R v Michael John Smith - described by the Security Commission as the UK's most important official secrets case involving scientific and technical espionage
o Rome Labs / Datastream Cowboy hack.   A major global hacking case with USAF and NASA among the targets initially thought to have been perpetrated from North Korea and Lativa but which turned out to have been by two UK schoolboys.  There were hearings in the US Senate at the beginning of the "Information  Warfare/Electronic Pearl Harbour" scares.   The UK case involved many novel issues of the handling of technical evidence, admissibility and the problems of evidence from US covert agencies
o R v Alibhai and others.  A large conspiracy involving the commissioning and distribution of counterfeit Microsoft software and money laundering.  Issues of adequacy of disclosure.  
o "NCS Operation Cathedral" - the first large UK Internet paedophile ring.  At the end of the trial penalties for the related offences were increased and POLIT, the precursor to CEOP, was set up.  At a technical level there were significant issues of case management arising from the large numbers of computers that had to be examined.
o "DrinkorDie" - an international investigation into organised software piracy - "warez" groups -  led to the charging of 6 UK individuals. Because of the large numbers of computers involved and the extent of complex evidence from overseas agencies - this was a further challenge in terms of case management was well as of  basic investigation of the contents of computers.  The UK case was one of the most expensive trials in recent years. Also known as National Crime Squad Operation Blossom
o R v Ying Guo -   illegal immigration conspiracy in which 58 dead Chinese were found in the back of a lorry at Dover.  Defendant was a translator on whose computer was discovered apparent draft immigration applications
o "Chohan family" - a family killed by a criminal in order to take over a transportation company which was then to be used for narcotic trafficking.  Some bodies were never found - a computer was located which held drafts of important documents
o Operation Ore - large scale distribution of indecent images of children,  incitement:  several instructions on behalf of  defendants plus review work for DofE
o Godfrey v Demon - an important Internet defamation case which helped define the extent of the "innocent dissemination" defence available to ISPs
o R v Waddon -  an obscene publications act case which defines "place of publication" for jurisdictional purpose
o R v Atkins -  a Protection of Children Act case which clarifies the strict liability test in "possession" and also the nature of the "legitimate research" defence
o R v Lennon, R v Cuthbert -  two important Computer Misuse cases in which the ambit of the 1990 Computer Misuse Act has been clarified
o Sorrell v FullSix and others -  An aggressively-fought defamation action by the head of the advertising group WPP against Italian former colleagues suspected of publishing defamatory blogs. But the authors had used anonymising facilities to conceal their activities. The case tested the limits of the disclosure rules in relation to forensic artefacts as well as significant technical challenges.
o The "Red Mercury" terrorist case - this was an allegation by the News of the World's "fake sheik" that material for a dirty bomb was being offered in the UK. ("red mercury" is a myth and the case was thrown out)
o Operation Crevice - the fertiliser bomb terrorist case - 14 months at the Old Bailey.
o "Scallywag" -  a case under the Representation of the People Act, with place of publication and proof of involvement as the issues. Scallywag was a magazine that claimed to publish stories Private Eye thought too difficult.
o R v Deamer and others -  large scale narcotics importation from Spain
o R v Murphy and others - long-running series of trials involving narcotics importation  from Colombia - one issue was the provenance and reliability of overseas intercept material (which is admissible though the UK equivalent s not)
o R v B and others -  the UK's first "phishing" case involving allegations of money laundering against a number of individuals from a variety of East European countries. The trial against one alleged principal was abandoned as a result of her ill-health
o R v O - terrorism. Allegations involving assistance given to Jemaah Islamiah.Charges dropped after defence analysis and submissions
o Republic of South Africa v Jacob Zuma and Thint  Allegations of corruption against a South African politician, now President of the Republic and the South African branch of a French armaments company.  Case eventually dismissed.  Large numbers of computers had been seized from  Zuma, his alleged associates and from Thint.
o DPP v Kinsella  Irish narcotics importation case relying on ETSI standard Dutch phone intercepts
o Pharm-a-Care Laboratories Pty Ltd v Commonwealth of Australia  Large Australian case involving compensation after regulatory action:  examination and reconstruction of computers
o R v Parker & Champkins-Howard  Faked “Banksy” prints and faked email evidence
o  Gary McKinnon  Analysis of CPS assessments in long-running hacking/extradition/human rights case
o UEA-CRU Independent Climate Change  E-mails Review  Support for the Muir-Russell team
o Operation Alpine  Large CEOP / Lincolnshire Police multi-defendant, multi-computer case involving sale of access to unfiltered newsgroups; core defendants plus customers:  support for major review
o Inspire v Taylor Drew Productions  Examination of computers to establish that intellectual property relating to computer-generated children’s cartoons had been fully removed.

0 Solicitors’ Regulatory Authority v Gore & Miller Proceedings against two Davenport Lyons solicitors in respect of letters sent to alleged copyright infringers

o Special Tribunal on the Lebanon, Office of the Prosecutor STL is examining the circumstances of the assassination of Rafiq Hariri (ongoing)

o Al-Sweady Inquiry  Lead by a retired high-court judge, this reviewed one of the alleged military abuses during the Iraq War

o  Re “Y”:  proceedings before Special Immigration Appeals Commission to change bail conditions over Internet access

o R v “S”  “Teen who slowed down the Internet”:  massive DDoS attacks on Spamhaus and elsewhere; analysis of alleged extent of damage

Notable Cases