Λεπτομέρειες βιβλιογραφικής εγγραφής
| Τίτλος: |
Adversarial Certification of Evidentiary Software. |
| Συγγραφείς: |
Vincent, Nicholas G.1, Choi, Bryan H.2, Siems, Eli3, Halbere, Clay4, Strandbure, Katherine J.5 atherine.strandburg@nyu.edu |
| Πηγή: |
Texas Law Review. Jun2026, Vol. 104 Issue 7, p1555-1617. 63p. |
| Θεματικοί όροι: |
*Standards, Software validation, Criminal trials, Adversarial machine learning, Digital forensics, Model validation, Computer software testing |
| Περίληψη: |
The article focuses on the challenges and proposed reforms related to the admissibility and reliability of software-based forensic evidence in criminal trials. It highlights that traditional legal frameworks for scientific evidence—such as the Frye and Daubert standards—do not adequately address the unique validation needs of forensic software, which is neither purely a scientific principle nor a simple application but a complex, evolving implementation requiring distinct validation. Courts have often failed to require proper software validation, inconsistently considered software updates, industry standards, and user influence, and relied heavily on prior judicial rulings (“common law certification”) rather than rigorous technical scrutiny. The authors propose a mandatory adversarial certification process combining “blue-team” developer validation with “red-team” independent adversarial testing, involving both prosecution and defense representatives, as a prerequisite for admissibility. This certification would specify the validated software version and scope of use, thereby improving reliability, addressing trade secrecy concerns through controlled disclosure, and providing a clearer, more efficient basis for judicial decisions on forensic software evidence. [Extracted from the article] |
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