La prueba tecnológica en la era digital | Juan Carlos Fernandez | TEDxPlazadelAltozano

to

good afternoon I have lived talked about the

technological test in the network and you’re going to

allow even if only for this time of

bring a passage from Don Quixote and

update it once there wide friends

those outrageous giants with the

who think that talk battle and

take their lives but that giant said

sancho those outrageous

cybercriminals use the anonymity of

the network to let their outrages go unpunished

do not flow from escobar of civilian creatures

a single knight that I

rushes and as a picture is worth more than

a thousand words

I will explain the digital age in which we

we found two in the same place in

the square of the basilica san pedro la

first of the year 2005 and only eight years

Then we can see the change 2013

Technological advances is another story

where are we year 2018

‘internet of things’ 8,400 million

of devices connected to the network but

in the next 2020 horizon it is foreseen

that figure exceeds 20 million

home automation drones vehicles

driven that will lead to robots

cyber risks and we already have enough

because in the year 2017

there were more than 120 thousand incidents in

internet but where are we going as

I would say Don Quixote like these

experienced wide of the things of the

world all the things that have something of

difficulty that seem impossible does

there we go artificial intelligence robot

digital money

bitcoin very topical because it is

starting to regulate also technologies

Disruptive as blogs where perhaps

we will see in a few years and that banking

changed totally and where profiles

profiles of lawyers comply with

technological character will reach

schedule your own contracts

smart in the network

new times new new technologies

crimes and we see consultation we see crimes

as he dismissed all of us who are a

little adult we remember a video of a

councilor of the goods of which

they spread intimate content

in that judicial resolution it was said that

that criminal type was not regulated

perhaps only a moral reproach would fit

thanks in the latest code reform

criminal year 2015

this behavior was already regulated but it

other as they regulated harassment or

stalkings that harassment that a person

towards the victim but through networks

and it makes her change her ordinary life

for that date and for that fear but

there were also things that regulate as

is the crime of the impersonation of

identity that is currently regulated

but not its digital side so

this behavior is out

but not only new ones have appeared

crimes have appeared new media

classic little fingers like the

scam is email that now

that comes simulating a bank for

take away your management those insults or

slander that can be committed but

now through social networks or

through your whatsapp status to those

damages that can now also be

computer

those clashes of order of

communication where with a simple click on

the photo of the person who has that

order that may incur in a

crime

I want to bring a theme a topic that I read

Yesterday, a topic that has been

denounced as a group of whatsapp

they were allegedly organizing a

herd and if we believe that that is

chance

it’s no accident the year 2015

we have more than 60 thousand crimes that have been

committed through the new

technologies in 2016 more than 66,000 and

it is expected that the

previous 2017 this figure continues

increasing that is also changing the

probatory

I like to say that the test

technology enjoys the gift of ubiquity

why because you can enter to

any investigation or any

process is very rare that a process

court does not carry a technological test

and let’s see why, depending on the

order in which we find ourselves

This test has some characteristics

in the penal order, the interest

public for which officials will be

those who do the certification function

of those evidences

the lawyer the administration of justice

battled public may raise record

what they see

laboratory computer experts

officials do evidence studies and

mobile devices but also what

we can do to accredit crimes that

they are seen in the privacy of the home themes

as sensitive as gender violence

Well, we can provide these evidences

that may resolve the issue

if we go to another order but formulate

of civil there are change because no interest

public there is a personal interest where

the plaintiff next to his claim has

to provide those evidences and how

guaranteed the same

we can resort to the notary that

public notary or that company to

trusted third parties that does not stop being

more than intermediaries that through

specific processes called

Tajikistan pin make a seal of what

there is on the internet and the date in time

enjoying great validity since it is a

third party to the process

the one that you bring those evidences and to

anyone can think that we do not

know if you want to contribute in a divorce

some conversations or that non-payment that

received and the only way to accredit

it is through the emails

electronic but in the work order

they are changing the standards practically

any professional that is here in

the room has an official telephone

of a company or a mobile device

I remember when the businessman gave it

probably made us sign that it’s from

exclusive use for the work of the

company

and here we have a problem either because

because businessman but the device

professional and also gives you a power of

supervision of that device so that

you check that these conversations or

that work you are doing is done

in a normal way but the jurisprudence

has spoken and said businessman

if you want to do a study of your

devices you have to meet certain

rules to first warn that it is of use

exclusive to the worker and second if

you want to monitor the traffic of those

dispositives

you have to do them with a few clues

based on the fact that a

irregularity and comply with

principles need for duality

the norm and that that measure be

proportional to the seriousness of the events

investigated by meeting the requirements

could effectively declare a

dismissal from

but what do all these have in common

evidences that are digital evidence

of electronic content

then we must avoid at all costs

present this type of evidence in

documentary evidence in screenshots

printed these have

I’m half proof you can not

submit neither to contradiction nor to any

expert study and that’s why we have to

flee to present technological tests

that in paper format

but apart from justice, it tells us that

we have to preserve a process that

called chain of custody and that is

this chain of custody process then

it is still a process in which you

as a person who contributes is evidence

you have to guarantee that the evidence

let it be a gate

then that throughout the process of

studies that has been submitted

that evidence is the same as later

defends in the oral trial chamber but

the technological evidence has its

own peculiarities because not only

you have to keep the same device

you have to guarantee that that

information from one origin to one

film has not been violated and that is

get calculating electronic signatures

or gas codes that guarantee that that

information is the same from origin to end

but many of you of those who

you are in the room baixa set the ones and the

only that abertis observed is the

illicit because to see what the

victims that instead of that you need

to be able to contribute that illicit process and

depending on how jce contributes

the process can be in a way

positive some way denial but

this technological advance does not lead to

some risks and I would say here don

Quixote

I know who I replied Don Quixote and

I know I can be not only those who said

but all twelve pairs of france and

this fits totally with the possible

identity spoofing of the network a

very current topic that is being

trying to regulate and that is very complex

to regulate it

but not only in the network but in

recipients of emails when

supplant that identity in which it goes

together with a cybersecurity problem and

that we can open the content of this

email and catch something that does not

We wanted to catch that virus or it ‘s the

problem that we take the unit but

that is also in the cyber network

criminals that as I said

previously used the anonymity of

the network so that the outrages remain

unpunished and have

thousands and millions of potential victims

globally but what is happening

we see that we can all be potential

victims but at a particular level even

at the business level

we have seen that one of the great

technology recently suffered a

which they attempted attack on crystals

of that information and ask for a ransom to

change of those attacks computer scratched web

and I in this case am and the same opinion

it was fixed of always sancho I have heard it

deficit

to do good to villains is to throw water

at sea

I also share that idea that

problems we have the volatility of the

digital evidence and the rigidity of the

fair but very rigid justice and perhaps

very slow

we try to regulate a global world with

national regulations in which

through bilateral treaties or

rogatory commissions to other countries

requesting a type of data for

continue the investigation

in the vast majority of cases this

machinery is slow and when it arrives it arrives

late and that we have to practically

all the technologies are based in

united states are governed by the rules

of their states and this does not facilitate the

subject of the investigation but that to

global level and that we have regulated to

national level so incredibly up

the year 2015

well before yesterday the law was not reformed

of criminal prosecution with measures

of technological research that thank you

to that regulation

we have included interception of

research conversations through

of ip address regulation of

mass access devices makes

study of equipment through

remote technology always easier to

write that to do it in reality

but what remains for us people

entrepreneurs as prudent as I would say

Don Quixote there is no higher virtus than

prudence but that is prudence in

a network

I call prudence in the province

digital to resilience

that the human being has that overcomes a

traumatic situation and as a system

he surpasses himself by recovering the

maximum information in the minimum time

possible and that’s how we got it

Well, we got it with designs from

security from the origin we do not get

with backup copies of form

routine way even programmed what

we get using not only

passwords

If we can not do it using

devices in which I know my

password

but I have another data that is a token to

my phone with that key that gives me a

double safety factor or that footprint

digital

then there is that very important there is that

make sure to put this security there

only on a personal level but at a

business but we also have to

learn from the machines and we have to

learn from machines because they do not

procrastinate they do not leave it for tomorrow what

what can we do today

the machine was programmed one thing and the

does and we in an area which does not

we are a comfort zone we leave that

backup for tomorrow we leave

that password change for tomorrow

we share passwords

we have to be aware of that

risk that we are taking and that never

be late

I’m not going to end up with a negative idea nor

much less I will say that we are

living a technological moment and

unforgettable in life then you

I invite everyone to add 2 this new

technology that is making us a lot

more efficient proactive

Cesc always taking into account that

digital province that has been

spoken and always and a tip is that if

some day you have to contribute some

digital evidence avoid paper post

that can not be subjected to any study

technical

thank you very much for your attention to the