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Computer Expert Witnesses
  and Digital Laboratory Forensics



Notable Software has been providing expert witness support and laboratory forensics for court-related matters since 1998. Our staff includes experts (with Master's and/or Ph.D.'s), litigation support researchers (paralegals through Ph.D.'s) and forensic investigators (with Bachelor's or higher). We have had considerable success in assisting the negotiation of lowered sentences, favorable plea offers, dismissed charges, and out-of-court settlements. There are a range of prices that can be applied, including government discount rates, enabling us to provide cost-effective services. Tasks have involved defense, plaintiff and court-appointed expert support in civil, criminal and municipal matters, at local, state and federal levels. Experts work directly with the client(s) and legal team in order to help author and respond to discovery requests, prepare filings, create litigation and appeal methodologies, provide sworn affidavits and declarations, and testify at trial, depositions and hearings. We also have superb skills in dealing with the press in order to encourage positive media spin and sway public opinion, as appropriate.

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Types of matters that we have handled include:
Our Forensic Investigators and Laboratory can be employed to:
We have experience with state and local police, the FBI's Regional Computer Forensic Laboratories, NCMEC, ICAC, the Secret Service, Immigration and Customs Enforcement, and Homeland Security. Notable Software, Inc. is on the New Jersey Office of the Public Defender's bid list, and we are available to handle domestic and international matters.

Press:
I had a fascinating lunch this week with a woman called Rebecca Mercuri from Philadelphia, who earns her crust as a expert forensic witness on computing. She had some scary things to say. Did you know that if you had a real enemy, and he had the skills, he could remotely download child porn onto your hard drive, there to be discovered if you ever took it in for repair, or after an anonymous tip-off to the police. She also pointed out the incredible shortcomings of electronic voting which can be - and is - fiddled in dozens of different ways.
Simon Hoggart, "Just a bellow - or a roar of public rage?"
The Guardian, UK, February 10, 2007
Publications:
  • Courtroom Considerations in Digital Image Forensics, (PDF - full) Rebecca Mercuri, Chapter 11 in Digital Image Forensics: There is More to a Picture than Meets the Eye, H. T. Sencar and N. Memon (eds.), Springer Science+Business Media, New York, 2013, pp. 313-326.
    The manner in which results of digital image forensic investigations are presented in the courtroom can be positively or adversely affected by case law, federal rules, legislative acts, availability of discovery materials, tools, and the use of exhibits. Issues pertinent to effective and successful testimony are addressed, along with suggestions for improvement of methods.   
  • Criminal Defense Challenges in Computer Forensics, (PDF - full) Rebecca Mercuri, First International ICST Conference, ICDF2C 2009, Albany, NY, USA, September 30 - October 2, 2009. Published May 28, 2012 in Digital Forensics and Cyber Crime, Volume 31 of the series Lecture Notes of the Institute for Computer Sciences, Social Informatics and Telecommunications Engineering, SpringerLink, pp. 132-138.
    Computer forensic techniques may be unfairly applied in order to tip the scales of justice in the direction of prosecution. Particular areas that are known to be problematic for defense experts include: erroneous allegations of knowledgeable possession; misuse of time stamps and metadata; control and observation of the discovery process; authentication issues; deficiencies and the lack of verification for proprietary software tools; deliberate omission or obfuscation of exculpatory evidence; and inadvertent risks resulting from the use of legitimate services. Examples in the authorís caseload are used to illustrate these inequities in an effort to encourage reform.   
  • Challenges in Forensic Computing, (PDF) Rebecca T. Mercuri, Security Watch, Communications of the Association for Computing Machinery, Volume 48, Number 12, December 2005.
    With the ubiquity of computer-based devices in everyday use, forensic techniques are increasingly being applied to a broad range of digital media and equipment, thus posing many challenges for experts as well as for those who make use of their skills. This article draws on the author's experience as a computer forensic investigator and expert witness in addressing best practices, training, certification, toolset, and laboratory issues in this rapidly expanding field.   
When the Initial Interview Consists of a Phone Call: On the Sunday following the election, with the outcome of the election still unclear, Mercuri received a phone call at her New Jersey home. The caller identified himself as the attorney for Vice President Gore. Gore's legal team requested that she prepare a sworn affidavit explaining the necessity for a manual recount of the ballots cast in Florida. She was also asked to stay on standby in case the court should require that she present the affidavit in person.



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If you are in need of Digital Forensics or Expert Witness services:


Contact Notable Software

Telephone: 609/587-1886 or 215/327-7105
Surface mail:  P.O. Box 1166 - Dept. W, Philadelphia, PA  19105
Email:  notable AT notablesoftware DOT com