Formulating propositions in Trojan horse defense cases

Abstract

This paper demonstrates how to formulate relevant sets of propositions in cases involving alleged possession of illegal content on electronic devices. The primary purpose of exploring how to formulate propositions is to enable a balanced and transparent evaluation of digital evidence, ideally using a likelihood ratio (LR). We present five categories explaining how illegal material can appear on electronic devices, including intentional and unintentional activities by suspects, other individuals, or automated processes (the “Trojan horse defense”). We review existing guidelines on formulating propositions developed for physical evidence and show how each explanation category can be properly formulated into propositions. Our findings indicate that the digital forensic domain can benefit from established principles for evaluating physical evidence. We also observe aspects that are more specific to digital forensic science where observations need to be evaluated in cases where intent is disputed, which can lead to propositions that address whether activities were carried out knowingly or unknowingly. By providing guidance on formulating relevant propositions, this research aims to contribute to the broader implementation of evaluative practices in digital forensic science.