Why Shared Understanding Matters

Digital investigations involve many different people

Digital investigations rarely involve just one person. Instead, they often involve multiple individuals and organisations working together, each with different responsibilities, expertise and perspectives.

These may include:

• Police officers

• Digital forensic practitioners

• Investigators

• Lawyers

• Prosecutors

• Judges

• Witnesses

• Defendants

Each of these groups plays a different role in the investigation process. They may also have different priorities, levels of technical knowledge and ways of communicating.

Different roles, different perspectives

For example:

• A digital forensic practitioner may focus on recovering and analysing data from a device.

• An investigator may be interested in how that information relates to the wider case.

• A lawyer may need to understand how the evidence was obtained and whether it can be presented in court.

Although these individuals may all be discussing the same evidence, they may not always approach it in the same way. The language that feels clear and precise to one person may be unfamiliar or confusing to another.

What do we mean by shared understanding?

Shared understanding does not mean that everyone must become an expert in digital forensics. Nor does it mean that everyone must use exactly the same words in exactly the same way.

Instead, it means having enough common understanding that information can be communicated accurately and interpreted as intended.

When technical language creates a barrier

Imagine a digital forensic practitioner describing a device as having undergone a "forensic acquisition".

To another specialist, this term may be completely clear. However, someone with no background in digital forensics may not immediately understand:

• what this process involves

• why it is important

• how it differs from simply copying files from a device

Now imagine this challenge occurring repeatedly throughout an investigation, involving dozens of technical terms and multiple organisations.

Small misunderstandings can begin to accumulate, making communication more difficult and increasing the risk that important information is interpreted differently by different people.

Across organisations, professions and countries

The challenge becomes even greater when investigations cross organisational, professional or national boundaries.

Different agencies may have their own terminology, procedures and working practices. Different countries may use different terms for similar concepts. Even when people are communicating in the same language, they may attach different meanings to particular words.

What did Clarus find?

Research carried out through the Clarus project found that terminology and communication challenges can arise throughout digital evidence processes.

Participants highlighted situations where:

• technical language was not always understood consistently

• assumptions were made about what others knew

• differences in understanding could create barriers to effective communication

Clear communication is therefore not simply about speaking or writing well. It is also about ensuring that the people involved share a common understanding of what is being discussed.

Creating a shared reference point

This is one reason why resources such as the Multi-Lingual Lexicon for Digital Forensics can be valuable.

By providing agreed definitions and explanations of key terms, the lexicon helps create a shared reference point that can support communication between different groups.

Shared Understanding

Shared understanding also supports fairness

Shared understanding is not only important for efficiency. It is also important for fairness.

Decisions made during an investigation can have significant consequences for individuals, organisations and communities. If information is misunderstood or interpreted differently by different people, this may affect how evidence is evaluated or communicated.

While terminology alone cannot eliminate misunderstandings, greater clarity can help reduce confusion and support more informed decision-making.

Reflection

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