Laws reguarding Computer Forensics?
I would like to know what laws affect Computer Forensics. In other words, when the team is collecting data for a criminal case, what laws do they need to be aware…besides the fourth amendment.
Discovery Goods and Services
I would like to know what laws affect Computer Forensics. In other words, when the team is collecting data for a criminal case, what laws do they need to be aware…besides the fourth amendment.
July 14th, 2010 at 12:37 pm
The same laws that govern expert and scientific evidence and chain of custody.
The expert will perform the forensic analysis and give testimony about his findings and the methods he used. The opposing counsel will attempt to impeach, or even exclude the testimony if it can be shown that the methods used were generally accepted in the scientific community. (Kelly-Frye test)
4th Amendment is not the problem for the computer expert. That’s a problem for the police and the investigator collecting the evidence. If there’s a 4th Amend defect, the expert will never make it to the stand to testify.
July 14th, 2010 at 6:38 pm
Too many to list, at state and federal level.