DocumentCode
1230132
Title
Overview of Licensing and Legal Issues for Digital Forensic Investigators
Author
Manes, Gavin W. ; Downing, Elizabeth
Volume
7
Issue
2
fYear
2009
Firstpage
45
Lastpage
48
Abstract
Digital forensic examiners face challenges outside the technical aspects of collecting, investigating, and storing digital information. Rules about admissibility and the licensing requirements for forensic professionals must also be taken into account. The use of digital data in an expanding number of US court cases and business investigations has precipitated changes in evidence handling and admissibility requirements, most notably in the 2006 changes to the Federal Rules of Civil Procedure. Knowledge of these rules and the ensuing case law is an essential component of any examiner´s toolkit because improper evidence handling can lead to inadmissible evidence. The court´s acceptance of such evidence is also greatly affected by the examiner´s proper licensure. Unfortunately, these requirements vary by state (sometimes even by city) and are constantly changing. Therefore, digital forensic investigators must heed both the court´s rules regarding evidence handling and the state´s rules for licensing in order to be most effective.
Keywords
forensic science; legislation; Federal Rules of Civil Procedure; US court case; admissibility requirement; case law; digital data; digital forensic; digital information; evidence handling; forensic professional; inadmissible evidence; legal issue; licensing; Digital forensics; Guidelines; Law; Legal factors; Licenses; Pharmaceuticals; Privacy; Protection; Security; Testing; digital forensics; investigation; investigator; licensing; security;
fLanguage
English
Journal_Title
Security & Privacy, IEEE
Publisher
ieee
ISSN
1540-7993
Type
jour
DOI
10.1109/MSP.2009.46
Filename
4812156
Link To Document