In this article explain 2 types of Computer Forensics Issues which are legal issues and privacy issues.
Computer Forensics: Legal Issues
Digital evidence is fragile in nature, which makes it susceptible to changes during the investigation process, thus rendering it inadmissible in a court of law. Handling and safeguarding digital evidence is a difficult task because it is volatile and incorrect handling can destroy it. Forensic investigators also face many challenges when preserving digital evidence. For example, an intruder can alter system data and therefore the investigators should gather it first. Digital evidence is circumstantial, which makes it difficult for a forensic investigator to trace the system’s activity.
Cybercrimes are remote in nature, which means that an attacker based in one country can breach the security of a system located in another. This makes it difficult to collect the evidence and prosecute the perpetrator. Besides, legal systems differ from one jurisdiction to the other and have different rules for acquiring, preserving, investigating, and presenting the digital evidence in a court. This complicates the task of the investigator.
Related Product : Computer Hacking Forensic Investigator
In this light, investigators should read and understand the rules of investigation, analysis, presentation and prosecution that apply in various regions relevant to a case. Each legal system has a slightly different approach toward the issues related to authenticity, reliability, and completeness. Therefore, the investigators should strictly comply with the rules of the region for better prosecution. Rapid technological changes have also raised certain problems for the investigators. Consequently, investigators need to adapt and change their approach in accordance with such technological changes; particularly so because the legal systems might not address these technological advances. Conversely, changing technologies also make it difficult to train the investigators to handle all such changes.
Computer Hacking Forensic Investigator covering detailed methodological approach to Computer Forensics . To get in details will have to take training of CHFI and upgrade skills from best cyber security institute in Mumbai.
Computer Forensics: Privacy Issues
Cybercrime investigators need to obtain a warrant from the authorities to search the victim or attacker system. The warrant should mention all the devices that must be investigated. When retrieving evidence from a particular electronic device, investigators must be cautious to avoid charges such as unlawful search and seizure; i.e., they need to comply with the Fourth Amendment of the U.S. Constitution.
The Fourth Amendment states that government agents may not search or seize areas or things in which a person has a reasonable expectation of privacy, without a search warrant.
Also Read : Need for Forensics Investigator
Note: Private intrusions not acting in the color of governmental authority do not come under the Fourth Amendment.
When dealing with evidence related to Internet usage, investigators must preserve anonymity of other users. This is important because they come across the identities of all users connected with the target system while identifying the few involved in illegal activities.
Investigators should take permission from the owners of the data or system before publicizing the data present on the investigated system. They should ensure that their acts do not raise any privacy concerns with the owner of the system.
Questions related to this topic
- What types of warrantless searches can be performed by law enforcement collecting digital evidence?
- What are the four steps in collecting digital evidence?
- How do you conduct a forensic investigation?
- What must a search warrant do according to the US Constitution and regarding searches and seizures review what grounds the warrant must cover?
This Blog Article is posted by
Infosavvy, 2nd Floor, Sai Niketan, Chandavalkar Road Opp. Gora Gandhi Hotel, Above Jumbo King, beside Speakwell Institute, Borivali West, Mumbai, Maharashtra 400092
Contact us – www.info-savvy.com
