hearsay rule - No plagiarism
Teddyks
Chapter021.pptx
Chapter 2
Laws Affecting Digital Forensic Investigations
1
Laws Affect ALL Inquiries
Constitutional rights and restrictions
All criminal investigations
Certain types of civil investigation
Any internal inquiry involving a govt. agency
Legislated privacy concerns
Any regulated organization
Any government inquiry
Corporate policy
Constitutional Rights
1st, 4th, and 5th Amendments can impact an investigation
Constitutional rights are only changed by amendment
2/3 majority of House and Senate
3/4 of the State legislatures must ratify
The Fourth Amendment
Regulates rights of an individual regarding searches and seizures
Most searches require a warrant
A warrant requires that the requesting agency provide reasonable cause
Illegal Search
Only government agencies are mandated by constitutional law
A search must be considered “unreasonable” to be illegal
Was there probable cause?
Was there a reasonable expectation of privacy?
The First Amendment
May protect ISPs from divulging information without a warrant
Some clients may be shielded by protections afforded to “the press”
The Fifth Amendment
Coercing a person to reveal a password may be self-incrimination
Passwords may be interpreted as:
A key, which can be ordered delivered
Something a person knows, which cannot be coerced
Seek counsel before trying to make a person reveal a password
Legislated Privacy
The “right to privacy”
Financial information
Medical information
Educational information
Right to Privacy
Is not mandated by the Constitution
Consists of four primary domains
Intrusion on a person’s private affairs
Public disclosure of derogatory facts
Information that reflects a false image
Appropriation of a person’s likeness or personna
The Hearsay Rule
A material witness can only present testimony actually seen or heard first-hand
An expert witness may express opinions about evidence based on professional or scientific factors
