Chapter 2 Laws Affecting Digital Forensic Investigations 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
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