This category contains 29 posts

Eleventh Circuit Rules Defendant Cannot Be Compelled to Divulge Encryption Passphrase

Barely three weeks after I penned Another Judge Rules Encryption Passphrase not Testimonial Under Fifth Amendment Analysis, the Eleventh Circuit has held that a defendant’s “decryption and production of the hard drives’ contents would trigger Fifth Amendment protection because it would be testimonial, and that such protection would extend to the Government’s use of the drives’ contents.” For … Continue reading

Another Judge Rules Encryption Passphrase not Testimonial Under Fifth Amendment Analysis

I previously discussed, on a bar association section blog in 2007 (here) and 2009 (here), the case of In re Boucher, where a U.S. judge for the District of Vermont ruled that requiring a criminal defendant to produce an unencrypted version of his laptop’s hard-drive, which was believed to contain child pornography,did not constitute compelled testimonial communication.  Professor Orin Kerr … Continue reading

Can Your Digital Images Withstand A Court Challenge?

The term “digital” in law enforcement is almost immediately associated with digital forensics, i.e.; computer crimes, cyber terrorism, child porn on computer hard drives, and other areas that require special training, expertise, and equipment to investigate these types of digital threats. Media attention is widespread, grant opportunities abound, and a seemingly endless supply of resources … Continue reading

Is your client an attorney? Be aware of possible constraints on your investigation. (Part 2 of a multi-part series)

In my first post several weeks ago, I discussed some of the special obligations that digital forensics investigators may have while in the employ of a lawyer. I elaborated briefly on the duty to zealously guard the attorney-client privilege, to correctly apply the work product doctrine, and to conduct investigations in a way that does … Continue reading

Is your client an attorney? Be aware of possible constraints on your investigation. (Part 1 of a multi-part series)

Significant legal and ethical challenges confront digital forensics investigators, for which some may not be well prepared. Just as many lawyers may be confounded by technology in dealing with digital forensics matters, many digital forensics experts lack formal legal training, and are uninformed about their special obligations in the employ of a lawyer. These obligations include … Continue reading

My cat did it – honest, Guv!

and he did it via remote access… by Sam Raincock, IT and telecommunications expert witness When evaluating computer forensics cases the tricky part is often not just evaluating what is found but determining how it came to reside there. “It was downloaded via a web browser because I identified it in Temporary Internet Files…” “I … Continue reading

Serving search warrants in Spain

First published January 2010 The expert witness perspective by Joaquim Anguas Abstract This article describes the most common schema and basic procedure in which search warrants related to computer evidence are served in Spain from the expert witness perspective, and presents a guide, concrete tools, commands and recommendations oriented to maximize the effectiveness and validity … Continue reading

Malicious Phone Call Legislation in the UK

First published February 2009 by Greg Smith Mobile Telephone Evidence & Forensics It is being noted that there is an exponential growth in harassing and intimidating calls from financial companies, card companies and from outsource debt collection firms chasing payments where people have got behind with payment due as a direct consequence of this … Continue reading

Computer Forensic ‘Expert’ Witnesses – Do You Know Who is Representing You?

First published November 2007 submitted by CY4OR Computer forensic experts deal with some of the most grave and serious of criminal cases that involve digital evidence. However it may be surprising to hear that currently there is no regulatory body in the UK to ensure the quality of their work, their security, and the expert’s … Continue reading

Corporate Investigations and the UK Data Protection Act

First published September 2007 by Rowenna Fielding INTRODUCTION A number of requirements of the Data Protection Act apply to workplace monitoring. While the DPA does not prohibit employee monitoring and investigation, any such activity must conform to the requirements of the Act in order for it to be lawful. THE TERMS OF THE DATA PROTECTION … Continue reading

Large Scale Fraud Cases And The Issues Surrounding E-Discovery Investigations

First published September 2007 submitted by CY4OR Limited A recent Report by the Fraud Advisory Panel revealed that the average length of a serious fraud investigation between 2002 and 2006 totalled 33 months, costing the British taxpayer around £100 million per year to fund in Legally Aided cases. An example would be the 2005 Jubilee … Continue reading

Intrusion Detection System Logs as Evidence and Legal Aspects

First published January 2007 Fahmid Imtiaz School of Computer and Information Science Edith Cowan University E-mail: Abstract Modern techniques and methodologies for detecting attacks and malicious activities on computers and networks has evolved a lot over the last couple of years. The need for detecting intrusion attempts before the actual attack simplifies the job … Continue reading

Search and Seizure from a Digital Perspective: A reflection on Kerr’s Harvard Law

First published September 2006 by Ibrahim Baggili (edited by Deena Musharbash) After reading Kerr’s “Searches and Seizure in the Digital World”, I realized that on a larger scale, applying the current law system to computer crimes is a complex practice. The current law system of the United States did not take into account the “digital … Continue reading

Are non technical juries keeping criminals at large?

First published February 2006 by Carrie Moss, Marketing Assistant, CY4OR In England and Wales the only qualifications required of a jury member to be eligible to appear in a court of law are that they are registered on the electoral roll, aged between 18 and 70 and have lived in the UK for at … Continue reading

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