Since computer forensics is a relatively new and continually developing field, the court system is still catching up with the technology. All actions taken by anyone overseeing a company’s network security must fall within the current legal constraints of forensic activity. New court rulings continually affect the legalities of computer forensics and digital forensics, so it is important for technicians and organization network administrators alike to actively check the United States Department of Justice’s Cyber Crime website. This website lists recent computer forensics-related court cases and covers the standards for reporting cyber crimes and evidence in court. Even if you have solid evidence of wrongdoing, that evidence is utterly useless unless it is obtained in a legal manner.
A more recent concern is the increasing number of laws being passed requiring companies to take extra measures to keep personal data private. By utilizing E-Investigations computer forensics specialists, your organization will have a detailed record of all security policies followed, which can aid in avoiding lawsuits or regulatory audits.
There are three main areas of law that must be considered when dealing with computer and network security:
- In the United States Constitution, the Fourth Amendment protects against unlawful search and seizure. In addition, the Fifth Amendment protects citizens from self-incrimination. These ideas influence decisions applying to under what circumstances evidence can be gathered and how that evidence can be used in court.
- Violating the Wiretap Act, the Pen Registers, Trap and Trace Devices Statute, and the Stored Wired and Electronic Communication Act during a forensic investigation could result in being charged with a federal felony punishable by fine and/or imprisonment.
- Federal rules about hearsay, authentication, reliability, and best evidence also play a part in computer security with regard to the authority to monitor and collect the data in question and the admissibility of the methods used to collect said data. E-Investigators are well-versed in these laws and are invaluable assets in an investigation not only for their skill but also for their extensive knowledge.
By choosing a competent computer forensics team that is knowledgeable of the applicable laws for your specific case, you ensure that you maintain the security needed for your organization to stay competitive in your industry.