Legal & Ethical Issues in Digital Forensics Flashcards
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Read the first 7 Legal & Ethical Issues in Digital Forensics flashcards as text
Which act criminalizes unauthorized access to computer systems and is most commonly applied in computer crime prosecutions in the US?
Answer: Computer Fraud and Abuse Act (CFAA)
The CFAA (18 U.S.C. § 1030) is the primary federal statute criminalizing unauthorized access to protected computers.
A forensic examiner working a civil case is deposed by opposing counsel. The examiner's primary obligation is to:
Answer: Provide truthful, accurate testimony regardless of which side hired them
Expert witnesses have a duty to the court to provide truthful and objective testimony, regardless of who retained them.
What is the primary purpose of obtaining written consent before conducting a forensic examination of a personally-owned device?
Answer: To protect the examiner legally and establish a valid legal basis for the search
Written consent provides a legal basis for the search without a warrant and protects the examiner from claims of unauthorized access.
The Health Insurance Portability and Accountability Act (HIPAA) impacts digital forensics investigations primarily by:
Answer: Restricting disclosure of protected health information found during an investigation
HIPAA's Privacy and Security Rules restrict how protected health information (PHI) may be accessed, used, and disclosed, even during investigations.
Which principle requires a forensic examiner to document all steps taken during an investigation so findings can be independently reproduced?
Answer: Reproducibility
Reproducibility ensures that another qualified examiner following the same documented steps would arrive at the same findings.
A forensic examiner finds evidence of a crime unrelated to the original investigation scope while executing a valid warrant. This is best described as:
Answer: A plain view discovery requiring further legal authority before seizure
Evidence found in plain view during a lawful search may be noted but typically requires additional legal authority (e.g., an expanded warrant) before it can be seized and used.
The ethical principle of 'objectivity' in forensic examination means the examiner should:
Answer: Report all findings accurately regardless of how they affect the case
Objectivity requires reporting all findings truthfully, including exculpatory evidence, without bias toward any party.