Legal & Ethical Issues in Digital Forensics Flashcards
7 cards from real CCE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal & Ethical Issues in Digital Forensics flashcards as text
Under international digital investigations, the Budapest Convention on Cybercrime primarily facilitates:
Answer: Cross-border cooperation and mutual legal assistance in cybercrime investigations
The Budapest Convention (Council of Europe Treaty No. 185) is the first international treaty harmonizing cybercrime laws and enabling cross-border evidence sharing.
Which legal concept holds that digital evidence must be shown to be what it purports to be before it can be admitted in court?
Answer: Authentication
Authentication (FRE 901) requires the proponent to produce sufficient evidence that the item is what it is claimed to be.
A forensic examiner is retained by a defense attorney. The examiner discovers evidence that strongly incriminates the defendant. The examiner must:
Answer: Report findings accurately and fully to the retaining attorney
The examiner must report findings fully and accurately to the retaining attorney; the attorney then bears responsibility for legal and ethical disclosure obligations.
Which rule of evidence governs the admissibility of duplicates (copies) of original digital evidence in US federal courts?
Answer: FRE 1003 (Admissibility of Duplicates)
FRE 1003 provides that a duplicate is admissible to the same extent as an original unless authenticity is genuinely questioned.
An investigator in a corporate setting fails to stop ongoing unauthorized network access to prevent evidence collection. This approach is known as:
Answer: The 'allow to run' or 'watch and wait' strategy
The 'watch and wait' approach allows an intrusion to continue under controlled observation to gather additional evidence, balanced against risk of ongoing harm.
The concept of 'attorney-client privilege' in digital forensics investigations means that:
Answer: Communications between a client and their attorney may be protected from disclosure
Attorney-client privilege protects confidential communications between attorney and client made for the purpose of seeking or providing legal advice.
When a forensic examiner testifies as an expert witness, they are permitted to do something fact witnesses are not, which is:
Answer: Offer opinions and draw conclusions based on specialized knowledge
Under FRE 702, expert witnesses may offer opinion testimony based on their specialized knowledge, skill, experience, training, or education.