CSL CSL Digital Evidence & Forensics Law

Question 1

Under the Federal Rules of Evidence, which standard governs the admissibility of digital evidence in U.S. federal courts?

Accepted Answer

Daubert standard

Answer

The Daubert standard requires that expert testimony and scientific evidence, including digital forensics, be based on sufficient facts and reliable methodology.

Question 2

What legal doctrine requires investigators to document every person who had access to digital evidence from collection through trial?

Accepted Answer

Chain of custody

Answer

Chain of custody documents every handler of evidence to prove it was not tampered with between collection and presentation in court.

Question 3

Which federal statute makes it a crime to intentionally destroy evidence that may be relevant to a federal investigation?

Accepted Answer

18 U.S.C. § 1519

Answer

18 U.S.C. § 1519 criminalizes knowingly altering, destroying, or concealing records to impede a federal investigation.

Question 4

What is the legal term for the obligation to preserve evidence once litigation is reasonably anticipated?

Accepted Answer

Litigation hold

Answer

A litigation hold is a legal obligation requiring organizations to preserve all potentially relevant evidence once litigation is reasonably anticipated.

Question 5

Under the Electronic Communications Privacy Act (ECPA), what is required before law enforcement can access stored electronic communications older than 180 days?

Accepted Answer

Search warrant

Answer

Following the Sixth Circuit's Warshak decision and DOJ policy, a search warrant based on probable cause is required to access stored email content regardless of age.

(CSL) Cybersecurity Law Certification Practice Test

(CSL) Cybersecurity Law Certification Practice Test

CSL CSL Digital Evidence & Forensics Law