Home−The legal implications of computer forensics activities

When you are going to practice computer forensic activities, it’s very important and necessary for you to understand the legal implications of computer forensics. Data Copy King has been designed professionally with friendly computer forensic operational features and it has no backdoor access and it’s 0 training required to use this forensic data duplicator and therefore, it will be easy for you to perform your computer forensics following the legal aspects.

Security professionals need to consider their policy decisions and technical actions in the context of existing laws. For instance, you must have authorization before you monitor and collect information related to a computer intrusion. There are also legal ramifications to using security monitoring tools.

Computer forensics is a relatively new discipline to the courts and many of the existing laws used to prosecute computer-related crimes, legal precedents, and practices related to computer forensics are in a state of flux. New court rulings are issued that affect how computer forensics is applied. The best source of information in this area is the United States Department of Justice’s Cyber Crime web site.  The site lists recent court cases involving computer forensics and computer crime, and it has guides about how to introduce computer evidence in court and what standards apply. The important point for forensics investigators is that evidence must be collected in a way that is legally admissible in a court case.  Increasingly, laws are being passed that require organizations to safeguard the privacy of personal data. It is becoming necessary to prove that your organization is complying with computer security best practices. If there is an incident that affects critical data, for instance, the organization that has added a computer forensics capability to its arsenal will be able to show that it followed a sound security policy and potentially avoid lawsuits or regulatory audits. 

There are three areas of law related to computer security that are important to know about. The first is found in the United States Constitution. The Fourth Amendment allows for protection against unreasonable search and seizure, and the Fifth Amendment allows for protection against self-incrimination. Although the amendments were written before there were problems caused by people misusing computers, the principles in them apply to how computer forensics is practiced. Second, anyone concerned with computer forensics must know how three U.S. Statutory laws affect them: 
* Wiretap Act (18 U.S.C. 2510-22)
* Pen Registers and Trap and Trace Devices Statute (18 U.S.C. 3121-27)
* Stored Wired and Electronic Communication Act (18 U.S.C. 2701-120) 

Violations of any one of these statutes during the practice of computer forensics could constitute a federal felony punishable by a fine and/or imprisonment. It is always advisable to consult your legal counsel if you are in doubt about the implications of any computer forensics action on behalf of your organization. Third, the U.S. Federal rules of evidence about hearsay, authentication, reliability, and best evidence must be understood. In the U.S. there are two primary areas of legal governance affecting cyber security actions related to the collection of network data:
(1) authority to monitor and collect the data and
(2) the admissibility of the collection methods. Of the three areas above, the U.S. Constitution and U.S. Statutory Laws primarily govern the collection process, while the Federal Rules of Evidence deal mostly with admissibility. 

If system administrators possess the technical skills and ability to preserve critical information related to a suspected security incident in a forensically sound manner and are aware of the legal issues related to forensics, they will be a great asset to their organization. Should an intrusion lead to a court case, the organization with computer forensics capability will be at a distinct advantage.