Computer Forensics and the Law

A Backup Article Contributed by Ashley Lister

Computer Forensics and the Law

Just as computers and the internet have become a pervasive element of modern life, so has computer forensics become a necessary part of modern law. As more and more crimes are committed with the aid of computers, and more and more evidence is stored on computers, it is likely that this field of forensic science will continue to grow.

The Term Computer Forensics Was First Used in 1991.

It refers to the identification, extraction, preservation and documentation of computer based evidence.

However, rather than being a simple matter of investigators extracting information from a computer, computer forensic investigators are tied by a variety of legal constraints. Not only do investigators in this field have to discover incriminating evidence. It is vital that they uncover that evidence in a lawful manner otherwise the evidence will not be admissible in court. It is also imperative that they retrieve information from a machine swiftly, cleanly and without running the risk of virus infection or data corruption of any other format.

Investigators are also required to have a substantial and current knowledge of the legal issues involved in computer forensics. They have to be aware of what exactly constitutes a legal search and they must be able to differentiate between the legalities of searching a stand alone PC and a LAN or WAN network. Investigators need to understand the laws that dictate how evidence may be obtained and they need to understand the part they will be expected to play in the chain of that evidence.

Computer Forensic Teams Target Cyber-Criminals.

Cyber-criminals, responsible for identity theft, stealing intellectual property, or countless other crimes, are the main targets of the computer forensic team. Because electronic information is so easily transferred from one machine to another, many criminals have taken advantage of this technology for the purposes of identity theft. This can come in the form of a criminal withdrawing funds from a victim's bank account, or even arranging loans or the transfer of assets by the use of a computer-aided deception. The variations on identity theft are almost limitless.

Theft of intellectual property has been rife on the internet with the exchange, copying and mass-dsitribution of music, movies and literature. Along with the dangers of other illegal material that can be stored on computers, this is where the computer forensic team do most of their work.

The solution to any criminal problem is always effective investigation and prosecution. In both these spheres the computer forensic expert will play a considerable role, but it is in the realm of prosecution that their expertise is most heavily relied upon. After all the hard work of an investigation, the efforts of a competent computer forensic expert can provide the triumphant testimony that puts a cyber-criminal into the jail where belongs.

Computer Forensics is a Fledgling Science.

Because computer forensics is such a new field of investigation, the legal ramifications and procedural requirements are only just being agreed upon. But, as long there is the chance of finding useful evidence on computers, the specialists in the field of computer forensics must be allowed to carry on with their work.