User:ErrantX/Sandbox/Digital forensics and the law

The laws and guidelines surrounding digital forensics vary greatly at both national and international level. Many of the applicable laws pre-date digital evidence and have been adapted (with different degrees of success) to fit modern needs. Since the late 1980s new law has specifically legislated against computer crime and its investigation.

The law affects digital forensics in several ways; firstly by defining what computer crime as an offense. Secondly by legislating against what material can be examined (in both a criminal and civil setting) and thirdly by providing guidlines on the handling, investigation and presentation of digital media.

Computer crime
Computers were used to conduct crime as early as the 1970s, at this time such crime was dealt with using pre-existing law. The first computer crimes were recognized in the 1978 Florida Computer Crimes Act followed by national laws (in the UK, US and Canada) during the 1980s.

Legally computer crime is recognised as falling into two categories. Crime facilitated using a computer and crime conducted against a computer. In the former case almost any traditional crime might be conducted with computers, and their prosecution is covered by existing law with digital evidence being presented at trial. The latter form, which includes such things as hacking or cyber warfare, has required new legislation.

Search and seizure
The seizure of digital media is currently a grey area in many jurisdictions. In criminal matters usually broad seizure warrants are accepted, but in civil proceedings privacy and human rights laws place limitations on the actions of forensic analysts. These limitations are as yet mostly untested in courts.