Like computer evidence, it is necessary to have proper legal authority to conduct a forensic examination of cellular phones and handheld devices. Cell phones lawfully may be searched without a warrant only if the search is ‘substantially contemporaneous’ with the arrest.
Like computer evidence, it is necessary to have proper legal authority to conduct a forensic...
Judges and juries listen and look very closely to demeanor evidence to assess the credibility of...
Facebook and Microsoft for the first time have said they had gotten data requests from the government under the Foreign Intelligence Surveillance Act, but they added that the U.S. government did not permit them to provide specific figures. The companies said some of the requests were for terrorism investigations. But others were from a local sheriff asking for data to locate a missing child or from federal marshals tracking fugitives.
U.S. prosecutors have announced fraud and other charges against eight alleged members of an international cyber crime ring that the government said hacked into the computers of more than a dozen leading financial institutions and the U.S. military's payroll service.
The secret court that adjudicates national security-related information requests lifted the veil on its operations a tiny bit, ruling that portions of one of its earlier opinions could be disclosed to the public. The ruling came in a case by the San Francisco-based Electronic Frontier Foundation.
Computer forensic experts testified that they traced a break-in to a secret U.S. government website to Bradley Manning, the U.S. soldier charged with the biggest leak of classified files in the nation's history. Government witnesses told the court-martial that they had traced breaches of the U.S. government's secret Intelink intelligence database to Manning's user name and Internet Protocol address.
The top U.S. intelligence official is declassifying key details about a secret surveillance program — a rare move meant to tamp down a public uproar spurred by the disclosure of the government's massive collection of Americans' data, aimed at combating terrorism.
The Obama administration recently defended the National Security Agency's need to collect telephone records of U.S. citizens, calling such information "a critical tool in protecting the nation from terrorist threats." While defending the practice, a senior administration official did not confirm a newspaper report that the NSA has been collecting the telephone records of millions of U.S. customers of Verizon under a top secret court order.
The court-martial of a soldier charged with using the WikiLeaks website for the biggest leak of classified information in U.S. history heads into a second day, with a cyber crime investigator the day's lead-off witness. Special Agent David Shaver from the Army Computer Crimes Investigation Unit, an expert on cyber crime, will be the first witness called.
Google has lost its case against the FBI's secret warrantless requests for citizen's private and sensitive data, despite its claims — and a prior court decision that has yet to be appealed or go into effect — that the secret "gagging orders" are illegal.
Maine would become the first state to require law enforcement to obtain a warrant for tracking the location of cellphones under a measure that has passed through the House of Representatives. The House’s action followed a previous Senate vote by overturning a committee recommendation on the issue of cellphone privacy.
Jeremy Hammond of Chicago, a member of the Lulzsec hacking collective, pleaded guilty on Tuesday to conspiring to attack a global intelligence firm. As a crowd of supporters watched, Hammond, 28, pleaded guilty to a single count of conspiracy to engage in computer hacking.
Assuming that Texas Governor Rick Perry does not veto it, the Lone Star State appears set to enact the nation’s strongest email privacy bill. The proposed legislation requires state law enforcement agencies to get a warrant for all emails regardless of the age of the email.
The FBI has arrested a New York City police detective for stealing the login details of at least 30 people (including 21 NYPD employees, 19 of them officers), across 43 email accounts and one cell phone. He did it by hiring a contract hit man, of sorts.
In the wake of the AP scandal, in which federal investigators obtained the phone records of journalists using only a subpoena, four lawmakers have introduced legislation in the House that would prevent federal agencies from seizing any phone records without a court order.
The four British Lulzsec hackers — Mustafa "tflow" al-Bassam, Ryan "kayla" Ackroyd, Jake "topiary" Davis, and Ryan "ViraL" Cleary — were sentenced to between 20 and 32 months in jail for crimes committed during Lulzsec's 50 day hacking spree in 2011. The handling of charges of conspiracy to commit fraud brought against all four was also an important issue.
Using metaphors to explain concepts and data enhances the scientific testimony’s impact, meaning, and memory-value.
Extrinsic evidence can be a means to helping the examiner refine or interpret what was found (or not found) on the media, the subject of the investigation.
Gary Kessler explores the acceptability of digital evidence in court as regards the Federal Rules of Evidence.
The purpose of this article is to provide laboratories with an overview of a logical sequence towards, and identify the prerequisites required for, accreditation.
Open source forensic tools may not be easy to work with, but can save a lot of grief down the road when used to validate results from proprietary tools.
A look at the effects of Briscoe v. Virginia and subsequent case law on the enforcement and application of Melendez-Diaz v. Massachusetts.
The final function of an expert witness is to testify live at trial. It is your chance to influence the judge and jury who will ultimately make the key decisions in the case. In many cases what you say and do at trial will make or break the case.
Your deposition is the first opportunity an opposing attorney has to meet you in person and to examine you in a question-and-answer format. You should listen to the question and provide only as much testimony as is necessary to respond truthfully to the question.
In most cases a computer forensic expert is called upon to prepare a written report before testifying in court. The report must contain specified items. The key is providing enough information to meet the requirements without providing too much information, setting you up for more cross examination.
Rule 26 of the Federal Rules of Civil Procedure was amended in 2010, and as of December 1, 2010, the changes to the rule have significantly altered the type and scope of information that can be obtained from an expert witness in the course of discovery.
Before you can be offered as an expert you must establish your qualifications. In federal court you must be able to meet the reliability standards defined in Daubert v. Merrell Dow Pharm.