Digital Evidence Laws and Legislation

Would you like to gain insight on the laws regarding digital evidence? You’ve come to the right place. John R. Grasso explores how law enforcement is able to access someone’s digital files, and if this access is even legal.

In most cases, according the Electronic Communications Protection Act (ECPA), a warrant or subpoena is needed to search. If records are obtained illegally, it will be grounds for dismissal in the courtroom –in most cases.

With the advances in digital communications and devices, there’s an inundation of information widely available from email, social media posts, text messages, and other types of media that could be used as demonstrative evidence in the courtroom.

Many law enforcement departments furthermore have a Digital Evidence Unit to keep abreast of new trends in hacking or revisions by criminals attempting to alter evidence.

Clearing one’s name following these alterations can be challenging. However, with an equally digital savvy lawyer by your side, the chances of a better outcome are increased.

Examples of Computer Crimes Include:

  • Child Pornography – which involves the manufacture, distribution, or selling of porn with a child under the age of 18 years.
  • Fraud – in which perpetrators alter key records and logins. Embezzlement also falls under this subcategory of cybercrimes.
  • Virus and Hacking – with the intent to destroy or alter digital evidence.

Other examples of where digital evidence may play a role in a bringing a case together include when a past employee steals and distributes propriety information, or when there has been an workplace harassment allegation in effect.

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