Forensic Act and Laws

The foremost dilemma with the study of electronic law is that it is very complicated to confine its study within simple parameters, Internet and e-commerce do not define a distinct area of law as with contract and tort law. Electronic law crosses many legal disciplines, each of which can be studied individually.

Cybercrime

There will always be those in the world who wish to gain some benefit without actually paying for it. As a result the electronic law will also cross over certain aspects of criminal law.

Harassment and Cyberstalking

Whether is is racial or sexual harassment, stalking, bullying at work, or neighbors from hell, harassment is a form of discrimination that is generally prohibited by legislation, Harassment in the workplace is something employers must not tolerate, and includes and form of unwelcome, unsolicited, or unreciprocated behavior that is reasonable person would consider offensive, humiliating, or intimidating.
Cyberstalking is the distribution of malicious communication through e-mail and the Internet. Although based on new technology, it is in principle precisely the same as many other form of malicious communication and can be dealt with through the usual civil and criminal law methods. The distribution of offensive e-mail through the Internet and such communication will also constitute an offense under a variety of statues (such as the Malicious Communication Act in the U.K)

Pornography and Obscenity

Pornography is a big business on the Internet and has even been seen by some as its foundation. In the U.S., pornography is protected as speech under the First Amendment of the Constitution. Obscenity, on the other hand, is not protected. Obscenity may be legally possessed in an individual's private home, but generally its distribution is illegal.

Searches (and the Fourth Amendment)

In much of the common law world, law enforcement needs to obtain a legal authorization in order to search and seize evidence. Generally, this power is granted through a request for a search warrant that states the grounds for the application, including the law that has been broken. In the United States, the requirements further require that the application describes the specific premises to be search, as well as the items being sought.br />
In the physical world, there is a real limit on the length of time during which a search can be conducted, This rule does not impose much of a limit on electronic searches. Since the investigator is able to make a copy of the digital evidence (such as a hard drive), they are able to continue to search those files both for "string," which are beyond the scope of the original warrant, and do so at their leisure.

The Fourth Amendment rule is that an investigator executing a warrant is able to look in any place listed on the warrant where evidence might conceivably be concealed. Traditionally, an investigator was precluded from looking into any location beyond the area of the evidence they wish to seize. Electronic evidence, however, may be stored anywhere. The result is that in investigator can electronically look anywhere in search of digital evidence.

Anton Piller (Civil Search)

An Anton Piller order is a civil court order providing for the right to search premises and seize evidence without prior warning. In the U.S., the Business Software Alliance has used those orders as a remedy when they are attempting to stop illegal software use (termed software piracy) and copyright infringement to achieve the recovery of property.

Evidence Law

Electronic evidence in law is the legal recognition and evidential value in litigation of evidence in digital format.