Legal Issues

Computer crime threatens our commercial and personal safety. Computer forensics has developed as an indispensable tool for law enforcement. But in the digital world, as in the physical world, the goals of law enforcement are balanced with the goals of maintaining personal liberty and privacy. Computer forensic investigators must be aware of the legal environment in which they work, or they risk having the evidence they obtain being ruled inadmissible.

Forensic investigators should understand that before they seize a computer or other electronic hardware they must consider whether the Fourth Amendment requires a search warrant. They should be aware that if they wish to access stored electronic communications, they will need to comply with the Electronic Communication Privacy Act. If they wish to conduct real-time electronic surveillance, they will need to obtain a wiretap order from a judge.

Computer forensic investigators face ethical dilemmas. They must exercise their discretion wisely, balancing their prosecutorial zeal with respect for citizens individual liberties. Criminal investigators in America have grappled with these same issues for over two hundred years. Digital technology is not the first new era to challenge law enforcement. The railroad, telephone and automobile posed similar challenges. By following Constitutional principles and encouraging ethical behavior we will achieve the right balance between liberty and security in the digital age.