Cyber Forensics and the Law: Legal Considerations 䡲 277
Although the Daubert test is certainly more liberal than the older, Frye standard, it still allows
the exclusion of testimony where the court is convinced that the method used to support the
opinion is simply too poorly designed to be trustworthy [17].
Keeping in mind that the “factors” of the Daubert opinion may not be appropriate for all forms
of expert testimony, consider using the following criteria:
Are the underlying premises upon which a technique or method rests empirically validated?
Is there a professional literature that describes the purposes to be achieved and the methods
whereby the aims of the fi eld can be reliably realized?
Are there professional associations or societies ...