Digital Forensics for Legal Professionals

Chapter 14. Overview of Digital Evidence Discovery

Information in this chapter:

• Discovery motions in civil and criminal cases

With the ubiquitous nature of digital evidence, it may seem as if finding and recovering digital evidence is a simple task. It is not. There are legal and technical barriers to obtaining digital evidence that must be overcome in every instance involving electronic data. Depending on the type and location of the evidence, if one can even make that determination, there are legal hurdles to cross before you can obtain that evidence, whether it is protected in some way by the Electronic Communications Privacy Act (ECPA), HIPAA, Fourth Amendment protections against unlawful search and seizure, or expectations of privacy in the ...