Here’S What You Need To Know About The New Tax Law

July 13th, 2009 at 02:54pm Under Computer Law

How to Perfect your Law School Essay

July 13th, 2009 at 08:54am Under Computer Law

A dear friend of mine decided to go to law school at fifty years of age. This is something that she had always wanted to do but did not have the time or finances for until she was fifty. The first year of school she worked full time as a social worker in the same agency with me along with taking three classes. I could not believe that she was able to complete the tasks that she needed to do for our high stress jobs in addition to studying and reading for her classes. She did say that the one thing she was not prepared for was the law school essay. She has always had an easy time taking test, but the law school essay is a completely new concept for her.
Two of the first classes she was taking had only one grade for the class and that was the score that you received on the written exam at the end of the semester. The reason they have some up with the law school essay is to have the students practice placing what they are learning into their own words. The thought is that writing the essays will help the student when they need to write briefs for court hearings. It also helps them learn to defend their stance on a certain point of law. For the timed tests the student is allowed to bring a lap top computer to the class; however it does need to be thoroughly examined to insure that the person is not cheating. I was surprised when my friend told me that the majority of the students hand write their law school essay rather than use a computer. She does this the majority of the time because her husband uses the lap top computer for work and so he does not want to risk losing information when the school checks the computer prior to the tests.
The students also have to wait for a long period of time to get the scores from the tests because each law school essay has to be read by the professor teaching the course. This must be a tedious job for the professors when they have to deal with several different students with various kinds of hand writing. They use this same procedure for the bar exam that each student needs to pass prior to becoming a practicing attorney. The bar exam is given over a two day period and includes one day of multiple choice questions and one day of more law school essay questions. Both portions of the exam are timed.
The essay portion includes five areas of the law. My friend had a difficult time the first time she took the bar exam because one of the questions was on tax law, which she does not have a great deal of interest in. This one essay kept her from passing the bar. She then had to study and wait for six months before taking the test again. She was able to pass the exam the second time she took it and is now a practicing attorney.

Making The Law Of Attraction Work

July 13th, 2009 at 02:54am Under Computer Law

The Law of Attraction exists. It has always existed and as far as we are aware it will always exist as long as the universe does! So how come it doesn’t seem to exist for you?

Many people have watched the film ‘The Secret’ and after feeling motivated and positive have diligently followed the advice given by the teachers in the documentary. However, very few get the results they were aiming for. Why is this? Ok, so if the law of attraction really does exist and is working every minute of everyday why can’t you get it to work for you? Are you in some way different? Do you think the rules of the universe do not apply to you? Of course not! It does, however, feel that way most of the time.

The problem with your inability to get any real tangible results from using techniques designed to utilize the law of attraction is not with the law itself but rather your understanding of it!

The problem really lies with documentaries like ‘The Secret’ because they do not give you the full story. In fact they withhold the greatest secret of all!

The reason why you do not get the results you want from the law of attraction is due almost entirely to your unconscious thoughts. The truth is there are a multitude, (thousands if not millions), of unconscious programs running around in your head like rogue computer programs in a computer system. Your subconscious programs are your beliefs. If these programs are in direct conflict with your conscious desires then these desires can never manifest in your life.

Even if you are lucky enough to use the law of attraction to bring a few of your desires to you, your subconscious programs will quickly ensure they are taken away again! Sound familiar?

We have all had the experience of getting unexpected money just to have it sucked up on bills or other expenses so that we never really get to enjoy it! This is a perfect example of subconscious programming sabotaging our lives.

These negative subconscious beliefs run in the background noise of our minds and are often so subtle that we are not even aware they exist. These subconscious programs are like viruses that infect a computer. Just like a computer your mind is being hindered by these viruses – your negative beliefs. Negative subconscious beliefs literally mess with the operating system of your mind!

It takes diligence to find these negative beliefs. However, once you identify them it is relatively easy to remove them. Once you are aware that you have a negative belief often this is enough to eliminate it as you see the futility and errorneous nature of it!

If you can find and remove your own unconscious beliefs i.e. those negative beliefs and feelings that are in conflict with your desires, then you would find the things that you want in life would just drop into your lap! The law of attraction would work effortlessly for you because all you have to do is think about what you want without any negative thoughts creeping in and you would immediately begin to attract it to you!

If you take the time to observe your everyday thinking, you will soon identify your negative subconscious programs and begin removing them. Then through the natural course of the law of attraction all those things you now desire will begin to come your way.

The Law Of Attraction And How To Become Debt Free

July 12th, 2009 at 08:54pm Under Computer Law

Using the Law of Attraction to become debt free may well be your first step to a better financial future!
Statistics have shown that many people do not know how many credit cards they have in their wallets and last year more than 1.5 million Americans have filed for personal bankruptcy. This has been a considerable increase in bankruptcy cases from the year before.
Many people experiencing a heavy financial burden. If this has been your experience you can get help when using the Law of Attraction to get out of debt once and for all.
The Law of Attraction is a cosmic law that work every time and that works exact. There are no exceptions. The knowledge of the Law of Attraction can now help you to turn your financial situation around . You can become debt free forever! But do not expect things to happen just overnight. Everything is a process. It took some time to get you were you are right at this minute when it comes to your financial situation. You did not accumulate this debt overnight. So do not expect it to go away overnight. With determination and consistency you can however make some big changes when it comes to your finances.
Many people have already used this ancient knowledge since the Secret DVD was first aired. Even Oprah and Larry King Live have had talk shows on the same subject. So more and more people are familiar with this law and how it works. There are many books written on it also. You can even right there in the comfort of your own home in just a few minutes learn a great deal abut the Law of Attraction.
The Law of Attraction is also called the Law of Love. Love is the highest vibration in this universe that is why love is so important. The way you are vibrating has everything to do with the things that you are attracting into your life. You may not believe this but it is true! You may have been unconsciously attracting the debts into your life experience.
So what can you do to make this a total turn around when using the Law of Attraction?
Here are just 3 simple steps that will get you started to a debt free future:
1. Sit down and make a list of all your debts. Write down you the name of the credit card company, retail store, and any other credit you owe. Next to the name write down the amount that you owe and then make room for the amount of interest that you are paying at this time. Then take out another piece of paper that is blank. Tape the blank piece of paper and write as a headline credits successfully paid off and tape it on the left hand side of your computer the list with all your credits, owed amounts and interests on the right hand side of your computer. Now you can see with one look at everything you owe. As you pay off the smallest owed credit first write this down on the blank sheet of paper on your left side of the computer and check it on the list on the right side of your computer. Make a new list every three month or every quarter of the year. Compare it with the first list and see for yourself how every month gets you closer to your goal of being debt free. You can see how the amounts owed and the interest that you are paying every month getting smaller. Every time you are able to write another credit off write it on the sheet on the left side. This helps you visually to keep up with your finances.
2. Along with this you want to get started in reprogramming your mind to make better choices when it comes to financial matters. You can do this by learning through books how rich people think. When you want to spend money or buy something think before you go ahead with the purchase. Ask yourself how often would you use this item and do you really need this item. This may help prevent you from impulse buying. When using the Law of Attraction you will learn more about yourself and how you can change thought patterns that are not helpful when it comes to money
Meditation helps you to work along with your subconscious mind to become a person that is debt free and takes full control over financial matters.
There is a heap of information available on meditation and how it works best for you.
3. Affirmations are also important when using the Law of Attraction to become debt
free. Do not focus on how much you owe but think about how it feels to be a person without debts. This may be difficult to imagine for you but you need to try it. Remember that the Law of Attraction only responds to your feelings and emotions, so you want your feelings and emotions to match with what you want!
Feel debt free and financial independent even if the current financial situation is very different! You already have taken care of your list now you can set up a reasonable payment plan and stick to it. Do not sit down and worry constantly about it but look into the future at a time when your debts are not a reality anymore. Try to avoid t making the same mistakes. Learn from your current situation. Continue to use the power of the Law of Attraction and get the mind of a money magnet. Keep focused on that and you will succeed!
Learn more about the Law of Attraction and make it work for you!

Computer Forensics as a Way of Investigation

July 12th, 2009 at 02:54pm Under Computer Law

There are many criminal cases where investigation is required. Investigators make use of the latest science and technology during investigation to get some proof or evidence for legal purpose while dealing with criminal matters. Doing such investigation by making use of latest technology and science is often called forensics. While the art and science of applying computer science to retrieve evidence to use within criminal or civil courts of law is called computer forensics.

Computer forensics experts make use of advanced tools that goes above and beyond the normal data collection and are able to recover even damaged and deleted files. The art of computer forensics include various processes to examine the computer system carefully to search for evidence. Mostly, computer forensics experts carefully examine and check for suspected data in computer data storage devices including hard drives and portable data devices like Micro Drives, USB Drives External drives and many more. The process also involves reviewing the Windows registry for suspect information, discovering and cracking passwords, keyword searches for topics related to the crime, and extracting e-mail and images for examination.

The first step in obtaining computer forensic evidence is obtaining a search warrant to seize the suspect system. This warrant must include wording allowing the investigators to seize not only the computer, but also any peripherals thought to be connected with the crime. A suspected counterfeiter, for instance, may have used his computer, a scanner, and a printer to produce his counterfeit documents, in which case all three items would need to be seized to provide evidence.

A thorough Computer forensic examination and its subsequent analysis is not something that can be done by anyone, a specialist in the field will be required to examine any suspect computer system that has been seized for this purpose. He will be able examine it as a detective rather than as an IT expert, he will not chase after isolated piece of information; instead he will let the clues and the digital data as a whole tell the story. To do this, and ensure that the evidence is acceptable to a court, he needs a foot in both camps – IT expert and detective. Computer forensics is done in a fashion that adheres to the standards of evidence that are admissible in a court of law. The main motto of computer forensic experts is not only to find the criminal but also to find out the evidence and the presentation of the evidence in a manner that leads to legal action of the culprit. They Identify sources of documentary or other digital evidence, preserve the evidence, analyze the evidence and finally present the findings. It can help companies track and recover millions of dollars of stolen digital assets. Many types of criminal and civil proceedings can and do make use of evidence revealed by computer forensics specialists including insurance companies, large corporations, criminal prosecutors, law enforcement offices, civil litigations and even individuals in support of possible claims of sexual harassment, wrongful termination or age discrimination.

Different countries each have their own computer forensic methods, standards, and laws. What is acceptable evidence in one country may not be in another. This is a serious problem when dealing with international crimes, as computer crime often is. The Internet may have no boundaries, but law enforcement does. Investigations that leap from server to server, from country to country, crossing many borders on the way are complicated not only by evidence handling differences, but also by political differences and legal differences.

Combat Crime With the Help of Law Enforcement Training Online

July 12th, 2009 at 08:55am Under Computer Law

When people hear about the availability of law enforcement training online, the most common reaction is one of shock and disbelief. In our minds, law enforcement is synonymous with police, and thus with firearms. And of course, learning how to properly care for and use a weapon is not something that can be taught online, even with all the visual aids available nowadays. But law enforcement does not always mean patrolling the streets or catching criminals. There are many different kinds of crime, and the methods of combating of some of those crimes can be taught through books. Or, in this case, through the Internet.
The term “computer crime” refers to a crime where a computer is considered the tool, target or place where the crime is committed. When a computer crime occurs, the case is not handed to patrolmen or detectives, but instead to members who are trained to respond and stop the offenders in situations like these. It is not uncommon for these professionals to have undergone law enforcement training online. After all, what better way to stop a hacker than to learn how he operates?
Training for this branch of law enforcement requires not only intricate knowledge of computer systems and how to use them, but also some practice with programming languages. The fastest way to learn something is to find your way up against it, and that is exactly what happens. Teachers put their students to the test and an online battle is fought during classes: who can hack faster than the other? It is difficult, stressful, and it can not be taught out of books.
Of course, computer crime is not concerned with hackers alone. The branch includes fraud, theft, blackmail, forgery and embezzlement and many more, as long as a computer is used at some time during the crime. Police departments often work hand in hand on cases such as the ones mentioned above; the division concerned with cyber crimes will focus on tracking them down through the computer, while others will look for answers in the real world.
Cases are solved faster this way, and the mistakes made during the process are less. In the end though, it doesn’t really matter if you got your basic education on law enforcement from your local training school or from law enforcement training online; your performance will be what distinguishes you as an officer of the law.

The New Identity Theft Law: Will It Work?

July 12th, 2009 at 02:54am Under Computer Law

Identity theft is now a pandemic, and a scourge for its victims. Is the federal government finally ready to fight back? The Identity Theft and Restitution Act of 2008 was recently signed into law by President Bush. The new law is supposed to make it easier for the government to convict those charged with pursuing computerized identity theft. Supporters tout this legislation as allowing federal prosecutors to be more aggressive in cracking down on identity theft cyber crime. But will it work to protect millions of future victims? The new law provides for the following: 1. Discarding the requirement that damage to a victim’s computer exceed $5,000 over a one year period before charges can be asserted for unauthorized access to a computer. 2. Eliminating the interstate jurisdictional requirement, thus allowing prosecution of those who steal personal information from a computer, even when the victim’s computer is located in the same state as the thief’s computer. 3. Allowing victims of identity theft to seek restitution for an amount equal to the value of the time reasonably spent to fix their problems. 4. Adding the charge of a conspiracy to commit cyber crimes. (The prior law only allowed for charges related to the actual crime, and made no provisions for conspiracy to commit the underlying charge.) 5. Adding the remedies of civil and criminal forfeiture to better allow federal prosecutors to combat cyber crime. Individuals found guilty of violating the act can be forced to forfeit both property used in commission of the cyber crime, as well as property obtained from any proceeds gained from the cyber crime. 6. Making it a felony to electronically damage ten or more computers no matter the value of the damage caused. 7. Making it a crime to threaten to steal or release information from an individual’s computer. (Prior law only permitted the prosecution of those who seek to extort companies or government agencies by explicitly threatening to shut down or damage a computer.) It is intended that the new law will allow federal prosecutors to be much more aggressive in prosecuting identity theft criminals. Elimination of both the $5,000 damage requirement and the interstate jurisdictional requirement should make it easier for prosecutors to bring charges. But will it really help? The federal government has tried to keep up with identity theft for years with few results. If the feds are truly interested in stamping out the pandemic, it is with the enforcement of the laws, and not just new laws, that will turn the tide. Still, there are encouraging signs that a wide ranging effort is being made. The IRS is helping out by allowing in this next year all but the last four digits of taxpayer ID numbers to be blocked out on 1099’s, W-2s, and other informational returns. There is privacy in that move.

Data Theft in Cyber Space – Issues and Laws

July 11th, 2009 at 08:55pm Under Computer Law

Data Theft in Cyber Space – Issues and Laws

The rapid development of Information technology poses new challenges before the law. These challenges are not confined to any single traditional legal category but arise in, for example, Criminal Law, Intellectual Property Law, Contract and Tort. One such challenge is the growing menace of “Data Theft”. It is the term used when any information in the form of data is illegally copied or taken from a business or other individual without his knowledge or consent.

 

Data as a valuable asset

Data is a valuable asset in this modern era of Information Technology (IT).  Data is an important raw-material for Call Centers and I.T. Companies. Data has also become an important tool and weapon for Corporates to capture larger market shares. Due to the importance of Data in this new era, its security has become a major issue with the I.T. industry.  The piracy of data is a threat, faced by the I.T. players, who spend millions to compile or buy data from the market.  Their profits depend upon the security of their Data. 

 

Issues

The major issue regarding Data Theft is its International character, for example Systems may be accessed in USA, the data manipulated in China and the consequences felt in India. The result of this ability is that different sovereignties, jurisdictions, laws and rules will come into play which again is an issue in itself. Further, collection of evidence in such circumstances become another issue as investigation in three different countries, all of whom may not be in talking terms, is almost impossible and poor technical know-how of our cops adds to the woes. Also, the lack of coordination between different investigating agencies and a not-so-sure extradition process is another head ache. However the biggest of all these issues is the lack of specific laws in the country dealing with this crime, so even if the culprit is caught he can easily get away by picking and choosing any of the of various loopholes in our law.           

 

Does India have sufficient Laws?

The problem of data theft which has emerged as one of the major cyber crimes worldwide has attracted little attention of law makers in India. Unlike U.K which has The Data Protection Act, 1984 there is no specific legislation in India to tackle this problem, though India boasts of its Information Technology Act, 2000 to address the ever growing menace of cyber crimes, including data theft. The truth is that our IT Act, 2000 is not well equipped to tackle such crimes. The various provisions of the IT Act, 2000 which deal with the problem to some extent are briefly discussed below.

Section 43:- This section provides protection against destruction and unauthorized access of the computer system by imposing heavy penalty up to one crore. The unauthorized downloading, extraction and copying of data are also covered under this section. Clause ‘C’ of this section imposes penalty for unauthorized introduction of computer viruses of contaminants. Clause ‘G’ provides penalties for assisting the unauthorized access.

Section 65:- This section provides for computer source code. If anyone knowingly or intentionally conceals, destroys, alters or causes another to do as such shall have to suffer imprisonment of up to 3 years or fine up to 2 lakh rupees. Thus protection has been provided against tampering of computer source documents.

Section 66:- Protection against hacking has been provided under this section. As per this section, hacking is defined as any act with an intention to cause wrongful loss or damage to any person or with the knowledge that wrongful loss or damage will be caused to any person and information residing in a computer resource must be either destroyed, deleted, altered or its value and utility get diminished. This section imposes the penalty of imprisonment of up to three years or fine up to two lakh rupees or both on the hacker.

Section 70:- This section provides protection to the data stored in the protected system. Protected systems are those computers, computer system or computer network to which the appropriate government, by issuing gazette information in the official gazette, declared it as a protected system. Any access or attempt to secure access of that system in contravention of the provision of this section will make the person accessed liable for punishment of imprisonment which may extend to ten years and shall also be liable to fine.

Section 72:- This section provides protection against breach of confidentiality and privacy of the data. As per this, any person upon whom powers have been conferred under IT Act and allied rules to secure access to any electronic record, book, register, correspondence, information document of other material discloses it to any other person, shall be punished with imprisonment which may extend to two years or with fine which may extend to one lakh rupees or both.

 

Can Data Theft be covered under IPC?

Section 378 of the Indian Penal Code, 1860 defines ‘Theft’ as follows:-

Theft – Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.

 Section 22 of I.P.C., 1860 defines “movable property” as follows:-

            “The words “movable property” are intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.”

            Since Section 378 I.P.C., only refers to “Movable Property” i.e. Corporeal Property, and Data by itself is intangible, it is not covered under the definition of “Theft”.  However, if Data is stored in a medium (CD, Floppy etc.) and such medium is stolen, it would be covered under the definition of ‘Theft’, since the medium is a movable property.  But, if Data is transmitted electronically, i.e., in intangible form, it would not specifically constitute theft under the IPC. 

 “Data”, in its intangible form, can at best be put at par with electricity.  The question whether electricity could be stolen, arose before the Hon’ble Supreme Court in the case “Avtar Singh vs. State of Punjab” (AIR 1965 SC 666).  Answering the question, the Supreme Court held that electricity is not a movable property, hence, is not covered under the definition of ‘Theft’ under Section 378 IPC.  However, since Section 39 of the Electricity Act extended Section 378 IPC to apply to electricity, so it so became specifically covered within the meaning of “Theft”. It is therefore imperative that a provision like in the Electricity Act be inserted in the IT Act, 2000 to extend the application of section 378 IPC to data theft specifically.  

 

What do we need and why do we need?

It is imperative in today’s world that an emerging IT super power like India has a comprehensive legislation to protect its booming IT and BPO Industries (worst affected industries) against such crimes. Though the IT Act may appear sufficient in this regard but it is not comprehensive enough to tackle the minute technological intricacies involved in such a crime which leaves loopholes in the law and the culprits get away easily. Since this problem is not confined to one nation and has international dimensions, India must look forward to be a signatory to any international convention or treaty in this regard. Also it high time that our national police organizations are trained to deal with such crimes.    

 

Computers May Be Slowing Down

July 11th, 2009 at 02:55pm Under Computer Law

In 1965 Gordon Moore, the co-founder of Intel, wrote a paper that made the observation that computers will double in speed every two years. This maxim, now called Moore’s Law, has held true for decades. It would appear now however that within the next ten years Moore’s Law may no longer be valid.
Moore’s Law specifically refers to the number of transistors that can be placed on a computer chip, and how that number could easily be doubled by manufacturers every two years. Manufactures have readily met the requirements of this law since its inception, and as of 2008 the transistors that are applied to computer chips will be so small that over 3.9 million of them would fit on the head of a pin.
Gordon Moore now says that by 2020 the laws of physics will catch up to computer chip manufacturers and Moore’s Law will no longer be a valid measuring tool. Mr. Moore revealed this information while speaking about the new Intel chip being marketed as the Penryn Processor. This new chip will not be widely available till 2009, and its circuitry is 45 nanometers wide (1 billionth of a meter wide) and contains over 800 million transistors.
The fact that Moore’s Law specifically refers to number of transistors and not computing speed has now become important. The two have been used interchangeably for decades, but it would seem that can no longer be the case. Many experts believe that although the laws of physics will break down Moore’s Law, computing speed will continue to increase at the same rate or possible even faster. This will be done through alternative methods of chip manufacturing. One type of alternative manufacturing is called nanotechnology which would focus on putting chips together a single molecule at a time. Jim Tully at Gartner group said, “You might refer to this new breed of chips as ‘molecular devices’”. Science fiction may become science fact over the next decade as these molecular devices are even now in development.
While faster chips are a concern for the manufactures, utilizing this speed is the concern of the end user. Chips that contain billions of transistors are irrelevant if the software the computer is running cannot take advantage of the speed. This has been the case with Windows XP of late, and one of the reasons Microsoft released Vista. The new software is designed to take better advantage of newer and faster chips as well as higher degrees of computer memory. “Although the Vista 32 bit version only uses up to 4 gig of RAM (same as XP), the Vista 64 bit version can support 128 gig of RAM or more”, says Dan Crawford, former Microsoft employee and software enthusiast. There are no PCs currently capable of actually accepting 128 gig of RAM so this issue should be moot for a long time.
Once software producers catch up to the chips available even now, the speed in which users enjoy on there computers will be greatly increased. Chip speed is still an important concern, but perhaps not more so than the ability to actually utilize that speed on a regular basis.

Computer Forensics is Different for Police and Other Law Enforcement

July 11th, 2009 at 08:55am Under Computer Law

Copyright (c) 2008 Steve Burgess
Computer forensics practices and procedures can diverge significantly depending upon whether the investigation is criminal or civil litigation. Standards for data collection evidence can be different, as can the process of data collection and imaging. Furthermore, the consequences of the case may have dramatically different impacts.
A couple of quick definitions may be in order. Criminal law deals with offenses against the state – the prosecution of a person accused of breaking a law. These offenses may include crimes perpetrated against an individual. “The People”, in the form of a state representative (for instance, the District Attorney) makes formal charges and the accused must then face the government’s full resources. Guilty outcomes can result in fines, probation, incarceration, or even death.
Civil law covers everything else, such as violations of contracts and lawsuits between two or more parties. The prevailing party often is entitled to payment, property or services from the loser. Imprisonment is not at issue in civil cases. As a result, the standard for evidence is not as high in civil cases as in criminal cases.
For the law enforcement computer forensics specialist, a certain amount of extra care should be taken in collecting data and producing results, for the standard of proof is higher. There are advantages on the data collection end, however. For once a court has authorized a search warrant, an officer (and possibly several) with badge and gun can go seize the defendant’s computer by surprise and by force. Once the computer has been seized and imaged, all data is accessible and may result in additional charges being brought against the defendant.
By contrast, in a civil case, there tends to be a lot of negotiation over what computers and what data can be inspected, as well as where and when. There is not likely to be any seizing of computers, and quite a long time may take place between the time the request to inspect a computer is made and the time the computer is made available to be inspected. It is common for one party to have access to a very limited area of data from the other party’s computer. During this time, a defendant may take the opportunity to attempt to hide or destroy data. The author has had several cases wherein the computer needed for analysis was destroyed before the plaintiff had the opportunity to inspect. Such attempts at hiding data are often discovered by the digital forensic sleuth, who may in turn present evidence of such further wrongdoing in expert witness testimony.
Opportunities for learning techniques and interacting with other professionals may differ as well. While some computer forensic software suites and training, such as Access FTK, EnCase, or SMART Forensics are available to most who can pay, others, such as iLook are available only to law enforcement and military personnel. While many support and professional organizations and groups are available to all, some, such as the High Technology Crime Investigation Association (HTCIA) are not open to professionals who provide for criminal defense (with a few minor exceptions).
Police, Homeland Security, and other law enforcement personnel’s goal is to generate a body of evidence significant enough (presuming such evidence exists) to find the criminal defendant guilty. The standard for information presented to the court and jury in such a case is fairly high. From the time digital data or hardware is seized and acquired, Rules of Evidence must be kept in mind (Cornell University has the complete and voluminous code on its website). Law enforcement personnel must follow accepted procedures or evidence could be thrown out. Acquisition of data and discovery in criminal cases often must follow sometimes strict and differing procedures depending upon whether the jurisdiction is federal, state, or municipality and at times depending upon a judge’s preferences.
The expert in a civil case may not analyze all of the data on a computer at a very deep level Initial efforts may rather be a kind of fact-finding mission, intended to determine the value of digging deeper and at greater expense. As such, the initial presentation of data may be fairly informal, and be just enough to induce the parties to settle the case. On the other hand, the data found may be so minimal the line of inquiry into electronic evidence is dropped.
Although we use many of the same tools, computer forensic professionals in private practice and those in law enforcement are held to different standards, have access to different resources, and their work results in substantially different outcomes between the criminal and civil cases to which they contribute.