Identify two reported cases that have impacted the evidentiary process or analysis in digital forensic cases; student will cite the case and summarize the issue before the court; the majority of the analysis should be dedicated to the impact the cases had on the application of digital evidence in the criminal justice system or the manner in which the digital forensic analyst performs his/her function.
Students may use an unreported case with the instructor’s approval; instructors may pre-identify the cases, and the project will begin with the summarizations
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Project Requirements:
4 full pages minimum (approximately 2 pages per case)
Paper should be initiated with an introductory paragraph and ended with a conclusion
Cover page (not included in page count): course number, course title, title of paper, student’s name, date of submission
Format: 12 point font, double-space, one-inch margin
Bibliography/reference page (not included in page count): APA citation style, textbook included as a reference
You may use the following cases as examples of court decisions that impact on the collection and use of digital evidence:
United States v. Gourde, 440 F.3d 1065, 1077 (9th Cir. 2006) Court ruled that probable cause existed to search the defendant's home computer based in part on his two-month subscription to a website that offered child pornography. Noteworthy is the extent to which dissenting opinions expressed concern about the door being opened to governmental invasion of privacy as it relates to digital evidence. Statement from case: "For most people, their computers are their most private spaces."
United States v. Simons, 206 F. 3d 392 (4th Cir., February 28, 2000) - employees do not have a reasonable expectation of privacy regarding work related electronic communications.
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