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Computer Evidence: Collection and Preservation, Second Edition by Christopher L. T. Brown

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Risk-Sensitive Evidence Collection

The rate at which information technology advances and new developments are unveiled to the mass market can be staggering to any investigator. As outlined throughout this book, data storage continues to be a focal point to the forensics investigator, primarily because the speed at which we can access these new larger volumes of data rarely keeps pace. From a legal perspective, today’s legislation and statutory regulation are still struggling to keep up with the fast-paced digital realm. In his paper “Search Warrants in an Era of Digital Evidence” [Kerr01], Orin S. Kerr identifies inconsistencies in rule 41 of the Federal Rules of Criminal Procedure, which outline rules for search warrants. The current rule clearly ...

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