Chapter 7

Legal

Abstract

Legal search authority is the first step in the digital forensic process. This holds true for both civil and criminal cases. This chapter serves as an introduction to search and seizure, electronic discovery, and the Stored Communications Act.

Keywords

Probable Cause
Search and Seizure
Electronic Discovery
e-Discovery
Spoliation
Stored Communication Act
(SCA)
Remote Computing Service (RCS)
Duty to Preserve
United States v. Frye
Daubert v. Merrell Dow Pharmaceuticals

“I am not an advocate for frequent changes in laws and constitutions, but laws and institutions must go hand in hand with the progress of the human mind … as new discoveries are made … institutions must advance also to keep pace with the times.” ...

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