Computer era was established after the implementation of most country’s legislation and formulation of various Acts and policies. For a long time, with the growth of technology and continuous upgrades of developments, different malicious activities have been enhanced through the use of computer and the systems making it hard for the courts to find essential evidence that could help in providing a fair and just decision. As reckoned by Margaret Rouse (2013) computer forensic is defined as the study and investigation to technology devices that include computers and phones among others to analyze and store evidence that can be presented in authorized institutes like the courts. Despite the slow catching up of the law with the increasingly advanced technology, tremendous improvements have been made to ensure that security is enhanced the rights of citizens protected. Therefore, the primary goal of using computer forensics is to investigate on the activities that occurred through the use of the specified computer device while identifying the individual behind all that. Besides, the information sought is documented and provided as evidence required by individuals or institutes who requested for the search. The technique and applications used, can locate damaged, hidden or encrypted files making it easier for the institute to analyze information found.
Seizures and searches of computer devices by police to find relevant information that can be used in particular cases under investigations must follow proper legal procedures to ensure that the law is supported to the latter and that the privacy rights of the device’s owner are not violated. In consideration of the fact that most of the digital tools that include phones and computers possess extensive and sensitive personal information and details of the owners hence require protection from outsiders including the government and its entities. Hence the need to protect the data in the devices despite the requirement to investigate them and analyze information found.
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According to Steven Bellovin (2016), investigators must apply the ‘Reasonable expectation of privacy’ under the Fourth Amendment which protects individuals from being exploited and intimidated. Therefore, before any search computer devices in question, a warrant provided by the courts must be issued. During the investigation, the individuals responsible for the application of the computer forensics must ensure that they do not in any way interfere with the files and documents in the device. Therefore, to work on the computer device, a copy of all its contents must make and the original one locked in a safe place. The investigators work on the copy and identify any hidden files, encrypted documents or duplicated information that suits the case being analyzed. In case of any found malice from the copies made, the information is documented and evidence forwarded to the responsible authorities. Before the device with the original information is handed back to the owner, the courts must determine whether or not it is safe to hand over the device.
The government and legal authorities have a right to search any computer media that is under investigation for purposes of finding concrete information that can be used as evidence. On the contrary, proper legal procedures must be followed to ensure that the rights of the citizens and owners of the computer devices are not violated in any way. Moreover, whether or not the device may contain malicious data and information, computer forensic scientists are only allowed to duplicate the original contents for purposes of following the Fourth Amendment ‘reasonable expectation of privacy.’
References
Bellovin, S., Blaze, M., & Landau, S. (2016). Insecure Surveillance: Technical Issues with Remote Computer Searches. Computer , 49 (3), 14-24. http://dx.doi.org/10.1109/mc.2016.68
LII. (1992). Expectation of Privacy . Retrieved November 10, 2017, from Legal Information Institute (LII): https://www.law.cornell.edu/wex/expectation_of_privacy
Rouse, M. (2013, May). computer forensics (cyber forensics) . Retrieved November 10, 2017, from TechTarget: http://searchsecurity.techtarget.com/definition/computer-forensics
