Digital Forensics for Legal Professionals

Understanding Digital Evidence From The Warrant To The Courtroom

By

  • Larry Daniel, Larry E. Daniel is one of the country's top digital forensic experts with experience in hundreds of civil and criminal cases.
  • Lars Daniel, Lars Daniel is a digital forensics examiner and forensic artist with Guardian Digital Forensics.

Digital Forensics for Legal Professionals provides you with a guide to digital technology forensics in plain English. In the authors’ years of experience in working with attorneys as digital forensics experts, common questions arise again and again: “What do I ask for?” “Is the evidence relevant?” “What does this item in the forensic report mean?” “What should I ask the other expert?” “What should I ask you?” “Can you explain that to a jury?” This book answers many of those questions in clear language that is understandable by non-technical people. With many illustrations and diagrams that will be usable in court, they explain technical concepts such as unallocated space, forensic copies, timeline artifacts and metadata in simple terms that make these concepts accessible to both attorneys and juries.

The authors also explain how to determine what evidence to ask for, evidence might be that could be discoverable, and the methods for getting to it including relevant subpoena and motion language. Additionally, this book provides an overview of the current state of digital forensics, the right way to select a qualified expert, what to expect from a qualified expert and how to properly use experts before and during trial.

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Audience

Attorneys, judges, paralegals, digital forensic professionals.

 

Book information

  • Published: September 2011
  • Imprint: SYNGRESS
  • ISBN: 978-1-59749-643-8

Reviews

"There is so much valuable information contained within this book that I found it was difficult to put down once I started it…Digital evidence is here to stay and the management of that evidence has been made easier to understand with Digital Forensics for Legal Professionals."--Law Technology News, May 4, 2012

"No competent lawyer is foolish enough not to appreciate the pervasiveness of digital evidence, or that digital forensics requires mastery far beyond his ken.  Larry Daniels’ book provides the most comprehensive, nuts and bolts resource for trial lawyers on digital forensics.  This isn’t the sort of book to skim and stick on the shelf, but to keep on our desk because we’ll need it that often. This is part of the trial lawyer’s bible."--Scott H. Greenfield, Criminal Defense Attorney, New York City

"This isn't your stock standard book focusing on how to do digital forensics, it's an innovative text focusing on preparing technical and legal professionals for dealing with litigation. This is a must-have addition to anyone's digital forensic/legal library."--Jonathan T. Rajewski, Professor of Digital Forensics, Champlain College

"There is so much valuable information contained within this book that I found it was difficult to put down once I started it. Its readability is excellent and I could directly and immediately apply the book's lessons to my day-to-day work within technology, project management, and electronic discovery. As I was finishing the final two chapters, an attorney came to me with a case project that included a digital evidence acquisition with multiple cell phones and, lo-and-behold, I was equipped to speak to the process of the data acquisition and intelligently begin the project due to this book. Digital evidence is here to stay and the management of that evidence has been made easier to understand with Digital Forensics for Legal Professionals."--Law Technology News




Table of Contents

Section 1: What is Digital Forensics?

Chapter 1 Digital Evidence is Everywhere

Chapter 2 Overview of Digital Forensics

Chapter 3 Digital Forensics - The Sub-Disciplines

Chapter 4 The Foundations of Digital Forensics - Best Practices

Chapter 5 Overview of Digital Forensics Tools

Chapter 6 Digital Forensics at Work in the Legal System

Section 2: Experts

Chapter 7 Why Do I Need an Expert?

Chapter 8 The Difference between Computer Experts and Digital Forensic Experts

Chapter 9 Selecting a Digital Forensics Expert

Chapter 10 What to Expect from an Expert

Chapter 11 Approaches by Different Types of Examiners

Chapter 12 Spotting a Problem Expert

Chapter 13 Qualifying an Expert in Court

Sections 3: Motions and Discovery

Chapter 14 Overview of Digital Evidence Discovery

Chapter 15 Discovery of Digital Evidence in Criminal Cases

Chapter 16 Discovery of Digital Evidence in Civil Cases

Chapter 17 Discovery of Computers and Storage Media

Chapter 18 Discovery of Video Evidence

Chapter 19 Discovery of Audio Evidence

Chapter 20 Discovery of Social Media Evidence

Chapter 21 Discovery in Child Pornography Cases

Chapter 22 Discovery of Internet Service Provider Records

Chapter 23 Discovery of Global Positioning System Evidence

Chapter 24 Discovery of Call Detail Records

Chapter 25 Obtaining Expert Funding in Indigent Cases

Section 4: Common Types of Digital Evidence

Chapter 26 Hash Values: The Verification Standard

Chapter 27 Metadata

Chapter 28 Thumbnails and the Thumbnail Cache

Chapter 29 Deleted Data

Chapter 30 Computer Time Artifacts (MAC Times)

Chapter 31 Internet History (Web and Browser Caching)

Chapter 32 Windows Shortcut Files (Link Files)

Chapter 33 Cellular System Evidence and Call Detail Records

Chapter 34 Email Evidence

Chapter 35 Social Media

Chapter 36 Peer to Peer Networks and File Sharing

Chapter 37 Cell Phones

Chapter 38 Video and Photo Evidence

Chapter 39 Databases

Chapter 40 Accounting Systems and Financial Software

Chapter 41 Multiplayer Online games

Chapter 42 Global Positioning Systems