ABSTRACT
There are many new digital technologies improving crime scene investigation, but these methods have been widely accused of violating individual rights, meeting the burden of proof, and creating many ethical and constitutional considerations for technicians and law enforcement. Much like the technologies for fingerprinting, ballistics, and DNA, digital forensic technology is also widely questioned and continues to evolve. However, the increasing ease of access to advanced technology by the general public and the lack of written law governing the use of these technologies by law enforcement led to complex issues surrounding investigation and evidentiary support. This chapter will address the various perspectives (both theoretical and empirical) for several digital forensic technologies and how they are applied, ethical issues including boundaries in “search and seizure,” of digital information, privacy rights and data storage during and after investigations, intellectual property rights, and determining intent are discussed. Because technology is evolving at a faster pace, these are all issues that need to be at the foreground of law-enforcement agencies. The majority of investigations now rely on some form of digital forensic technology, and there is a lack of universal ethical guidelines and training for this type of investigation and vague rules defining the use of digital forensics for investigations and evidence; digital forensics can often seem more lawless than the criminals it is being used to investigate. Suggestions for improving ethical training of digital forensic investigators, guidelines for improving the appropriate collection of digital evidence and, creating clear boundaries for the use of this forensic information are discussed.
