ABSTRACT
This chapter begins by exploring two constitutional rights in the United States often challenged in cases involving digital forensic evidence: right to privacy (Fourth Amendment) and the right against self-incrimination (Fifth Amendment). Next, it explores the standards for admissibility of digital evidence in criminal cases in the United States. The chapter provides brief discussion of some international responses to issues similar to those facing the United States, including key disclosure laws and assessing the reliability of expert witness testimony. The key disclosure law is legislation that mandates a person to provide encryption keys or passwords to law enforcement for digital forensic investigations. The chapter highlighs the inconsistencies between state and federal legislation in the United States, as well as a variety of international judicial systems. Finally, it discusses the admissibility and reliability standards for digital forensic examiners providing expert testimony in the courtroom.
