ABSTRACT
This chapter highlights the legal issues surrounding digital forensic evidence in the courtroom. It explores two constitutional rights in the USA often challenged in cases involving digital forensic evidence: the right to privacy and the right against self-incrimination. The chapter examines the standards for admissibility of digital evidence in criminal cases in the USA, along with a brief discussion of some international responses to issues that are being faced globally, including key disclosure laws and the reliability of expert witness testimony. It discusses the legal issues surrounding the Fourth Amendment and Fifth Amendment as they relate to cases involving digital evidence. The chapter highlights the challenges that digital evidence and investigators may face in presenting evidence at trial. It concludes with a discussion of the admissibility and reliability standards for digital forensic examiners providing expert testimony in the courtroom.
