>3.Are there laws governing electronic evidence in US, and other countries
>>Well yes. If you make a nice table can i get a copy : )
Small list of those that I have had to refer to:
Canada Evidence Act
specifically :
Sec 31.1-31.4 - Authenticity of electronic documents, best evidence rule,
conditions for presumption of integrity, digital signatures
Sec 31.5 - Standards ; practices, procedures and standards generally
accepted within the community can be admitted as evidence in the
determination of admissibility
Sec 31.8 - Definitions of 'data', 'computer', etc.
Sec 46(2) - video tape testimony
Canada Personal Information Protection and Electronic Documents Act
Canada Business Corporations Act
Sec 22 - Somewhat relevant as it discusses in general terms, requirements
for the storage of records in electronic form.
Canada Bankruptcy and Insolvency Act
Part I Admin Officials, Sec 5 - Rules pertaining to copying of business
including electronic data
Sec 14.03(1b) - Powers of Superindendant - copying electronic data
Sec 16(5) - Powres of Trustees - withholding books/accounts/electronic data
Sec 253 - definitions of security, describes electronic evidence of any
kind evidencing a share, participation, right or interest in property,
enterprise, etc.
All too often investigators do not remain cognizant of the legal aspects
of the forensics process, which has in many cases resulting in much
headache. It is your responsiblity to understand and keep up to date with
those laws that pertain to the investigation at hand, even if your simply
the techie. Work with a lawyer that does.
- phzy
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