Digital Evidence Collection

The rules pertaining to electronic evidence used in federal courts may be changing soon.   What is important is this proposed change which states:

“Data copied from an electronic device, storage medium, or file, if authenticated by a process of digital identification, as shown by a certification of a qualified person that complies with the certification requirements of Rule 902(11) or (12).”

What this means is that using a IT person, or the “data custodian,” to collect digital evidence might not work unless that person can certify that s/he has followed industry standard best practices.

The article below argues that “an expert in forensic collections, be it an eDiscovery certified attorney, forensic or IT professional who understands the tools used to perform collection, rather than a custodian”  is probably the best person to use when collecting electronic evidence.

Article Discussing Rule 902 Changes

If your case involves collection of data from a computer, and you want to use your evidence in court, then let us help you.  At TEC Inquiries, we have years of experience with digital evidence collection and presentation in state and federal court.