Confluence of Digital Evidence and the Law: On the Forensic Soundness of Live-Remote Digital Evidence Collection.

Abstract

This article advocates the formal recognition of an evolved digital evidence acquisition process in light of the changing dynamics of computer searches and seizures. Other articles have argued for changes in legal procedural rules. This article addresses the other side of the coin, namely, that the changing contexts of computer search and seizure and digital forensic investigation demand an evolution in forensic acquisition methodology, and that this evolved methodology can meet the standards for evidence admissibility and reliability. This methodology entails evidence recovery on live systems via a remote connection (hereinafter, live-remote).