Unformatted text preview: dence also means it cannot be
For evidence to be reliable, or accurate, it must be consistent with the facts. Evidence
cannot be reliable if it is based on someone’s opinion or copies of an original document, because there is too much room for error. Reliable evidence means it is factual
and not circumstantial.
NOTE Don’t dismiss the possibility that as an information security
professional you will be responsible for entering evidence into court. Most
tribunals, commissions, and other semi-legal proceedings have admissibility
requirements. Because these requirements can change between jurisdictions,
you should seek legal counsel to better understand the specific rules for your
jurisdiction. Surveillance, Search, and Seizure
Two main types of surveillance are used when it comes to identifying computer crimes:
physical surveillance and computer surveillance. Physical surveillance pertains to security cameras, security guards, and closed-circuit TV (CCTV), which may capture evidence. Physical surveillance can also be used by an undercover agent to learn about the
suspect’s spending activities, family and friends, and personal habits in the hope of
gathering more clues for the case.
Computer surveillance pertains to auditing events, which passively monitors events
by using network sniffers, keyboard monitors, wiretaps, and line monitoring. In most
jurisdictions, active monitoring may require a search warrant. In most workplace environments, to legally monitor an individual, the person must be warned ahead of time
that her activities may be subject to this type of monitoring.
Search and seizure activities can get tricky depending on what is being searched for
and where. For example, American citizens are protected by the Fourth Amendment
against unlawful search and seizure, so law enforcement agencies must have probable
cause and request a search warrant from a judge or court before conducting such a
search. The actual search can only take place in the areas outlined by the warrant. The
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