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Digital Forensics for Legal Professionals: Understanding Digital Evidence From The Warrant To The Courtroom
 
 
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Digital Forensics for Legal Professionals: Understanding Digital Evidence From The Warrant To The Courtroom [Paperback]

Larry Daniel (Author), Lars Daniel (Author)
5.0 out of 5 stars  See all reviews (2 customer reviews)

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Book Description

September 16, 2011 159749643X 978-1597496438 1

Digital Forensics for Legal Professionals provides you with a guide to digital technology forensics in plain English. In the authors' years of experience in working with attorneys as digital forensics experts, common questions arise again and again: "What do I ask for?” "Is the evidence relevant?” "What does this item in the forensic report mean?” "What should I ask the other expert?” "What should I ask you?” "Can you explain that to a jury?” This book answers many of those questions in clear language that is understandable by non-technical people. With many illustrations and diagrams that will be usable in court, they explain technical concepts such as unallocated space, forensic copies, timeline artifacts and metadata in simple terms that make these concepts accessible to both attorneys and juries.

The authors also explain how to determine what evidence to ask for, evidence might be that could be discoverable, and the methods for getting to it including relevant subpoena and motion language. Additionally, this book provides an overview of the current state of digital forensics, the right way to select a qualified expert, what to expect from a qualified expert and how to properly use experts before and during trial.

  • Includes a companion Web site with: courtroom illustrations, and examples of discovery motions
  • Provides examples of direct and cross examination questions for digital evidence
  • Contains a reference of definitions of digital forensic terms, relevant case law, and resources for the attorney

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Editorial Reviews

Review

"No competent lawyer is foolish enough not to appreciate the pervasiveness of digital evidence, or that digital forensics requires mastery far beyond his ken.  Larry Daniels' book provides the most comprehensive, nuts and bolts resource for trial lawyers on digital forensics.  This isn't the sort of book to skim and stick on the shelf, but to keep on our desk because we'll need it that often. This is part of the trial lawyer's bible." - Scott H. Greenfield, Criminal Defense Attorney, New York City

"This isn't your stock standard book focusing on how to do digital forensics, it's an innovative text focusing on preparing technical and legal professionals for dealing with litigation. This is a must-have addition to anyone's digital forensic/legal library." -Jonathan T. Rajewski, Professor of Digital Forensics, Champlain College

 

From the Back Cover

Digital Forensics for Legal Professionals is a guide to digital technology forensics in plain language. In the authors' years of experience in working with attorneys as digital forensics experts, common questions arise. This book answers those questions in a clear language that is understandable by non-technical people. The authors offer clear explanations of technical concepts such as unallocated space, forensic copies, timeline artifacts and metadata in layman's terms - making these concepts accessible to students, attorneys, judges, paralegals and corporate managers.

This book also explains how to determine what evidence to ask for, evidence that could be discoverable, and methods for obtaining it, including examples of relevant subpoena and motion language. Additionally, this book provides the right way to select a qualified expert, what to expect from a qualified expert, and how to properly use experts before and during trial.


Product Details

  • Paperback: 368 pages
  • Publisher: Syngress; 1 edition (September 16, 2011)
  • Language: English
  • ISBN-10: 159749643X
  • ISBN-13: 978-1597496438
  • Product Dimensions: 9.1 x 7.5 x 0.9 inches
  • Shipping Weight: 1.3 pounds (View shipping rates and policies)
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (2 customer reviews)
  • Amazon Best Sellers Rank: #103,171 in Books (See Top 100 in Books)

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Most Helpful Customer Reviews
1 of 1 people found the following review helpful
Excellent!!! May 3, 2012
By Kearney
Format:Paperback
Authors Larry and Lars Daniel have assembled a nearly perfect book: Digital Forensics for Legal Professionals: Understanding Digital Evidence From the Warrant to the Courtroom is a reference manual, instruction guide, and a best practices and lessons-learned archive that's essential reading for legal professionals working with digital evidence.

The topics covered in the book are designed efficiently and easily absorbed, with technical and legal concepts articulated by real-world examples. Technical concepts, such as HASH values, metadata, file carving, and thumbnail caches are simplified. Laws and acts, including civil and criminal proceedings, the Adam Walsh Child Protection and Safety Act of 2006, rules of discovery, and orders are explained clearly enough for non-lawyers to understand. Both authors have many years of practical hands-on experience, relevant certifications, and have spoken at dozens of events on the topic of forensics. By all accounts, the authors are experts and have been able to share their knowledge simply and articulately, while presenting forensic evidence, technical, and legal concepts eloquently.

The Daniels start chapters with an introduction to each topic, explain the topics with short but informational content supplemented with examples and graphics, and close with a recap of what was covered. The book is arranged into four sections: "What is Digital Forensics"; "Experts"; "Motions and Discovery"; and "Common Types of Digital Evidence." The four sections and the chapters contained within focus on areas that everyone working with digital evidence should be familiar.

They also act as an easy reference for looking up specific topics, such as working with and qualifying digital forensics experts within various disciplines; discovery motions and how to request discovery from third parties that store data, including the Stored Communications Act, Electronic Communication Privacy Act, HIPAA, and the Fourth Amendment; and the countless types of digital evidence and the preservation and acquisition of evidence from desktop computers to GPS devices to gaming devices to financial systems -- and everything else in-between.

Digital Forensics is the ideal companion for lawyers, paralegals, and technology and business professionals working with potential digital evidence on a day-to-day basis or within civil or criminal proceedings. More than just a good starting point or an introduction, the book is deliberate when explaining the concepts, including typical practices like usage of Faraday Bags for evidence that might be altered via wireless communications when powered on, video recording any manual examination process without any stops during video capture, collecting data from systems that should not or cannot be powered off or on without risk of spoliation during acquisition, assembling detailed documentation of acquisition activities, or how to approach the collection of digital evidence in the manner of a police crime scene investigation.

Digital evidence exists all around us on countless devices being every generated manually and automatically every day, so having a book like Digital Forensics as a reference is invaluable.

Lawyers can benefit by having a resource that explains the acquisition of evidence and the ways to request this information from various sources, provides an understanding of the technical concepts and practices of forensics, and offers some of the cautions of working with digital evidence. Paralegals, technology professionals, and e-discovery experts can benefit by being able to better assist attorneys, corporations, law firms, and clients to manage what can be a very intimidating process. Accidental or purposeful mishandling of evidence can lead to varying degrees of sanctions, including a default judgment, so knowledge of how to handle digital evidence is crucial.

There is so much valuable information contained within this book that I found it was difficult to put down once I started it. Its readability is excellent and I could directly and immediately apply the book's lessons to my day-to-day work within technology, project management, and electronic discovery. As I was finishing the final two chapters, an attorney came to me with a case project that included a digital evidence acquisition with multiple cell phones and, lo-and-behold, I was equipped to speak to the process of the data acquisition and intelligently begin the project due to this book.

Digital evidence is here to stay and the management of that evidence has been made easier to understand with Digital Forensics for Legal Professionals.

Title: Digital Forensics for Legal Professionals

Authors: Larry Daniel, Lars Daniel

Publisher:Syngence/Elsevier 2011

David J. Kearney is director of technology services at Cohen & Grigsby in Pittsburgh. Email: dkearney@cohenlaw.com.

Copyright 2012. ALM Media Properties, LLC. All rights reserved.

Reprinted with permission from Law Technology News. Further Duplication prohibited.
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Format:Paperback|Amazon Vine™ Review (What's this?)
This text has been invaluable to my cousin who just entered the legal world. As a lawyer, he is always up to continually taking in fresh information to help with his cases. Especially if it will help build and strengthen his defense team's knowledge. So, I picked this textbook up for him and he has already worn it through from cover to cover. The book literally looks about 10 years old and he has only had a few days!

He has raved about the incredible amount of useful information contained within this book and how he has countless notes and possible procedures taken down for future cases. He has even copied them off and given them to his close law school friends.

Digital evidence is becoming more and more concrete in legal cases and this book has brought an abundant amount of informative knowledge to my cousin and his friends. They are all very, very vocal about how useful this book has been to them. I highly recommend this just based on their positive feedback!!
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