Capital Litigation Initiative: Crime Scene to Courtroom Forensics Training

Webinar 8: Electronic Evidence Essentials

Electronic Evidence Essentials includes a general and legal overview of digital evidence, including the definition of digital forensics, the importance of electronic evidence, and the four Digital/Multimedia disciplines recognized by the Organization of Scientific Area Committees (OSAC) for Forensic Science. The panelists discuss available resources, as well as digital forensic expert witness considerations.

Discussions address the legal perspective of electronic evidence, including the different types of electronic data, case law and rules surrounding electronic evidence, and obtaining access to electronic evidence. The webinar explores the electronic evidence collection process from seizure of evidence through forensic analysis. Panelists highlight key collection and evidence preservation issues such as the relevance of locations, third party data holders, maintaining chain of custody, and the various forensic analysis methods used for data recovery. Panelists will also discuss the legal considerations that may impact courtroom proceedings.

Webinar panelists:

• Carol Henderson is the founding director of the award-winning National Clearinghouse for Science, Technology and the Law (NCSTL) and a Professor of Law at Stetson University College of Law. Professor Henderson has planned and managed NCSTL’S development since 2002. NCSTL provides the only comprehensive searchable database of science, technology, and law in the world (www.ncstl.org). Recognized as an international authority on forensic science and law, Professor Henderson has presented more than 280 lectures and workshops to thousands of forensic scientists, attorneys, judges, law enforcement professionals and military personnel worldwide on the topics of scientific evidence, courtroom testimony, and professional responsibility.
• Josh Brunty is a Professor in the Department of Forensic Sciences at Marshall University in Huntington, WV. Professor Brunty teaches in the areas of digital forensics and information assurance and focuses his research in digital forensics, mobile device forensics, network forensics, and image and video forensics. He earned his B.A. in Criminal Justice from Marshall University and his M.S. in Criminal Justice with an Emphasis in Digital Forensics/Information Security from Marshall University Graduate College. Prior to entering academia, Professor Brunty managed digital forensic research & casework laboratories at the Marshall University Forensic Science Center. He also worked as an examiner with the West Virginia State Police’s Digital Forensic Unit.
• Mark Rasch is a Principal Client Partner for Verizon Enterprise Solutions, in charge of strategy and messaging for global security solutions. He is also the principal at Rasch Technology and Cyberlaw, where he offers litigation, consulting and counseling services in the area of cyberlaw. Mr. Rasch received his J.D. from State University of New York College at Buffalo in 1983. Early in his career Mr. Rasch worked with the U.S. Department of Justice, where he started the Computer Crime Unit, which eventually led to the creation of the Computer Crime and Intellectual Property Section of the Criminal Division. He went on to serve as Chief Privacy Officer for Science Application International Organization (SAIC) and director of various information security consulting companies. Mr. Rasch also taught in the fields of cybersecurity, law, policy and technology at the University of Maryland, George Mason University, Georgetown University, and American University School of Law.

Course materials:

• Outline
• Learning Objectives
• Introduction to Digital Evidence, Josh Brunty
• Electronic Evidence (It's Not What You Think), Mark D. Rasch
• Further Reading List

View the webinar recording.

This webinar is designed for both prosecutors and defense attorneys. Attendees who complete this webinar will be eligible for Continuing Legal Education credits. The Stetson Office of Professional Education will work with each individual participant for reporting specifics. CLE applications will be made to Florida and other states per individual requests. Please email ope@law.stetson.edu for further information and state specific requests.

This project was supported by Grant No. 2015-CP-BX-K006 awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.