RE: Forensic/Cyber Crime Investigator

["Craig Wright" <cwright () bdosyd com au>]

Hello,

I am going to keep this post to Au only. I have been a bit busy hence
the delay.

The worst issue in many peoples minds would be Tort. If the matter does
go to court and you have professed yourself to be a forensic
analyst/expert there are rules to be met and you may have issues proving
this. Those who have been involved in a court case will know that
opposing council will (if they can) do anything to attack your
credibility.

The issue is that losing credibility will effect not only the current
case but your career in digital forensic sciences [DFS] for all time.

Next is the actual damages. There are costs for a start and this is just
the start.

There are provisions and case law for both Civil and Criminal processes
concerning expert testimony and advice [I will expand this (including
the sections) if it is asked for - but only Au law this time].

Finally I will assume that most people do DFS professionally as a part
of a company or business (and not just as a free service).

For this we need to look to the corporations legislation (federal). In
this we have the following consequences;
1       False or Misleading statements
                Criminal code (application of)  [1.390], s 1308 A
                deemed                                  s 1308 (3)
                failure to take reasonable steps to prevent     s 1308
(4), (5)
                false information (error included)      s 1309 ASICA 64
                state of knowledge of officer           s 1309 (3)
                inducement to deal                      s 1041I(1B)
2       Misleading or deceptive conduct
                disclosure                                      s 729
                duty to inform                          s 730

Next we have the trade practices act. Than there is unconscionable
behaviour...

Shall I go on?

Regards
Craig

-----Original Message-----
From: evb [mailto:swiver () cox net]
Sent: 10 February 2006 5:24
To: security-basics () securityfocus com
Subject: RE: Forensic/Cyber Crime Investigator



:there are legislative implications with the :use of the word.
:


And what would those be?

Eric





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