Digital Forensics and the Law: Don’t Let Good Evidence Go to Waste

CISOs must determine if current investments in digital forensic practices meet the “litmus test” of producing legally admissible evidence.  

April 6, 2022 – Chief information security officers (CISOs) are responsible for incident response and digital forensics but generally lack the knowledge and experience to perform forensics investigations themselves. Many CISOs are not aware of their organization’s laws or procedures when performing computer crime investigations. However, they should know how to oversee an investigation and communicate effectively with legal counsel and law enforcement.

This Impact Report provides insights for both acquirers and providers of digital incident response products and services, introduces the primary Federal Rules of Civil Procedure (FRCP) relevant to digital evidence, and serves as a foundation guide for chief information security officers (CISOs) to discern if current investments in digital forensic practices meet the “litmus test” of producing legally admissible evidence. Aite-Novarica Group analyzed over 20 digital forensic products and service providers to assess the state of commercial digital forensics capabilities. The vendors reviewed in this Impact Report have what Aite-Novarica Group considers a demonstrated market presence. This report profiles the following vendors: Belkasoft LLC, eSentire, Exterro Inc., OpenText Corporation, Paraben Corporation, and PwC.

This 32-page Impact Report contains one figure and six tables. Clients of Aite-Novarica Group’s Cybersecurity service can download this report and the corresponding charts.

This report mentions American Society of Digital Forensics and eDiscovery; Association of Cyber Forensics and Threat Investigators; Association of Digital Forensics, Security and Law; Deloitte; Cellebrite; Cognitech Inc.; DotC Technologies Pvt Ltd.; EC-Council; the Federal Bureau of Investigation; ESentire; Global Information Assurance Certification; International Association of Computer Investigative Specialists; International Electrotechnical Commission; International Organization on Computer Evidence; International Organization for Standardization; International Society of Forensic Computer Examiners; National Initiative for Cybersecurity Careers and Studies; Magnet Forensics Inc.; National Institute of Standards and Technology; Premera Blue Cross; Kroll; KPMG; Scientific Working Group on Digital Evidence; Sumuri; Visa; Volatility Foundation; and X-Ways Software Technology.

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