An unbiased source in understanding digital evidence and digital investigative analysis.
An unbiased source in understanding digital evidence and digital investigative analysis.
At Amicus Brief for Digital Evidence, our mission is to provide unbiased, unparalleled expertise in digital evidence and cybercrime investigations. We have a strong interest in ensuring that courts understand digital evidence and digital investigative analysis methodology to inform their decisions and season well-meaning restrictions which restrict the government’s digital investigative analyst’s ability to analyze digital evidence in the proper context to ensure findings and conclusions are accurate. Further, we submit for better understanding the framework for User Attribution as a best practice when evaluating digital evidence. Employing this framework helps ensure that innocent individuals are not wrongfully implicated by digital artifacts beyond their knowledge, while guilty parties cannot evade responsibility through technical loopholes or ambiguous evidence. By requiring user attribution analysis, courts can significantly reduce the risk of wrongful convictions based on “some other dude did it” (SODDI) defenses and uphold the principle that guilt must be personal and proven beyond a reasonable doubt in the digital realm, just as in the physical world. Rather than imposing scope restrictions that are inconsistent with modern digital operating system, courts should require thorough analysis and meaningful proof linking defendants to alleged digital misconduct and that digital forensic evidence meets established evidentiary standards, nor should courts accept the lack of resources of staffing as an justification for substandard analysis and review of digital evidence. These briefs supports neither party exclusively but urges the Court to adopt a robust framework for attributing digital actions to individuals, consistent with constitutional due process and the Federal Rules of Evidence. We strive to empower people with the knowledge they need to better understand and navigate the complexities of digital evidence and investigations.