Ethics in Digital Forensics
Before starting to analyze evidence, it is important to understand that a forensic investigator has certain ethical and legal responsibilities. It is imperative that the investigation produces a true and accurate report on the content of the devices that have been examined. Unethical behavior, such as the fabrication of evidence or the withholding of potentially exculpatory evidence in a criminal case, is not acceptable for a forensic examiner. When such behavior is discovered, questions about the conduct of each and every examination performed by the suspected examiner will be raised, potentially resulting in exclusion of evidence, dismissal of cases, adverse inferences, losses at trial, and reversals upon appeal. A forensic examiner should always conduct the investigation and reporting with objectivity and without bias, even if the case involves details of a heinous nature.
A forensic investigator must also be aware of certain ethical and legal duties one has, which will vary by the type of case and the party that is represented. Generally speaking, the examiner has a duty to the party retaining his or her services, which would preclude disclosure of any information to an opposing or third party. However, in criminal cases, an examiner working on behalf of the prosecution has a duty to document exculpatory evidence, or evidence that shows that the suspect did not commit the crime. The prosecution then has a legal duty to turn over such evidence to the defense.
Unfortunately, despite the safeguards that are in place to make our legal system work the way it is supposed to work, injustices do occur. Thanks to the evolution of case law, certain unethical behaviors on the part of investigators might be legally acceptable. Similarly, some attorneys try to push the boundaries of propriety and disregard existing case law. It is important for a forensic examiner to avoid colluding with or enabling those who would not act beyond reproach. An examiner’s professional reputation could be ruined by association with an improperly conducted case.
