What Every Lawyer Should Know About Digital Forensics

March 2023

Abstract

Retaining a subject matter expert should provide you with not just the sound analysis of the technical subject but also an education for you and perhaps a judge and jury. So, what is digital forensics? Simply put, it is the art and science of finding and interpreting digital data to learn the truth. The sources of digital data are an ever-growing sphere of devices and systems. The two most common are computers and cell phones. This article will educate you about a few of the digital forensics topics that repeatedly come up in legal matters. The process often starts with knowing the right questions to ask. To do that you need a basic understanding of some key concepts such as: keyword searches, metadata, hash values, forensic (mirror) images, digital signatures, cell phone location data, and very large document productions. Proper application of these topics has resulted in many cases coming to a resounding close in courtroom verdicts or stopping some cases in their tracks before any legal document is ever filed. Can you prove something in particular happened? Can you prove that something didn’t happen? The two questions may sound similar, but they are in fact very different. Digital forensics may be the key.

Author

Jon Berryhill

President & COO, Berryhill Computer Forensics Inc., USA

Jon Berryhill holds a bachelor's degree from Lamar University in Engineering Computer Science and a master's degree in information technology from American Public University with a concentration in Digital Forensics. He has received training in computer evidence handling, analysis and investigations from the Air Force Special Investigations Academy, and has been working in the field of computer forensic investigations for more than twenty-nine years. He has led computer forensic investigations for law firms, major corporations and small businesses, as well as for the United States Air Force (USAF). As a major in the USAF, he was a special agent in the Air Force Office of Special Investigations, investigating crimes such as fraud, homicide, theft, child pornography, and counterintelligence. He has testified 51 times as an expert in digital forensics in the Superior Courts of the State of California, United States District Courts, and in military courts. Additionally, he has provided 31 expert depositions. His experience in conducting computer forensic analysis has included the analysis of more than 3400 computer hard drives and more than 6900 smart phones, floppy disks, tapes, CD-ROMs and other media. Since being in private practice, he has provided computer forensic analysis and support to many local, state and federal law enforcement agencies in their criminal and civil investigations. He has conducted examinations of computer hard drives in more than 1186 cases containing individuals' personal data, corporate internal data and communications, financial data, privileged attorney-client information, trade secret information, patent and pending patent applications and confidential research and development information. These cases have included a broad spectrum of issues and parties, ranging from individuals involved in personal and financial disputes to multi-million-dollar corporate litigation.

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