Skip to main content

The Intersection of Digital Forensics and Law

Digital forensics is a forensic science that deals with examining, retrieving and interpretating material on digital devices used in cybercrimes or physical security incidents. The electronic data is often evidence in court during a criminal case. The goal of digital forensics is to protect the digital data in its original form to recreate the events of a cyber or physical crime.

Since digital forensics involves investigating digital crimes and preserving the evidence in a court of law, professionals in this field must have a combination of knowledge in legal theory and philosophy, digital literacy and forensic training.

The online Master of Legal Studies program from Northern Kentucky University (NKU) Salmon P. Chase School of Law is for professionals who want to make legally informed decisions in a technology-driven environment. Students enrolled in this online program will learn about the intersection of technology and law, how to preserve data security and handle digital crime, identity theft, hacking and security breaches.

Why a Combination of Skills in Digital Systems and Law Are Beneficial in Digital Forensics

While many think digital forensics is only cybersecurity, experts can retrieve digital data from smartphones, street cameras and automobiles. This digital evidence can help solve crimes committed near the devices. Different branches of digital forensics include:

  • Mobile device forensics. This is the recovery of digital evidence from any mobile device, including phones, tablets and GPS devices.
  • Computer forensics. Computer forensics involves recovering and examining digital data with a clear chain of custody.
  • Database forensics. This type of forensics consists of examining access to a database and looking for changes made to the data.
  • Network forensics. Network forensics involves analyzing computer network traffic to gather evidence.
  • Forensic data analysis. This analysis looks at structured data in databases and systems related to a financial crime.

All these types of digital forensics deal with discovering and preserving evidence that can be used in court. Digital forensics and the elements of law combine when the data is analyzed and collected to serve as evidence. Therefore, those who practice digital forensics need to have a solid foundation in legal practice and the laws that pertain to data protection. Failure to protect customer data and other types of information can make evidence inadmissible in court. Additionally, professionals must avoid the criminal charges or civil penalties that can result from the mishandling of digital evidence.

More legal considerations that come into play in digital forensics is a person’s right to privacy. The Fourth Amendment of the United States Constitution protects against unreasonable search and seizure, and the Fifth Amendment protects against self-incrimination. Violations of other laws, such as the Wiretap Act and the Stored Wired and Electronic Communication Act, would result in federal felonies. There are also federal rules of evidence to follow when collecting digital evidence related to cybercrimes. For these reasons, it’s beneficial for a digital forensic professional to know the legal ins and outs of collecting and preserving digital data.

What’s Next

The online Master of Legal Studies at NKU is ideal for professionals in legal departments, marketing, IT data protection or government roles. This program offers courses, such as Digital Forensics and Law and Seminar in Technology Law, to help students understand digital commerce, blockchain technology and cybersecurity risks associated with big data. Students will also study the technology behind detecting digital crimes and the legal, ethical and societal challenges of an increasingly technology-centered society.

Learn more about Northern Kentucky University’s online Master of Legal Studies program.


Request Information

Submit this form, and an Enrollment Specialist will contact you to answer your questions.

  • This field is for validation purposes and should be left unchanged.

Or call 800-985-7215

Ready to Begin?

Start your application today!
Or call 800-985-7215 800-985-7215
for help with any questions you may have.

Related Articles