Cyber Crime

Security Congress Abstract

Legal Qualifications of a Testifying Digital Forensic Expert Witness

Speaker(s)

• 

  Herbert Joe

  Managing Partner/Attorney/Cert. Forensic Consultant
  Yonovitz & Joe, L.L.P.

Legal qualifications of any investigator, like a digital forensics examiner, to testify as an expert witness in state or Federal courts in civil or criminal cases have evolved since the landmark 1923 Frye case, as well as the more sweeping 1993 Daubert case. Although Rule 702 of the Federal Rules of Evidence have codified and standardized landmark Supreme Court cases (the “Daubert trilogy”) for admissibility of scientific expert testimony in the federal courtroom (and most states by statutes), there are still “Frye states” with their own standards for admissibility. Regardless, this session discusses the important legal history of the qualifications, a general overview of different jurisdictional requirements, and the general requirements to testify as an expert witness in any digital forensics or cybersecurity case.

Learning Objectives:

• At the end of the session, attendees will have a general overview of the legal history of what a testifying “expert witness” is;
• At the end of the session, attendees will know the general difference between a Frye jurisdiction and a Daubert jurisdiction;
• At the end of the session, attendees will be exposed to selected case law on testifying experts in various areas of expertise, including digital forensics, etc.