One example of a significant policy issue is that of addressing the tension between forensics and privacy. Concerns about privacy have motivated the development of counter-forensic tools. Some initial work has been done to evaluate the effectiveness of existing commercial counter-forensic tools and the operational implications for digital forensic analysis.33 Yet, policy questions such as understanding and managing the boundary between the legitimate collection and use of digital forensic evidence and the illegitimate monitoring of behavior and activities have barely been asked, let alone answered. Indeed, the question of what is and is not legitimate has still to be answered.34

33

Matthew Geiger, “Evaluating Commercial Counter-Forensic Tools,” 2005 Digital Forensic Workshop, New Orleans, La., August 17-19, 2005.

34

Eugene H. Spafford, “Some Challenges in Digital Forensics,” Research Advances in Digital Forensics—II, M. Olivier and S. Shenoi (eds.), Springer, 2006.



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