--- title: Criminal Justice: Need for Code of Ethics to Govern Digital Forensics description: Those involved with determining the relevance of digital evidence are sometimes ill-equipped to make such assessments canonical: https://time.com/3998540/ethics-computer-forensics/ author: TIME article:opinion: true article:content_tier: free article:published_time: 2015-08-14T18:52:05.000Z article:modified_time: 2026-08-04T08:01:41.180Z article:section: Ideas og:title: We Need a Code of Ethics to Govern Digital Forensics og:description: Those involved with determining the relevance of digital evidence are sometimes ill-equipped to make such assessments og:url: https://time.com/3998540/ethics-computer-forensics/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/bltaf39c0f257af94cf/69885f5e428a9ecb05ccea6a/silhouette-fingers-laptop.jpg?branch=production&width=479&quality=75&auto=webp&crop=16:9 og:image:width: 479 og:image:height: 269 og:image:alt: silhouette-fingers-laptop og:type: article twitter:card: summary_large_image twitter:title: We Need a Code of Ethics to Govern Digital Forensics twitter:description: Those involved with determining the relevance of digital evidence are sometimes ill-equipped to make such assessments twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/bltaf39c0f257af94cf/69885f5e428a9ecb05ccea6a/silhouette-fingers-laptop.jpg?branch=production&width=479&quality=75&auto=webp&crop=16:9 ---  # We Need a Code of Ethics to Govern Digital Forensics > Sponsored content. 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A paid TIME subscription is separate and available at time.com/subscribe-agent. ### Sources * TIME Newsletters: [time.com/newsletters](/c/time-nl-inside-2026q3/newsletters?i=94233898-fc56-428d-b168-43779d13f717&cr=time-nl-inside-2026q3-v1) ## Video: TIME Explains: The Deep Web [Watch (HLS stream): TIME Explains: The Deep Web](https://cdn.jwplayer.com/manifests/DQbujPQY.m3u8) (2:19)  _Published 2013-10-31. The FBI takedown of the online market Silk Road reveals the challenges of regulating the Deep Web. Here's what you need to know._ by [John J Sloan, III, The University of Alabama at Birmingham / The Conversation](https://time.com/author/john-j-sloan-iii/) ## John J Sloan, III, The University of Alabama at Birmingham / The Conversation Aug 14, 2015 6:52 PM UTC  Close up of silhouetted male hand typing on laptop keyboard Close up of silhouetted male hand typing on laptop keyboard Getty Images by [John J Sloan, III, The University of Alabama at Birmingham / The Conversation](https://time.com/author/john-j-sloan-iii/) ## John J Sloan, III, The University of Alabama at Birmingham / The Conversation Aug 14, 2015 6:52 PM UTC Let me begin with a disclaimer: I am neither a digital forensics practitioner nor do I play one on television. I am, however, a professor in, and former chair of, an academic [department](http://www.uab.edu/justice-sciences) at a research university that houses a graduate program in computer (digital) forensics I helped design. In 2011, I cofounded a computer forensics [research center](http://thecenter.uab.edu/) at my university. Finally, for more than 10 years, I have taught undergraduate and graduate courses on professional ethics for criminal justice and digital forensics students. These experiences helped me to identify a glaring issue in the field of digital forensics: a lack of professional and ethical standards governing practitioners. And as digital forensics gains prominence in the legal landscape, the lack of agreed-upon standards is a big problem. **What** **_is_** **digital forensics?** Digital or computer forensics involves the identification, recovery, analysis and presentation in court of relevant information taken from electronic devices such as computers and cellphones. That information becomes [digital evidence](http://www.rand.org/content/dam/rand/pubs/research%5Freports/RR800/RR890/RAND%5FRR890.pdf) presented in court and designed to tie together people and events in time and space to establish causality for crimes or civil wrongs. For example, imagine the police arrested a suspect on charges she murdered her husband by poisoning him. The police will seize and examine the suspect’s computer to uncover incriminating evidence such as the suspect’s history of visiting web pages that deal with poisons. Once retrieved, the prosecutor will likely introduce that evidence to gain a conviction. Digital evidence is not trivial. If it leads to a conviction on criminal charges, the defendant may face prison time. In a civil case, it can lead to a defendant having to pay monetary damages. And the police officers, technicians and private contractors who testify in court about digital evidence can be the difference between justice served and justice denied. **The “Wild West” of digital forensics** In some ways, the [digital forensics landscape](https://books.google.com/books?hl=en&lr=&id=lUnMz%5FWDJ8AC&oi=fnd&pg=PP1&dq=digital+forensics+training+and+practice&ots=aJr8JkDOU7&sig=vjAo6jeTmN2F48Z%5FsL1rGvLz598#v=onepage&q=digital%20forensics%20training%20and%20practice&f=false) resembles the “Wild West.” At least part of the reason for this is that digital forensics is not science-driven; instead, it is driven by its practitioners. Those involved with determining the relevance of digital evidence are sometimes [ill-equipped](https://ballinyourcourt.wordpress.com/2014/03/03/becoming-a-better-digital-forensics-witness/) to make such assessments. [Problems](https://www.ncjrs.gov/pdffiles1/nij/213420.pdf), including inadequate training, use of outdated equipment, limited resources, few personnel and lack of a standardized protocol for analyzing digital evidence have all been documented. These shortcomings have led to evidentiary issues, improper conclusions by juries about digital evidence and doubtful outcomes. A good example would be the [Casey Anthony](http://www.nytimes.com/2011/07/19/us/19casey.html?ref=topics&%5Fr=0) trial, where improper analysis of her visits to websites dealing with murder was admitted as evidence. Unlike DNA [analysis](http://nij.gov/topics/forensics/evidence/dna/basics/pages/analyzing.aspx), there’s no standardized protocol for identifying, recovering, or processing digital evidence. As a result, two different technicians at different crime labs might reach [different conclusions](http://arxiv.org/ftp/arxiv/papers/1303/1303.4498.pdf) about a particular piece of evidence because they used different equipment or had divergent training. These problems have implications for justice being served. **First steps toward standards** Thankfully, the situation is changing as the National Institute of Standards and Technology ([NIST](http://www.nist.gov/)) works to develop [specific standards](http://www.nist.gov/oles/forensics/digital%5Fevidence.cfm) for analyzing digital evidence. The courts have also begun paying attention to some of the legal issues involving digital evidence. For example, in [Riley v California](http://www.supremecourt.gov/opinions/13pdf/13-132%5F8l9c.pdf), the US Supreme Court ruled in 2014 that police must obtain a search warrant before they can seize electronic devices suspected of containing digital evidence. This ruling makes it somewhat harder for police to seize and analyze personal devices involved in crimes. **Lack of a code of ethics for practitioners** Because the people who recover, analyze, process and testify about digital evidence are influential in court proceedings, they must be ethical in their dealings with the legal system. However, the reality is this: not only is digital forensics the “Wild West” when it comes to protocols for processing evidence, there isn’t a code of ethics that governs the professional behavior of digital forensics practitioners. Instead, various [professional associations](http://www.dfcsc.uri.edu/resources/centers%5Forganizations) have created a hodgepodge of codes of ethics for members. Some of them are [very detailed](https://www.dfcb.org/DFCB%5FDFCB%5FCode%5Fof%5FEthics%5Fand%5FStandards%5Fof%5FProfessional%5FConduct%5FVersion%5F1.1%5FDec08.pdf); others, [not so much](http://digital-forensics.sans.org/certification/ethics). Unlike [medicine](http://www.ama-assn.org/ama/pub/physician-resources/medical-ethics/code-medical-ethics.page) or [law](http://www.americanbar.org/content/dam/aba/migrated/cpr/mrpc/mcpr.authcheckdam.pdf), each of which has a single, overarching code of professional ethics enforced by the states, there is no comparable code that describes how a digital forensics practitioner should (or must) behave in his or her professional life. **The challenge of creating a code of ethics** Last May, I co-organized a two-day workshop on professional ethics and digital forensics that was funded by, and held at, the National Science Foundation ([NSF](http://www.nsf.gov/)). Academics, researchers and practitioners attended. The workshop explored the need for a code of ethics and the contours of what such a code might include. We also examined hurdles to establishing a code, and existing codes from other [professions](https://www.acm.org/about/code-of-ethics) that could serve as models. The consensus among participants was that the [need is great](http://www.forensicmag.com/articles/2014/03/professional-ethics-digital-forensics-discipline-part-1) for a code of professional ethics that governs digital forensics practitioners. Participants shared examples of ethical issues that cloud the profession. Conflicts of interest. Vendors producing research on their own products and using that to influence agencies to adopt their product(s). Some practitioners’ lack of understanding of the mechanics of the software they use to process evidence (the “black box” problem). However, just because participants agree a code of ethics is needed doesn’t mean there aren’t significant hurdles to overcome with creating one. What specific behavior would be covered? What themes would the code address (for instance, “fairness,” “trust,” “justice”)? What agency or organization would enforce the code? (Suggestions included NIST or the American Academy of Forensic Sciences ([AAFS](http://aafs.org/about/committees/ethics-committee)).) To whom would the code apply? All practitioners involved with digital evidence or just those processing it? **Moving forward** To raise awareness and continue working to create a code of ethics, this academic year we plan to replicate the workshop at various professional meetings including those of the [Southern Criminal Justice Association](http://www.scja.net/), AAFS and the [Academy of Criminal Justice Sciences](http://acjs.org/). We will also reach out to leaders in the AAFS and the [American Bar Association](http://www.americanbar.org/groups/departments%5Foffices/legal%5Ftechnology%5Fresources/resources.html) for help with developing the code. As digital evidence becomes more common in legal proceedings, ensuring that practitioners have the strongest professional ethics is not only sensible, it is imperative. _This_ [_article_](https://theconversation.com/theres-no-code-of-ethics-to-govern-digital-forensics-and-we-need-one-45755) _originally appeared on_ [_The Conversation_](http://theconversation.com) ## Transcript On October 1st in San Francisco, the FBI caught a guy named Ross Ulbricht who they suspect of selling drugs online through a website called Silk Road which is part of the Deep Web. And here is what you need to know about the Deep Web. The Deep Web is loosely speaking every part of the internet that is not indexed by search engines. Silk Road was on a part of the Deep Web of the Tor network. And what's interesting about the Tor network is it's a part of the internet where nobody knows who you are. It has complete privacy, complete anonymity. Anything you do there or say there cannot be associated with your identity or your life. The government actually created the Tor network-- it was the Navy in particular-- and they did this because intelligence agents find it very useful. Law enforcement uses it for dissidents, journalists. But unfortunately, increasingly, criminals use it too. A lot of criminals, who used to have to find dark alleys where they could do their business, now simply do it on the Deep Web. They sell drugs, fake IDs, hacking software, and increasingly, weapons and child pornography. The Deep Web poses a major problem for the government. The government built it, but it doesn't know how to control it. The laws that govern search warrants relating to technology and networks are very old. And as is generally the case, technology evolves a lot faster than the law does. Ironically, the need for Tor is even more urgent now than it was when Tor was first created. More and more, there are companies like Google and Facebook which make billions of dollars by collecting personal information. And we, as those users, are being asked to manage our personal information in ways that we never had to before. And Tor is the perfect tool for that. It provides all the privacy and the anonymity we could ever desire. Unfortunately, it has this terrible potential for abuse as well. Bottom- line, there really is no such thing as a bad technology. 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