Before computers and the Internet were even in existence, most crimes were committed in person. While violent crimes continue to occur, other forms of crime have begun to develop. Today, cybercrime has been thrown into the mix, often involving faceless victims. The term cybercrime involves the use of computers in order to commit or aid in the committing of a crime. Because computers and the World Wide Web are now involved, they are also used in the actual investigation of the crime itself. In many cases, these criminals will communicate either with their victims or with each other through their own personal computers. Local police and the FBI then confiscate these computers as evidence later. Any files, visited websites, chats, or other information can then be removed from the computer and submitted to a judge as evidence to help convict the criminal.

Search and seizure of computers as key evidence is becoming more and more commonplace with new technologies being used and developed. In fact, many cases have been closed, and the criminal convicted based upon evidence or with the assistance of some incriminating evidence found on their computer. Some argue that computer-related evidence is unsubstantial and can be altered, therefore making it unusable. While there have been some limitations put in place on getting a hold of cyber-evidence such as the Electronic Communications Privacy Act, with a warrant most investigators can still utilize some found communications in court. In fact, the original Electronic Communications Privacy Act was put into place to protect people from other forms of communication related issues such as wiretapping, but soon evolved to other things like emails. It was designed to protect the computer’s owner or user from having their privacy rights violated. This is still a topic of great debate. Surveillance in communications networks is sometimes used to catch a criminal in the act as well. In most cases, computers cannot be seized without a court issued warrant. Once the warrant is obtained, however, anything contained within the computer’s Internet history or hard drive can be used as evidence to convict someone of a crime in most instances. There is a process that all investigators must follow in order to properly retrieve and obtain evidence from a computer. If these measures are put into place, the evidence found can be incriminating enough to convict. Look to the following resources for more information on seizing computers, using computers as evidence, understanding the laws and legislation involved as well as learning about surveillance in communications.

Seizing computers

• Legal Issues of Searching and Seizing Computers: This document analyzes the legal concerns of seizing computers.
• Without a Warrant: A review of the Department of Justice’s proposal on seizing computer guidelines.
• Federal Guidelines: A Bureau of National Affairs official document on federal instructions for seizing computers.
• Seizing Without a Warrant: An official guide to searching and seizing computers without a warrant.
• Searching and Seizing Computers: This document illustrates several ways to search computers and the legal procedures for seizing a computer.
• Procedures for Seizing a Computer: Details the proper way to seize a computer.

Using Computers as Evidence

• Digital Evidence: A fun interesting look at digital evidence and what it is.
• Recovery, Collection and Preservation of Digital Evidence: An examination of digital evidence concerning network based intrusion detection.
• Prosecuting Computer Crimes: A complete manual by the Computer Crime and Intellectual Property Section Criminal Division for indicting computer offenses.
• Law Enforcement and Digital Evidence: Nancy Ritter examines how law officials’ can use digital evidence to stay ahead of criminals.
• Admitting Computer Evidence: Explores the possibility of guidelines being stricter for admitting computer evidence.   
• Byteprints: Defines the type of tools and techniques that can be used to gather evidence from disk drives.

Laws and Legislation

• Fraud and Abuse Act: A review of the computer and abuse act.
• Crime Statutes in USA: A list of federal and state crime statutes.
• Internet Crimes And Criminal Procedures: A thorough examination of the laws and procedures that govern Internet Crimes.
• Electronic Communications Privacy Act: A brief background of the act that amended the wiretap act.
• Interception of Electronic Communication: The US code 18 USC section 2521 covers how courts will proceed when a person violates wired communications law.
• Patriot Act: An act passed by the Senate and House of Representatives to prevent and penalize terrorist acts by use of trap and trace devices on computers and other devices.
• The National Information Infrastructure Protection Act: This act was implemented in 1995 to reinforce the computer law infrastructure.

Computer Crime

• State Laws: Click on a state to find about computer laws specific to that state. 
• Computer Crime Investigation in the FBI: Documentation on how the FBI investigates computer and Internet crime.
• Internet Crime Reports: Internet annual crime reports by state dating back to 2001.

Surveillance in Communications

• Communications Assistance for Law Enforcement Act: Read the full act that was enacted in 1994 to protect public safety and national security.
• Electronic Communications Prohibited: This 18 USC Sec. 2511 law states the types on surveillance is prohibited.
• FBI Testimony of Access to Communications: The Deputy Assistant Director of the FBI gives testimony for the need of telecommunication providers to abide by court orders.
• Electronic Surveillance Laws: Laws concerning wire tapping by state. Also provides a brief description of federal laws.
• Why the Digital Telephony Bill: Dorothy Denning offers rationale for the Digital Telephony Bill.
• Surveillance in Schools: John Kelsey explores the use of Internet tracking of teachers and the ethics that arise from this type of surveillance.