Question

You are an investigator with the local police department.You...

You are an investigator with the local police department. You received an anonymous call that the person who sits at the workstation above has been downloading copyrighted songs off of the internet (this is called piracy) and selling the songs on a CD to anyone who is interested in purchasing the CD at a fraction of the cost at a legal retailer.  

Answer/Discuss the Following:

  1. Discuss any privacy rights and search warrant requirements that need to be considered as they pertain to both personal space and internet activity.
  2. Describe some of the challenges associated with recovering evidence from a private residence compared to an employer's workspace.

Answer & Explanation
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1. Discuss any privacy rights and search warrant requirements that need to be considered as they pertain to both personal space and internet activity

 1 The Universal Declaration of Human Rights, Article 12; the International Covenant on Civil and Political Rights, Articles 14 and 17. 2 The right to privacy is not enumerated as a constitutional right in our Constitution, but it was culled from Article 21's provisions.People have a right to keep their private lives private from the government, according to the court. They have the right to refuse to agree to unfair, warrant-less searches and to remain silent when questioned without the presence of a lawyer.
Many Western governments have some kind of privacy legislation in place, but whether or not they've kept up with new technology is debatable.

2. Describe some of the challenges associated with recovering evidence from a private residence compared to an employer's workspace.

 Proof recovery entails recovering evidence that has been misplaced, lost, or tampered with. Evidence recovery from a private residence presents different problems than evidence recovery from an employer's workplace. Digital forensics is required for the majority of evidence. First an employers workspace is not fully a private space as compared to the private residence. In the private residence, there are many rooms and  a large privacy as compared to the employers workspace. In the workspace, there are only office equipment whereas in the private residence there are home equipment and other things. There are also  laws that limit recovering evidence from private evidence that are not applicable to the workspace. 

Step-by-step explanation

1. Discuss any privacy rights and search warrant requirements that need to be considered as they pertain to both personal space and internet activity

 1 The Universal Declaration of Human Rights, Article 12; the International Covenant on Civil and Political Rights, Articles 14 and 17. 2 The right to privacy is not enumerated as a constitutional right in our Constitution, but it was culled from Article 21's provisions.People have a right to keep their private lives private from the government, according to the court. They have the right to refuse to agree to unfair, warrant-less searches and to remain silent when questioned without the presence of a lawyer.
Many Western governments have some kind of privacy legislation in place, but whether or not they've kept up with new technology is debatable. The biggest problem with internet privacy isn't just government spying; most people's personal information is now available to anyone who knows where to look. If the warrant names a specific person to be searched, the police can only search that person because they have independent probable cause to search other people at the scene. If an officer has only a fair suspicion that an onlooker is involved in illegal activity, she can only arrest and interview the onlooker, as well as perform a frisk.

2. Describe some of the challenges associated with recovering evidence from a private residence compared to an employer's workspace.

 Proof recovery entails recovering evidence that has been misplaced, lost, or tampered with. Evidence recovery from a private residence presents different problems than evidence recovery from an employer's workplace. Digital forensics is required for the majority of evidence. First an employers workspace is not fully a private space as compared to the private residence. In the private residence, there are many rooms and  a large privacy as compared to the employers workspace. In the workspace, there are only office equipment whereas in the private residence there are home equipment and other things. There are also  laws that limit recovering evidence from private evidence that are not applicable to the workspace. As a result, data manipulation is a widespread problem in the modern world. The presence of interconnected indicators that warn the presence of any external or internal risks and vulnerabilities to the firm's data and information allows retrieving evidence from an employer's workplace easier. The lack of properly configured backup software is one of the problems of retrieving evidence from a private residence. Private dwellings, such as apartments, lack interconnected house software that would notify each house's operation coordination. This will lengthen the rehabilitation exercise, increase fatigue, and generate redundant results. Gossiping and hacking are not recognized forms of evidence, which is a major drawback of using a private residence as an evidence recovery method, since much of the evidence provided is personal or private enough not to reveal information about public investigations.

 

Reference

Janneck, M., Jent, S., Weber, P., & Nissen, H. (2018). Ergonomics to go: Designing the mobile workspace. International Journal of Human-Computer Interaction, 34(11), 1052-1062.