Law and Ethics for Forensic Investigation

Assignment #3
Video Submission

Answer the following questions in a VIDEO submission submitted through DC

CONNECT. Provide references as required WITHIN your video, as well as on a
separate document, also submitted through DC CONNECT.
Note: LEGAL REFERENCES are either (a) laws, (b) legal cases, or (c) legal articles
written by lawyers, judges or other professionals. When providing references,
ensure that they are from the appropriate country, or they will not count for
grades.

Questions to Answer in your VIDEO

1. Is evidence that is illegally searched and seized admissible in court?Yes/
No/Depends. Explain in detail. Why do you think this is the case? Are
there exceptions? If there are exceptions, name and discuss at least
THREE exceptions. Name TWO RELEVANT LAWS from each of the USA
and Canada that relate to evidence and its admissibility. Answer this
entire question for USA and Canadian law separately. (4 – 6 minutes min.)

2. How is the “reasonable expectation of privacy” test applied to

computer systems and data? Does an employee have a reasonable
expectation of privacy in the workplace? What about at home?Discuss.
Answer this entire question for Canadian law only. Provide TWO LEGAL
REFERENCES from Canada. (3 – 5 minutes min.)

3. Does the concept “reasonable expectation of privacy” with respect to

searches conducted by the police exist in the EU? Does it exist in the
USA?Discuss and provide at least ONE LEGAL REFERENCE for each of the
EU and USA. (2 – 4 minutes min.)

4. In CANADA, when does the government (Crown) need a search warrant

to search and seize a suspect’s computer? Name at least TWO LEGAL
CASES from Canada which are examples of permitted
 warrantless searches. Name at least TWO LEGAL CASES from
Canada when the court DISALLOWED a warrantless search. Discuss.
(4 – 6 minutes min.)

5. Explain the concept of exigent circumstances under CANADIAN LAW.

Which type of exigent circumstances might arise in respect to computer
data and digital forensics? Discuss. Provide ONE LEGAL REFERENCE from
CANADA. (4 – 6 minutes min.)

6. What should a computer forensic investigators do if a computer that is

being searched is found to contain privileged information? Discuss and
provide ONE LEGAL REFERENCE from CANADA. (2 - 3 minutes min.)

7. What is MLAT and why is it important? How, why and when might it be
used? Give ONE LEGAL REFERENCE where MLAT was used in CANADA. (2 -
3 minutes min.)

8. Name THREE privacy principles used elsewhere in the world that are NOT
part of Canada's 10 privacy principles. Explain the utility of each, as well
as any associated problems. Provide TWO LEGAL REFERENCES (total) from
anywhere in the world related to your three principles or any oner of
them. (3 - 4 minutes min.)

9. What is the difference between privacy and security? Which is harder to

maintain? Justify and explain your answer. (2 - 3 minutes min.)

10.What is a PIA? When should one be performed? What types of findings

are typically uncovered as a result of performing a PIA? Are PIAs legally
required to be performed in Canada? If so, under what circumstances?
Discuss. (2 - 3 minutes min.)

11.There are five (5) links below to five different privacy investigation
reports. These investigations were conducted by privacy commissioners
in Canada or in Australia. Select ONE of the five reports. Read it carefully.
Then (a) summarize your selected investigation/report; (b) discuss the
report in the context of our class work, including privacy, search, evidence
and computer security; (c)
 critique the report – do you agree with the approach, with the
analysis, with the conclusions? Discuss and provide TWO LEGAL
REFERENCES from Canada or Australia, as applicable. (6 - 8 minutes min.)

Links:

https://decisions.ipc.on.ca/ipc-cipvp/phipa/en/item/468594/index.do

http://www.austlii.edu.au/cgi- bin/viewdoc/au/cases/cth/AICmr/2020/21.html

https://decisions.ipc.on.ca/ipc-cipvp/phipa/en/item/423849/index.do

https://decisions.ipc.on.ca/ipc-cipvp/cyfip/en/item/521131/index.do

https://decisions.ipc.on.ca/ipc-cipvp/privacy/en/item/486693/index.do

Your completed VIDEO containing both parts 1 and 2 will be between 37

minutes – 51 minutes long. Longer is OK – shorter will be penalized.

Continues next page…

 IMPORTANT ADDITIONAL REQUIREMENTS AND CLARIFICATION
VIDEO
Your VIDEO must:
• Show your face during the entire time
• You may use a powerpoint presentation which you narrate, with your
face shown in the corner of the screen as the presentation unfolds
(preferred)
• Must be in MP4 or PPTX format
• May be no longer than 150 megabytes
• Of good quality audit and video
All portions of the assignment must be included in ONE video file. Within the
video, please indicate “this is question 1, this is question 2” etc. Although only
one video file may be submitted, you may create different portions of the
video at different times.
If your video is longer than 150 megabytes, please post it as “public” to
youtube and provide the link to the professor via DC CONNECT. Oversized
video files submitted via DC CONNECT will be substantially penalized.
REFERENCES
Your submission requires a MINIMUM of SEVENTEEN serious, non-consumer,
non-news references, either CASES or LAWS or articles. These are minimum
requirements. References should be from legal sources, research papers,
Google Scholar, universities, professional bodies (lawyers, auditors, ISACA,
ISO) and from CREDIBLE websites such as *.edu, *.gov, *.org. Occasionally,
references from Harvard Business Review, New York Times, etc. may also be
suitable.
Reference are worth between 10% - 20% of your assignment grade. Submit
your references as LIVE LINKS through DC CONNECT in a document
separate from your video. If live links are not possible, please provide the
reference in standard APA format or standard CASE NOTATION FORMAT. You
may also submit the reference document with a link to your video embedded
it in (this is sometimes best). Both the video and the reference document are
requirements of this assignment. References should be mentioned IN THE
VIDEO, not just listed on a document.
INTEGRITY
I. While you may quote from sources in your video, you should not read
extensively from them. In all cases, cite your sources.
II. Any preparation or script for your video should be substantially you own
work. You MAY use ChatGPT etc. to assist with research and
organization, but do not read directly any script generated by A.I.
You may also use Quilbot if needed to clean up the language.
III. If you use powerpoint in your video, any diagrams or graphics not your
own should be referenced.
IV. This is an INDIVIDUAL assignment. Do not collaborate or share your
video or references with other students, except as to basic learning and
understanding. Work independently.
V. Plagiarism of any kind will be dealt with swiftly and seriously!
RUBRIC AND GRADING
This assignment is worth 15% of your grade. It will be graded as follows:
• Questions 1, 2, 3, 4, 5: answered intelligently, thoughtfully, fully and with
evidence of thought, understanding and solid research – 34%
• Questions 6, 7, 8, 9, 10 answered intelligently, thoughtfully, fully and with
evidence of thought, understanding and solid research – 24%
• Question 11 answered intelligently, thoughtfully, fully and with evidence of
thought, understanding and solid research – 14%
• Adequate length, clarity, quality and correctness of video/presentation – 10%
• Quality and sufficiency of references, including live links – 10%
• Overall, including creativity, research effort, professionalism – 8%

Note: Penalty for oversize video file – up to 15% of assignment grade.

Penalty for failing to include references – up to 33% of assignment grade.

Good Luck – Remember the Due Date!