At Amicus Briefs for Digital Evidence, our mission is to provide unbiased, unparalleled expertise in digital evidence and cybercrime investigations. We are deeply committed to ensuring that courts comprehend digital evidence and the methodologies used in digital investigative analysis, which informs their decisions and shapes well-meaning restrictions that may hinder the government’s digital investigative analysts from analyzing digital evidence in the correct context, thus ensuring accurate findings and conclusions. Furthermore, we advocate for a better understanding of the framework for User Attribution as a best practice when assessing digital evidence. Implementing this framework is crucial to prevent innocent individuals from being wrongfully implicated by digital artifacts outside their knowledge while ensuring that guilty parties cannot evade accountability through technical loopholes or vague evidence. By requiring user attribution analysis, courts can greatly diminish the risk of wrongful convictions based on “some other dude did it” (SODDI) defenses, upholding the principle that guilt must be personal and proven beyond a reasonable doubt in the digital realm, just as it is in the physical world. Instead of imposing scope restrictions inconsistent with modern digital operating systems, courts should mandate comprehensive analysis and substantial proof linking defendants to alleged digital misconduct, ensuring that digital forensic evidence meets established evidentiary standards. Moreover, courts should not accept a lack of resources or staffing as justification for substandard analysis and review of digital evidence. These Amicus Briefs do not support either party exclusively but urge the Court to adopt a robust framework for attributing digital actions to individuals, in alignment with constitutional due process and the Federal Rules of Evidence. We aim to empower individuals with the knowledge necessary to better understand and navigate the complexities of digital evidence and cybercrime investigations.
