HTCIA Issues:
Forensics is a science and by definition it should not have bias attached. It
is a shame that the High Technology Crime Investigation Association states in
their bylaws that a person cannot work with the "DEFENSE". This
invalidates the organization and these persons will have a difficult time on the
stand claiming that they are not biased and that they are performing a
scientific study.
Until the HTCIA leaders do away with this horrendous bylaw that by its nature
automatically assumes that those accused are guilty, this organization is not
performing justice to the field of computer forensics or any other field. I
refuse to stand by this short sightedness and join a community that does not
protect our rights and the ability to defend ourselves and I believe it is a
disgrace to the scientific community as a whole.
http://www.htcia.org/bylaws.shtml
From the HTCIA Bylaws:
Members may not, by virtue of their employment be in a position to represent or
assist the defense in a criminal prosecution, unless:1
- They are employed by an entity (military of governmental) that does not
distinguish between prosecution or defense (An example of such incidences
are military attorneys and/or investigators who are directed to work for the
prosecution at times or the defense at other times).
- They are a member of an International chapter whose member’s legal
system does not distinguish between prosecution or defense, provided the
member must reside and practice in that country and not perform defense work
in any country that does make that distinction.
- They are a member who is subpoenaed to testify by the defense in a
matter they investigated for their agency or employer.
- They are a member who is employed by a software/hardware vendor who must
explain how their company’s product operates or functions as part of a
service or legal agreement when sold.
- They have received an exemption from a majority vote of their chapter
membership, after a proper notice consistent with these bylaws. Such
exemptions are:
- Limited to one per year, per member;
- Exemptions can only be granted by chapters in cases where the member
volunteers their expertise and is paid no compensation;
- The International Executive Committee may revoke such an exemption
within 30 days of receiving notice of the chapter’s granting of same. If
no decision is made by the International Executive Committee within 30
days, the Chapter memberships vote stands. However, a revocation of an
exemption by the International Committee is final.
Scott A. Moulton / Certified Computer Forensic
Specialist
Forensic Strategy Services, LLC
601b Industrial Court, Woodstock, Ga 30189
Phone: 770-926-5588 Fax: 770-926-7089
Web:
www.ForensicStrategy.com