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BY JEFF MARTIN, CFCE

Digital Forensics Expert & Cybersecurity Consultant

Expert Profile

In today’s increasingly digital and interconnected world, cybersecurity is no longer a niche concern reserved for large tech companies or financial institutions—it’s a fundamental business obligation. As a digital forensic expert, I have been involved in hundreds of post-incident investigations, and in nearly every case involving Business Email Compromise (BEC) or wire fraud, the outcome could have been prevented by applying basic cybersecurity practices.

These incidents often result in losses reaching hundreds of thousands of dollars. Yet they are rarely the result of highly advanced, state-sponsored attacks. More often, they stem from simple, preventable failures—such as a lack of multi-factor authentication, poor email filtering, unsecured access protocols, or a lack of employee awareness training. These are not new threats, and they are not difficult to mitigate. But in the absence of a proactive cybersecurity posture, they remain dangerously common.

Fragmented Regulatory Landscape

While regulations at the state and federal levels continue to evolve, the current regulatory landscape is fragmented. For example, New York’s Department of Financial Services (NYDFS) cybersecurity regulation places rigorous standards on financial entities, while California’s consumer-focused privacy and audit rules cast a broader net. Organizations operating across multiple jurisdictions must navigate a complex and sometimes conflicting set of rules—each with its own definitions, enforcement timelines, and reporting requirements. This fragmented environment increases compliance burdens and legal risk, especially for companies that lack a centralized governance or information security framework.

The Securities and Exchange Commission (SEC) has added to the urgency by introducing a four-day reporting rule for material cybersecurity incidents. While this rule encourages timely disclosure, it can also put pressure on companies to report incidents before they have fully assessed the scope or identified the threat actor. As a forensic professional, I know that conducting a complete and accurate investigation takes time. A modest extension of the reporting window would allow organizations to provide more accurate, meaningful disclosures—benefiting both transparency and public trust.

If federal enforcement becomes less consistent or less stringent, it is very likely that individual states will continue to fill the perceived regulatory gaps by introducing their own cybersecurity mandates. We’ve already seen this with consumer privacy laws, and cybersecurity standards are likely to follow a similar trend. This only reinforces the need for organizations to build adaptable, scalable compliance and security programs that can evolve alongside the legal landscape.

Proactive and Structured Compliance

While tracking and complying with new regulations may seem daunting, organizations can reduce the burden by being proactive and structured in their approach. Assigning a compliance officer or working with a trusted cybersecurity advisor is a foundational step. Using legal and regulatory tracking tools, performing regular policy reviews, implementing employee training programs, and maintaining clear documentation of internal controls and incident response procedures can make all the difference.

Beyond compliance, these efforts significantly reduce the risk of cyberattacks, data breaches, and financial fraud. A company that builds a security-first culture will not only protect its own assets but also honor its responsibility to the clients, partners, and communities it serves.

It’s important to note that in my years of forensic casework, I have yet to be hired by an organization that was truly well-prepared before an incident. That tells me something important: the companies that are investing in proactive cybersecurity measures are far less likely to experience the kinds of incidents that require my services in the first place. Well-prepared organizations are preventing breaches—not recovering from them.

Ultimately, cybersecurity regulations serve an important purpose. They raise the minimum standard, encourage accountability, and protect consumers. But responsible businesses should aim higher than the regulatory baseline. Proactive cybersecurity is not about doing the bare minimum to avoid penalties, it’s about taking initiative to safeguard your infrastructure, your data, and your reputation.

The companies that thrive in the digital age will be those that treat cybersecurity as a business imperative, not a compliance checkbox. Whether you're a law firm handling sensitive communications, a healthcare provider managing confidential records, or a small business processing customer transactions, the time to build resilience is now.

About the Author: Jeff Martin, CFCE, is a Certified Forensic Computer Examiner with extensive experience in digital forensics, incident response, and mobile device investigations. He consults with law firms, corporations, and law enforcement agencies nationwide on cybersecurity best practices, digital evidence handling, and expert witness services.

The Expanding Landscape of Digital Evidence

In today’s world, digital evidence is everywhere. Smartphones, wearables, connected vehicles, and cloud accounts all leave behind valuable data. This abundance of information presents new opportunities for investigators but also introduces significant challenges.

The Pressures Facing Modern Investigators

According to Cellebrite’s 2025 Industry Trends Survey, the sheer volume and complexity of digital evidence is overwhelming many investigative teams. Case backlogs are growing. Encrypted platforms and locked devices slow investigations. Many agencies lack the resources and training to keep up. The need for expert support has never been greater.

Top 10 Insights from the 2025 Cellebrite Survey

• Digital evidence from phones and wearables is now essential. These devices are central to many cases.
• Artificial Intelligence is reshaping investigations. Almost all agencies view AI positively, and over half plan to integrate it within two years. AI speeds up analysis and reduces errors, though regulatory issues remain.
• Cloud technology offers advantages and obstacles. While it brings scalability and security, concerns about cost and compliance remain.
• Case backlogs are increasing. Investigations now often involve multiple devices, including drones, wearables, and crypto tools.
• Accessing full device data is more difficult. Seventy-five percent of extractions use Full File System methods, and encrypted apps add complexity.
• Investigators are stretched thin. Most spend 60 to 70 hours per case on data review, and less than half have advanced training.
• Outdated evidence-sharing methods persist. Sixty percent still use USB drives and CDs, risking security and chain of custody.
• Prosecutors need better evidence sharing. Reliance on digital evidence is growing, but inefficient sharing methods cause frustration.
• The future points to AI-powered, cloud-enabled solutions. These systems can automate workflows, reduce backlogs, and build resilience.
• Expert digital forensics support is vital. Specialists turn complex data into clear, actionable intelligence.

The Critical Role of Digital Forensics Experts

Effective investigations depend on the ability to extract, analyze, and interpret data from a wide range of sources. Digital forensics experts recover evidence from smartphones, computers, wearables, drones, and encrypted apps. They use advanced techniques to access active data, deleted files, metadata, and hidden system information.

Reducing Workloads and Advancing Justice

Investigators are under pressure, often spending nearly 70 hours per case reviewing data from multiple devices. This slows down justice and increases the risk of missing vital connections.

By partnering with a digital forensics company, agencies gain immediate access to specialized expertise, advanced tools, and automated workflows. This reduces backlogs, minimizes repetitive tasks, and allows investigators to focus on analysis and strategy.

Gain a Strategic Advantage

In an era where digital evidence is as critical as DNA, agencies that invest in professional digital forensics gain a decisive edge. Digital forensics experts turn complex data into actionable intelligence, helping resolve cases faster, protect public safety, and uphold the highest standards of justice.

Contact Evidence Solutions Today

Do not let the challenges of digital evidence slow your investigations. Contact a Digital Evidence expert at Evidence Solutions to unlock the full potential of your digital evidence. Reach out today to learn how our team can support your case.