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Digital Evidence Computer Forensics

Digital evidence is any information stored or transmitted in digital form that may be used as evidence in a court of law. It is important in criminal investigations and can be found on electronic devices through forensic examination and analysis while following proper procedures. Maintaining a clear chain of custody is crucial to ensuring the integrity and admissibility of any digital evidence.
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100% found this document useful (1 vote)
690 views18 pages

Digital Evidence Computer Forensics

Digital evidence is any information stored or transmitted in digital form that may be used as evidence in a court of law. It is important in criminal investigations and can be found on electronic devices through forensic examination and analysis while following proper procedures. Maintaining a clear chain of custody is crucial to ensuring the integrity and admissibility of any digital evidence.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Module 4

Digital Evidence
Definition
Digital evidence is defined as information
or data of value to an investigation that is
stored on, received or transmitted by an
electronic device.

This evidence can be acquired when


electronic devices are seized and secured
for examination.
Importance of Digital evidence
• Digital evidence is very important in any criminal
investigation such as murder, stalking, car-jacking, burglary,
child abuse or exploitation, counterfeiting, extortion,
gambling, piracy, property crimes and terrorism.

• Pre- and post-crime information is most relevant, for


example, if a criminal was using an online program like
Google Maps or street view to case a property before a
crime; or posting stolen items for sale, for example E-Bay; or
communicating via text-message with accomplices to plan a
crime or threaten a person.

• Some crimes can be committed entirely through digital


means, such as computer hacking, economic fraud or
identity theft.
Importance of Digital evidence

• In any of these situations, an electronic trail of


information is left behind for the investigation team to
recognize, seize and exploit.

• As with any evidence-gathering, following proper


procedures is crucial and will yield the most valuable
data.

• Not following proper procedures can result in lost or


damaged evidence, or rendering it inadmissible in court.
Digital evidence gathering
Evidence that can be Gathered Digitally

• Computer documents, emails, text and instant messages, transactions, images and
Internet histories are examples of information that can be gathered from electronic
devices and used very effectively as evidence.

• Mobile devices use online-based based backup systems, also known as the “cloud”,
that provide forensic investigators with access to text messages and pictures taken
from a particular phone. These systems keep an average of 1,000–1,500 or more of
the last text messages sent to and received from that phone.

• Many mobile devices store information about the locations where the device traveled
and when it was there. To gain this knowledge, investigators can access an average
of the last 200 cell locations accessed by a mobile device. Satellite navigation systems
and satellite radios in cars can provide similar information.

• Even photos posted to social media such as Facebook may contain location
information. Photos taken with a Global Positioning System (GPS)-enabled device
contain file data that shows when and exactly where a photo was taken. By gaining a
subpoena for a particular mobile device account, investigators can collect a great deal
of history related to a device and the person using it.
Digital evidence gathering

• There are many sources of digital evidence.


Generally, there are three major forensic
categories of devices where evidence can be
found:
➢ Internet-based
➢ Stand-alone computers or devices
➢ Mobile devices.

• These areas tend to have different evidence-


gathering processes, tools and concerns, and
different types of crimes tend to lend themselves to
one device or the other.
Digital evidence gathering
Internet

• Any computer that connects to an Internet Service Provider (ISP)


becomes part of the ISP’s network, whether it is a single computer or part
of a local area network (LAN) at a work place.

• Each ISP connects to another network. This global collection of networks


has no “owner” or overall controlling network, so it operates like a
community with all the pros and cons.

• Because of the global access to information and to other computers,


criminals are able to use this access to hack into financial and
communications systems, major corporations and government networks to
steal money, identities and information, or to sabotage systems.

• One of the biggest challenges in Internet crime is for investigators,


laboratory and technical personnel to understand how the process works
and to stay closely engaged with advances in software and tracking
technologies.
Digital evidence gathering

Stand-alone computers or devices

• Computer crimes continue to be a growing problem in both the


public and private sector.

• A single computer can contain evidence of criminal activity


carried out on the web, or the criminal use can be contained in
the computer itself, such as pornography, copyright
infringement, extortion, counterfeiting and much more.

• Digital evidence is located on the computer’s hard drive and


peripheral equipment, including removable media such as
thumb drives and CD-ROM discs.
Digital evidence gathering

Mobile devices

• Cellular phone (or now known as smart phone) and wireless


technology has expanded to include many types of mobile devices
such as tablet computers and hand-held video games.

• Once used only for voice communications, today’s cell phones are
also used to take digital photos and movies, send instant
messages, browse the web and perform many of the same tasks
as a computer.

• Mobile devices allow criminals to engage in an ever-growing variety


of activities and the devices keep track of every move and
message. It is this tracking capability that turns mobile devices into
key evidence in many cases
Handling Digital Evidence
• Admissibility of Evidence
o Legal rules which determine whether potential evidence can be
considered by a court
o Must be obtained in a manner which ensures the authenticity
and validity and that no tampering had taken place

• No possible evidence is damaged, destroyed, or


otherwise compromised by the procedures used to
search the computer

• Preventing viruses from being introduced to a computer


during the analysis process

• Extracted / relevant evidence is properly handled and


protected from later mechanical
or electromagnetic damage
Handling Digital Evidence
• Establishing and maintaining a continuing
chain of custody

• Limiting the amount of time business


operations are affected

• Not divulging and respecting any ethically and


legally client-attorney information that is
inadvertently acquired during a forensic
exploration
Digital Evidence Processing Guidelines

It is recommended to follow 16 steps in


digital evidence processing.

– Step 1: Shut down the computer


⚫ Considerations must be given to volatile information
⚫ Prevents remote access to machine and destruction of
evidence (manual or ant-forensic software)

– Step 2: Document the Hardware Configuration


of The System
⚫ Note everything about the computer configuration
prior to re-locating
Digital Evidence Processing Guidelines
– Step 3: Transport the Computer System to A Secure Location
⚫ Do not leave the computer unattended unless it is locked
in a secure location

– Step 4: Make Bit Stream Backups of Hard Disks and Floppy


Disks

– Step 5: Mathematically Authenticate Data on All Storage


Devices
⚫ Must be able to prove that you did not alter
any of the evidence after the computer
came into your possession
– Step 6: Document the System Date and Time
– Step 7: Make a List of Key Search Words
– Step 8: Evaluate the Windows Swap File
Digital Evidence Processing Guidelines

– Step 9: Evaluate File Slack


⚫ File slack is a data storage area of which most computer
users are unaware; a source of significant security
leakage.

– Step 10: Evaluate Unallocated Space (Erased Files)


– Step 11: Search Files, File Slack and Unallocated Space for
Key Words

– Step 12: Document File Names, Dates and Times


– Step 13: Identify File, Program and Storage Anomalies
– Step 14: Evaluate Program Functionality
– Step 15: Document all Findings
– Step 16: Retain Copies of Software Used
Digital evidence
Chain of custody
• The chain of custody in digital forensics can be
referred to as the forensic link, the paper trail, or
the chronological documentation of electronic
evidence.

• It indicates the collection, sequence of control,


transfer, and analysis. It also documents each
person who handled the evidence, the date/time it
was collected or transferred, and the purpose for
the transfer.
Importance of Chain of custody
It is important to maintain the chain of custody to preserve the
integrity of the evidence and prevent it from contamination, which can
alter the state of the evidence. If not preserved, the evidence
presented in court might be challenged and ruled inadmissible.

• Importance to the Examiner


When the examiner obtain metadata for a piece of evidence, the
chain of custody helps to show where the possible evidence might lie,
where it came from, who created it, and the type of equipment that
was used.

• Importance to the Court


It is possible to have the evidence presented in court dismissed if
there is a missing link in the chain of custody. It is therefore important
to ensure that a wholesome and meaningful chain of custody is
presented along with the evidence at the court.
Chain of custody procedures
A clear, well-documented chain of custody should be established through
a process that includes the following:

• Taking notes, including documentation of the recovery location, the


time and date recovered or received, description of the item, condition
of the item and any unusual markings on or alterations to the item.

• Marking and packaging the evidence.

• Sealing the evidence.

• Preparing the chain-of-custody record.

• The chain-of-custody record for all items collected from the scene must
include the following:
o Unique identifier.
o Item description.
o Identity of the person who collected the item.
o Time and date of collection.
Location where item was found.
Chain of custody sample form

Common questions

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Proper documentation in digital evidence gathering and analysis plays a critical role in ensuring the reliability and admissibility of the evidence. Detailed records are required for capturing the evidence collection, handling processes, and maintaining a clear chain of custody . This documentation provides transparency, helping validate the evidence's integrity in court . Inadequate documentation risks creating gaps in the chain of custody, leading to challenges in court over potential contamination or mishandling of evidence, potentially undermining the credibility of the findings and jeopardizing successful prosecutions .

Incorrect procedures in digital evidence gathering can severely impact criminal investigations by leading to the loss or compromise of crucial data. Failure to follow protocol could result in evidence being deemed inadmissible in court due to concerns over its authenticity and integrity . Improper handling might also introduce contamination or modification, undermining efforts to link evidence correctly to criminals or actions . This not only jeopardizes current cases but may also lead to broader trust issues in forensic processes, emphasizing the importance of meticulous adherence to prescribed protocols to ensure judicial veracity .

Mobile devices facilitate a variety of criminal activities due to their capabilities akin to computers. They allow criminals to take digital photos, browse the web, and communicate instantaneously, all of which can facilitate illegal operations such as identity theft or cyberstalking . Digital evidence from these devices includes text messages, images, and geolocation data, providing a comprehensive digital footprint for investigators. Forensic teams can access a vast amount of data, including messages stored in cloud backups or approximate locations from historical cell data, to reconstruct events or establish connections between suspects .

Maintaining a chain of custody preserves the integrity and authenticity of digital evidence by documenting each stage of evidence handling, including collection, transfer, and analysis . It ensures that evidence remains untampered and its authenticity is demonstrable in court . Failing to maintain a robust chain of custody can result in evidence being challenged and possibly ruled inadmissible in court due to potential contamination or unsanctioned alterations, which can undermine the prosecution's case and lead to acquittals . It is crucial to document all evidence transfers and handlers to prevent such outcomes and ensure a smooth judicial process .

Proper handling of digital evidence follows a structured process to ensure admissibility in court. This process involves: shutting down the computer to prevent remote access and destruction of evidence ; documenting the hardware configuration prior to transportation ; securely transporting the computer system without leaving it unattended ; making bit stream backups of storage devices to preserve data integrity ; mathematically authenticating data to prove no alteration occurred post-seizure ; and maintaining a well-documented chain of custody, which includes a record of individuals handling the evidence, collection dates, and item conditions . Ensuring these steps are followed prevents contamination that could jeopardize the evidence's admissibility in court .

Mobile devices are vital sources of digital evidence due to their multifunctional nature and extensive use in daily activities. They store comprehensive logs of communication, including text messages, calls, and emails, alongside Internet browsing history . Additionally, mobile devices track user locations through GPS and utilize online backup systems for data storage, making them repositories of critical data for forensic analysis . The capability to store vast amounts of user information and the ubiquity of these devices ensure they often contain pertinent data that can corroborate alibis, establish timelines, and identify criminal networks .

Digital evidence can be gathered from three main categories of devices: Internet-based systems, stand-alone computers, and mobile devices . Internet-based systems are often linked to crimes such as hacking and identity theft due to their connectivity with large networks . Stand-alone computers might contain evidence related to local criminal activities like copyright infringement or possession of illegal materials found directly on hard drives . Mobile devices, with their multi-functionality and tracking capabilities, are crucial in cases of cyberstalking, digital fraud, and even physical crimes due to location data and communication records . Each device type aligns with specific criminal methodologies, making targeted investigation strategies necessary. .

Digital forensic investigators face several challenges when dealing with Internet-based crimes. One of the primary issues is the decentralized nature of the Internet, which lacks a central control point, complicating efforts to track and attribute criminal activities across regional and international boundaries . Furthermore, criminals may exploit sophisticated software and encryption techniques that obscure their operations, making tracking and decryption time-consuming and technically demanding . Additionally, staying abreast with rapid technological advances is necessary, requiring continuous learning and adaptation from forensic teams . These challenges necessitate a high level of technical expertise and collaborative efforts across jurisdictions to effectively combat Internet-based crimes .

Digital forensic analysts face challenges in preserving the metadata of electronic evidence as it requires maintaining the data's original state without contamination or alterations that can occur during analysis or transfer . Metadata, which includes timestamps, file access logs, and system information, is crucial for understanding context, sequence of actions, and authenticity of data . Analysts must utilize specialized tools to create bit-by-bit copies and authenticate the integrity of these copies without altering the metadata, a process that is technically complex and requires rigorous procedural fidelity to avoid introducing discrepancies that could be exploited in legal contexts .

The global nature of the Internet poses significant challenges for digital forensic investigations, chiefly due to its decentralized design and lack of an overarching control structure, which complicates jurisdictional matters and tracking of criminal activities across boundaries . Criminals exploit this by routing activities through multiple countries, leveraging privacy laws and regional technical disparities to mask identities and locations . Furthermore, the rapid evolution of Internet technologies and methods used to obfuscate criminal activities require constant adaptation and collaborative international efforts to keep pace with perpetrators, making these investigations both resource-intensive and technically demanding .

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