Practical Aspects of Computer-Related Crime and Digital Forensics
Module 11 builds on the concepts from Module 10 by focusing on the preparation and procedures involved in digital forensic analysis. It outlines the legal and ethical responsibilities of investigators, the methods used to preserve and verify digital evidence, and the processes that ensure evidence remains admissible in court. The module highlights how investigators prepare for forensic work, emphasizing professional training, adherence to ethical standards, and awareness of legal requirements.
Students will learn how evidence is gathered, preserved, analyzed, and presented in legal cases. The lesson emphasizes the importance of keeping data’s integrity and authenticity using methods like hashing and chain of custody. The module also reviews the basics of storage systems within computers to help students understand where and how hidden data might be stored on a device. By the end of the module, students should be able to explain the main steps in digital forensic work, understand the role of ethics and law in cybercrime investigations, and see how proper preparation helps ensure accurate forensic analysis.
Learning Objectives
After completing this module, you should be able to:
- examine the legal and ethical duties of cybercrime investigators and digital forensics professionals, focusing on how privacy, due process, and professional conduct shape investigative methods.
- explain the purpose and scope of search warrants and other legal authorizations governing the seizure and examination of digital devices, referencing best practices outlined by the International Association of Chiefs of Police (IACP).
- identify and describe the key stages of the digital forensics process—identification, collection, acquisition, preservation, analysis, and reporting—and explain how each stage helps maintain the integrity of evidence.
- assess suitable methods and tools for gathering and securing digital evidence, such as write-blockers, forensic imaging software, and validated forensic techniques.
- examine how mishandling evidence or ethical mistakes, like those discussed in Fraud in Forensics and the Backpage case study, can undermine the trustworthiness and admissibility of digital evidence.
- apply principles of data authentication and verification, including hashing and algorithmic integrity checks (e.g., MD5, SHA), to ensure the verifiable preservation of evidence.
- interpret the legal criteria for admitting digital evidence, including its reliability, authenticity, and adherence to rules like the Best Evidence Rule.
- assess how digital forensic findings should be presented in reports and courtroom testimony, translating complex technical analyses into clear, objective, and legally sound documentation.
- demonstrate awareness of professional growth needs by recognizing ongoing education, certifications, and peer review practices that maintain credibility and competence in digital forensics.
- summarize lessons from podcasts and case studies that demonstrate real-world applications of forensic ethics, investigative accuracy, and courtroom presentation skills.
Summary
Cybercrime investigators and digital forensics experts must operate within strict legal and ethical boundaries that protect both investigation integrity and individual rights. These professionals follow established procedural rules that preserve due process, safeguard privacy, and ensure evidence can withstand judicial review. Following these standards is vital for maintaining public trust and keeping digital evidence reliable, authentic, and admissible in court.
The digital forensics process occurs in several interconnected stages. First, investigators identify potential sources of evidence across different storage systems and devices. Next, they gather and acquire this data using forensically sound tools designed to prevent alteration. Preservation then follows, ensuring that the evidence stays intact, verifiable, and protected from tampering. Once secured, the data is analyzed to find relevant findings, such as deleted files, communication logs, or metadata that help establish timelines. Finally, investigators prepare a detailed forensic report that clearly presents their findings in an objective manner accessible to judges, attorneys, and juries.
The admissibility of digital evidence in court depends on satisfying legal standards of reliability and authenticity. Techniques like hashing, using algorithms such as MD5 or Secure Hash Algorithm (SHA), enable investigators to verify that evidence has not been altered from the time it was collected to when it’s presented in court. Keeping a complete and well-documented chain of custody further ensures transparency and accountability throughout the investigative process.
Preparing for forensic analysis requires a balance of technical skill, legal understanding, and ethical responsibility. Investigators must continually update their knowledge through training, certifications, and professional development while applying standardized procedures that align with best practices in digital forensics. Respecting privacy rights and following established legal protocols are not just ethical obligations; they are necessary steps to ensure that evidence remains credible and defensible.
Students in this module examine how these principles are practically applied through readings and case studies that highlight both effective and flawed forensic procedures. The Search Warrants for Digital Devices guide by the International Association of Chiefs of Police offers insight into lawful evidence collection and the significance of judicial approval. Fraud in Forensics: Five Cases of Abuse and Evidence Mishandling (Forensics Colleges) and the Backpage case reported by FrontPage Confidential illustrate how ethical breaches and improper evidence handling can undermine investigations. Conversely, Presenting Digital Evidence that Holds up in Court (Forensics: On the Scene and in the Lab) and Admissibility and Challenges of Digital Evidence in Legal Proceedings (Social Science Research Network) describe the frameworks and standards that enhance the reliability of evidence in judicial settings.
The foundational readings by Lawrence Williams (What is Digital Forensics? History, Process, Types, Challenges), SentinelOne (Digital Forensics: Definition and Best Practices), and the SANS Institute (Best Practices in Digital Evidence Collection) reinforce key concepts related to the forensic process, evidence preservation, and professional ethics. Students also examine emerging challenges through Cloud Digital Forensics: Beyond Tools, Techniques, and Challenges (National Library of Medicine), which highlights the complexities of analyzing evidence stored in distributed cloud environments.
Audio and video materials enhance learning for professional practice. The Digital Forensic Survival Podcast and The Forensic Focus Podcast: Chain of Custody and Courtroom Readiness provide insights from industry experts on how to maintain chain of custody, prepare testimony, and handle ethical dilemmas in forensic work. The video Introduction to Digital Forensics and Investigations | Computer Forensics Explained (Joseph H. Schuessler, 2025) visually shows the acquisition, preservation, and analysis steps essential to forensic investigations.
By engaging with these resources, students will gain a thorough understanding of the technical, legal, and ethical principles that support digital forensics. This knowledge equips them to carry out forensic analysis with accuracy, accountability, and professionalism—ensuring digital evidence stays credible, verifiable, and admissible in the justice system.
Here’s a step-by-step guide on how to prepare for forensic analysis and explore the associated legal and ethical obligations:
| Step | Step |
|---|---|
| 1. Obtain formal education and training in digital forensics through accredited programs at universities or professional institutions. | 13. Create multiple copies of digital evidence—one for analysis, one for backup, and one for secure preservation. |
| 2. Stay current with new techniques, tools, and trends through continuing education, workshops, and certifications such as CISSP or CCE. | 14. Apply validated forensic analysis techniques such as file recovery, timeline reconstruction, and keyword searches. |
| 3. Develop a strong understanding of the legal framework governing cybercrime investigations and digital forensics, including laws, regulations, and court procedures. | 15. Use tools and methods that are accepted by courts and capable of producing verifiable, repeatable results. |
| 4. Learn the specific laws that apply within your jurisdiction, such as the Computer Fraud and Abuse Act (CFAA) in the United States. | 16. Prepare detailed, clear, and objective forensic reports that describe the evidence, procedures, findings, and conclusions. |
| 5. Follow a strict professional code of ethics to ensure both personal integrity and the reliability of forensic work. | 17. Ensure all reports are unbiased and written in language suitable for non-technical audiences. |
| 6. Protect individuals’ privacy rights and handle all digital evidence with respect and caution. | 18. Be prepared to testify in court as an expert witness, clearly explaining findings, procedures, and their significance. |
| 7. Acquire essential forensic hardware and software, including write-blockers, forensic imaging tools, and analysis programs. | 19. Demonstrate professionalism, objectivity, and composure during testimony and legal proceedings. |
| 8. Keep all forensic tools regularly updated and maintained to ensure reliability and accuracy. | 20. Submit work for peer or supervisory review to confirm accuracy and adherence to best practices. |
| 9. Establish standardized documentation procedures that record each step of the analysis to maintain a clear chain of custody. | 21. Continuously refine your knowledge and technical skills through professional development and reflection on prior cases. |
| 10. Follow strict evidence handling procedures to prevent contamination or tampering; use write-blockers during data acquisition. | 22. Uphold the highest ethical standards, maintaining respect for privacy and integrity in all investigative activities. |
| 11. Maintain a complete chain of custody from collection through courtroom presentation, documenting each transfer of evidence. | 23. Follow all relevant laws, regulations, and institutional policies to ensure legal compliance in every stage of forensic work. |
| 12. Use forensically sound acquisition methods that preserve metadata and maintain file integrity. |
Preparing for forensic analysis requires a comprehensive understanding of the technical, legal, and ethical aspects of digital forensics. It’s crucial to follow established best practices to maintain the integrity of the evidence and ensure that the results are admissible in a court of law. Additionally, digital forensics professionals should constantly strive for excellence and remain committed to their ethical obligations.
Key Takeaways
Key Terms/Concepts
Acquisition of data
Admissibility of evidence
Analysis Phase
Authentication
Best Evidence Rule
Burden of proof
Certified Computer Examiner (CCE)
Certified Information Systems Security Professional (CISSP)
Chain of custody
Computer Fraud and Abuse Act (CFAA)
Contamination
Digital Evidence
Digital Forensics Process
Digital Integrity
Digital Signature
Documentation Procedures
Evidence Handling Procedures
File Recovery
Forensic Imaging
Hash value
Integrity Verification
Metadata
Nonresponsive Evidence
Secure Hash Algorithm (SHA)
Volatile Evidence
Write Blockers
Read, Review, Watch and Listen
The following readings, case studies, and media resources provide a detailed look at digital forensics, evidence integrity, and the ethical and legal standards guiding cybercrime investigations. Together, these materials help students understand how evidence is identified, collected, and preserved, while also explaining the procedures that ensure court admissibility. Each item reinforces the module’s focus on professional conduct, authenticity verification, and adherence to due process when handling digital evidence.
1. Read International Association of Chiefs of Police. (n.d.). Search Warrants for Digital Devices. Law Enforcement Cyber Center.
- Explains the process of obtaining and executing search warrants for digital devices, emphasizing legal compliance and best practices for law enforcement professionals.
2. Read Forensics Colleges. (2022). Fraud in Forensics: Five Cases of Abuse and Evidence Mishandling. Forensic Education Blog. Retrieved from
- Analyzes real-world examples of forensic evidence mishandling and ethical failures, demonstrating how improper practices can undermine the credibility of investigations.
3. Read FrontPage Confidential. (2019, November). Witnesses Describe FBI’s Mishandling of Computer Servers in Backpage Takedown.
- Details the Backpage case and the consequences of mishandled digital evidence, illustrating the importance of chain of custody and procedural accuracy in forensic work.
4. Review Forensics: On the Scene and in the Lab. (2024, April). Presenting Digital Evidence that Holds up in Court.
- Outlines the methods for preparing and presenting digital evidence that meet the standards of admissibility, authenticity, and clarity required in legal proceedings.
5. Review Williams, L. (2022, March 5). What is Digital Forensics? History, Process, Types, Challenges. Cybersecurity & Forensic Science Journal.
- Provides a foundational overview of digital forensics, exploring historical development, processes, and emerging challenges in cybercrime investigations.
6. Listen to Digital Forensic Survival Podcast. (2024, October). Episode of Your Choice.
- Offers practical discussions and case-based learning on current forensic tools, analysis methods, and ethical decision-making in cyber investigations.
7. Forensic Focus. (2024). The Forensic Focus Podcast: Chain of Custody and Courtroom Readiness. Retrieved from https://www.forensicfocus.com/podcast
- Explores how forensic experts maintain chain of custody and prepare for testimony in court, using real case examples and professional insights.
8. Review SentinelOne. (2024). Digital Forensics: Definition and Best Practices. Cybersecurity 101.
- Introduces the key goals of digital forensics, including evidence preservation, verification, and chain of custody, aligned with professional standards of forensic practice.
9. Review SANS Institute. (2023). Best Practices in Digital Evidence Collection.
- Provides a concise summary of procedures for properly collecting and documenting digital evidence while minimizing the risk of contamination or data loss.
10. Review Social Science Research Network. (2024). Admissibility and Challenges of Digital Evidence in Legal Proceedings.
- Examines legal standards for the reliability and authenticity of digital evidence and how courts determine admissibility based on procedural integrity.
11. Review the National Library of Medicine. (2024). Cloud Digital Forensics: Beyond Tools, Techniques, and Challenges.
- Discusses the complexities of investigating digital evidence stored in cloud environments, highlighting new investigative challenges and privacy considerations.
12. Watch Episode 1 – Introduction to Digital Forensics and Investigations | Computer Forensics Explained (Joseph H.Schuessler, July 2025).
Activity – Guidelines for Evidence Collection and Archiving
STOP!!
Students should review the course syllabus to determine the assignment of this activity.
This is a copy of the module’s activity that students find within Blackboard. For that reason, refer to the Activities page to submit your work for review.
Purpose
The purpose of this activity is to strengthen the student’s understanding of the digital forensics process.
Summary
Digital forensics describes the process of collecting and protecting information that is usually related to some type of security event. As you can imagine, this can cover many different techniques for gathering data across many types of digital devices. And it also describes different methods to use for protecting that information once you’ve retrieved it.
Instructions
- Review the United Nations Office on Drugs and Crime’s (UNODC) Standards and best practices for digital forensics
- Read the National Institute of Standards and Technology’s (NIST) Digital Evidence Preservation Considerations for Evidence Handlers – also attached to this activity.
- Watch Professor Messer’s Digital Forensics – SY0-601 CompTIA Security+ : 4.5 (https://youtu.be/Efu-hT8D_AM)
Answer the following questions:
- Identify and define each of the three phases for the digital forensic process.
- Explain why an investigator should secure the event logs from the target device?
- Describe the importance of documenting step by step exactly what data was gathered and how the information was retrieved.
Key Terms/Concepts
Volatile evidence is only present while the computer is running is called volatile evidence and must be collected using live forensic methods. This includes evidence that is in the system’s RAM (Random Access Memory), such as a program that only is present in the computer’s memory.
Privacy considerations are often counter to the field of computer forensics. In the other words, computer forensics tools try to discover and extract digital evidence related to a specific crime, while privacy protection techniques aim at protecting the data owner’s privacy.
Legal considerations in the course of digital forensics investigations means that the evidence must be authentic, accurate, complete, and convincing to juries and in conformity with jurisdictional law and legislative rules to be admissible at court.
Refer to the course learning management system (LMS); that is Blackboard (BB), for the correct due date. In addition, submit your work via BB for grading.
Discussion Questions
These questions encourage students to think critically about the technical, ethical, and procedural aspects of digital forensics and the real-world implications for legal proceedings.
- What are some of the main legal and ethical obligations of digital forensics professionals and cybercrime investigators?
- Discuss the importance of good practices in handling, preserving, and analyzing digital evidence. What are some specific methods used to maintain the integrity of evidence, and why is this crucial for the prosecutorial process?
- How do authentication procedures, such as MD5 and SHA algorithms, contribute to the credibility of digital evidence?
- How does understanding the structure and storage functionality of hard drives assist investigators in finding hidden information?
- What types of hidden information might be found on physical media, and why is this critical in cybercrime investigations?
- What are some of the primary challenges digital forensics professionals face when presenting digital evidence in court and how can they ensure that digital evidence is understandable and credible to a legal audience that may not be familiar with technical terminology?
Supplemental Resources
- RAND_Digital Evidence and the U.S. Criminal Justice System
- The Modern Evidence Trail The FBI’s Regional Computer Forensics Laboratories Are Vital in the Digital Age
- Technology and connected devices touch nearly every facet of modern life, and they often hold key evidence in criminal investigations. “Every single case now involves some sort of digital evidence,” said FBI Supervisory Special Agent Steven Newman, director of the New Jersey Regional Computer Forensics Laboratory (NJRCFL).
- Forensic Spotlight Digital Forensic Examination: A Case Study
- RFC 3227: Guidelines for Evidence Collection and Archiving
- Kerr, Orin, The Digital Fourth Amendment: Privacy and Policing in Our Online World (New York, NY, 2025; online edn, Oxford Academic, 23 Oct. 2024), https://doi.org/10.1093/9780190627102.001.0001, accessed 27 Oct. 2024.
- Austin Publishing Group. (2024). Quality Assurance in Digital Forensic Investigations. Austin Journal of Forensic Science and Criminology, 10(1), 97–103. Retrieved from
Read, Review, Watch and Listen to all listed materials by the due date listed within the course LMS site.
Click HERE to report any needed updates, e.g., broken links.
The process of securing evidence from a source drive by a digital forensic examiner. Whether the image acquisition occurs in the field or in the forensic lab, different acquisition systems require different efforts to preserve the evidence device.
Evidence that may be presented before the trier of fact (i.e., the judge or jury) for them to consider in deciding the case.
The stage in digital forensics where collected evidence is examined to identify patterns, recover files, and interpret findings.
The process in which the user or computer must prove its identity to the server or client. Usually, authentication by a server entails the use of a username and password. Other ways to authenticate can be through cards, retina scans, voice recognition, and fingerprints.
A legal principle that holds an original of a document as superior evidence. The rule specifies that secondary evidence, such as a copy or facsimile, will be not admissible if an original document exists and can be obtained.
The responsibility of an individual or party to prove an assertion or claim that they have made. The burden of proof can apply to a variety of situations, such as a scientist claiming a theory, a civil case, or a criminal case.
A professional certification in digital forensics, awarded by the International Society of Forensic Computer Examiners (ISFCE). It validates an individual’s expertise in conducting computer forensic examinations, emphasizing skills in the recovery, analysis, and preservation of digital evidence from computers and other electronic devices.
A globally recognized certification in the field of information security, awarded by the International Information System Security Certification Consortium (ISC)². CISSP certification demonstrates an individual’s expertise in designing, implementing, and managing a cybersecurity program, making it a valuable credential for professionals in roles like security analyst, IT security manager, or chief information security officer.
A process that tracks the movement of evidence through its collection, safeguarding, and analysis lifecycle by documenting each person who handled the evidence, the date/time it was collected or transferred, and the purpose for the transfer (National Institute of Standards and Technology [NIST], 2021).
A United States federal statute that was enacted in 1986 as an amendment to existing computer fraud law, which had been part of the Comprehensive Crime Control Act of 1984. The CFAA was initially designed to reduce hacking and unauthorized access to computers and computer networks. Over the years, it has been amended several times to address the evolving landscape of cybercrime and to include a wider range of computer-related offenses.
Any alteration or corruption of evidence due to mishandling, improper storage, or unauthorized access.
Data stored or transmitted electronically that can be used in court, essential to discussions on its admissibility and authenticity.
A structured series of steps used to collect, preserve, analyze, and present digital evidence in a legally sound manner.
The assurance that digital data remains complete, unaltered, and trustworthy from the time it is collected.
An encrypted identifier attached to digital data to verify authenticity and confirm that it has not been changed.
Standardized methods for recording every step of a forensic examination to ensure accuracy and traceability.
Formal steps followed to secure, store, and transport digital evidence while preventing loss or alteration.
A forensic technique used to restore deleted, damaged, or hidden digital files from storage media.
The process of creating a bit-for-bit copy of a digital device for examination without altering the original data.
A numeric value of a fixed length that uniquely identifies data. Hash values represent large amounts of data as much smaller numeric values, so they are used with digital signatures.
The process of confirming that evidence has not been altered, typically by comparing original and current hash values.
Background information generated by digital communications (e.g., location, time, sender), which is important in privacy and surveillance debates.
Evidence not named in the warrant as an item to be seized—should not be able to be disclosed to the public or used in a criminal case.
A family of cryptographic hash functions used to authenticate digital evidence and confirm data integrity.
Present while the computer is running is called volatile evidence and must be collected using live forensic methods. This includes evidence that is in the system's RAM (Random Access Memory), such as a program that only is present in the computer's memory.
Forensic tools used in digital investigations to prevent any modification to a storage device (such as a hard drive, SSD, or USB) during the process of accessing its data. When a write-blocker is in place, it allows investigators to read and extract data from the device without the risk of altering any information on it. This capability is critical in digital forensics, where preserving the original state of evidence is essential to maintaining its integrity and admissibility in court.
