Practical Aspects of Computer-Related Crime and Digital Forensics
Module 11 explains how to prepare for forensic analysis and explores the legal and ethical obligations of cybercrime investigators and digital forensics professionals, good practices in the handling of digital evidence, its analysis, the reporting of digital forensics results, and the assessment of digital evidence. A review of authentication procedures and digital algorithms, e.g., MD5 Hash, as developed by Secure Hash Algorithm (SHA) and used to maintain the integrity of digital evidence for use in the prosecutorial process. The module also includes a brief review of the storage system functionality within the computer, provides in broad detail, how information is stored on hard drives, and identifies hidden sources of information on physical media. Finally, the way digital evidence is identified, particularly digital forensics (discussed in Cybercrime Module 10), which is the process by which digital evidence of crimes and cybercrimes is collected, acquired, preserved, analyzed, interpreted, reported, and presented during legal proceedings.
Learning Objectives
After completing this module, you should be able to:
- examine legal and ethical obligations of cybercrime investigators and digital forensics professionals.
- describe essential phases in the digital forensics process.
- explain the ways in which digital evidence is identified, collected, acquired, and preserved.
- discuss processes involved in digital evidence analysis and the reporting of findings based on this analysis.
- summarize a framework for assessing the admissibility of digital evidence in courts.
- outline the process used to preserve the verifiable integrity of digital evidence.
Summary
Cybercrime investigators and digital forensics professionals operate within strict legal and ethical boundaries, which are essential for maintaining public trust and ensuring fair proceedings. These professionals must uphold privacy rights, follow established legal protocols, and adhere to ethical standards to handle sensitive digital evidence responsibly.
The digital forensics process involves several key phases; that is, identification, collection, acquisition, and preservation of digital evidence. In the initial stages, investigators identify relevant digital data, which must be carefully collected and securely acquired to avoid contamination. Preservation ensures that the data remains intact, protecting it from potential tampering and ensuring its integrity over time.
Once evidence is gathered, it undergoes a rigorous analysis phase where forensic experts examine the data to uncover relevant findings. This analysis is then compiled into a report, presenting the evidence clearly and objectively for use in legal contexts. Reporting is crucial as it translates complex technical findings into accessible information for non-technical stakeholders, such as attorneys and judges.
Admissibility of digital evidence in court requires meeting certain legal standards. Legal standards associated with the production of evidence are inextricably linked to both procedural and individual due process; therefore, both reliability, and authenticity are essential aspects of the evidence production process. Therefore, a structured framework helps assess these factors, ensuring that evidence is valid and suitable for trial. In addition, preserving the integrity of digital evidence is critical. For example, procedures like hashing are used to verify that the evidence remains unaltered, allowing investigators to confirm its authenticity from the point of acquisition through courtroom presentation.
Preparing for forensic analysis in the context of cybercrime investigations and digital forensics involves a combination of technical skills, legal knowledge, and ethical considerations. Here’s a step-by-step guide on how to prepare for forensic analysis and explore the associated legal and ethical obligations:
- Obtain the necessary education and training in digital forensics. Many universities and institutions offer formal programs in this field.
- Stay up to date with the latest techniques and tools through continuing education, workshops, and certifications like Certified Information Systems Security Professional (CISSP) or Certified Computer Examiner (CCE).
- Develop a solid understanding of the legal framework surrounding cybercrime investigations and digital forensics, including relevant laws, regulations, and court procedures.
- Familiarize yourself with the laws and regulations in your jurisdiction, such as the Computer Fraud and Abuse Act (CFAA) in the United States.
- Adhere to a strict code of ethics. Digital forensics professionals must maintain the highest ethical standards to ensure the integrity of the evidence and their professional reputation.
- Respect individuals’ privacy rights and handle evidence with care to avoid violating those rights.
- Acquire the necessary hardware and software tools for digital forensics, including write-blockers, forensic imaging software, and analysis tools.
- Ensure that your tools are regularly updated and properly maintained to maintain their reliability.
- Develop standardized procedures for documenting every step of your analysis. Proper documentation is crucial for maintaining the chain of custody and ensuring the evidence’s admissibility in court.
- Implement strict evidence handling procedures to prevent contamination or tampering. Use write-blockers to ensure that data is not altered during the acquisition process.
- Maintain a chain of custody, tracking the evidence from the moment it’s collected until it’s presented in court.
- Use forensically sound methods to acquire digital evidence, ensuring the preservation of metadata and file integrity.
- Make multiple copies of the evidence, one for analysis, one for backup, and one for preservation.
- Employ validated forensic analysis techniques to examine digital evidence, such as file recovery, timeline analysis, and keyword searching.
- Use forensic tools that are accepted in court and can produce verifiable results.
- Create clear, concise, and detailed forensic reports that document your findings. The report should include details of the evidence, the procedures followed, and the conclusions drawn.
- Ensure your reports are unbiased and objective.
- Be prepared to testify as an expert witness in court. This involves explaining your findings, your methods, and the significance of your analysis to a judge and jury.
- Maintain professionalism and credibility during testimony.
- Have your work reviewed by peers or supervisors to ensure the highest quality and accuracy in your analysis.
- Continuously improve your skills and knowledge by learning from your mistakes and keeping up with advancements in the field.
- Uphold the highest ethical standards, respecting individuals’ rights to privacy and maintaining the integrity of the evidence.
- Ensure that all actions and procedures follow relevant laws and regulations.
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
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)
Nonresponsive Evidence
Volatile Evidence
Write Blockers
Read, Review, Watch and Listen
- Read the Law Enforcement Cyber Center’s Search Warrants for Digital Devices – International Association Chiefs of Police (IACP).
- Read Fraud in Forensics: Five Cases of Abuse and Evidence Mishandling (Forensics Colleges – Forensic Education Blog, 2022)
- Read Witnesses Describe FBI’s Mishandling of Computer Servers in Backpage Takedown (FrontPage Confidential: Online and On the Record, Nov. 2019)
- Presenting Digital Evidence that Holds up in Court (Forensics: On the Scene and in the Lab, April 2024).
- Read What is Digital Forensics? History, Process, Types, Challenges by Lawrence Williams (March 5, 2022)
- Watch Evidence in Civil and Criminal Cases: The Best Evidence (Original Documents) Rule [last accessed October 2024, embedded below].
- Listen to a podcast of your choice from: Digital Forensic Survival Podcast (last accessed, October 2024).
Activity
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.
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 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.
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.
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.
