08-Report Writing Expert Witness
08-Report Writing Expert Witness
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Overview
• Digital forensic analysts provide facts and impart knowledge
• Including expert opinion
• Communicate the results of your investigation
• Presents evidence
• Justification for collecting more evidence
• Courts require expert witness to submit written reports
• They must test evidence or gather technical information related to
the case
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Limiting a Report to Specifics
• All reports to clients should start with the job mission or goal
• Find information on a specific subject
• Recover certain significant documents
• Recover certain types of files
• Before you begin writing, identify your audience and the
purpose of the report
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Types of Reports
• Digital forensics examiners are required to create
different types of reports
Examination Plan Preliminary Report Full Investigative Report
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Guidelines for Writing Reports (cont.)
• As an expert witness, you may testify to an opinion, or
conclusion, if four basic conditions are met:
• Opinion, inferences, or conclusions depend on special knowledge or
skills
• Expert should qualify as a true expert
• Expert must testify to a certain degree of certainty
• Experts must describe facts on which their opinions are based, or
they must testify to a hypothetical question
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What to Include in Preliminary Reports
• Anything we write down as part of our examination for a
report
• Subject to discovery from the opposing attorney
• Considered high-risk documents
• Spoliation
• Destroying the report could be considered destroying or concealing
evidence
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What to Include in Preliminary Reports
(cont.)
• Additional items to include in preliminary report:
• Summarize billing to date and estimate costs to complete the effort
• Identify the tentative conclusion (rather than the preliminary
conclusion)
• Identify areas for further investigation and obtain confirmation from
the attorney on the scope of your examination
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Report Structure
• Structure
• Abstract (or summary)
• Table of contents
• Body of report
• Conclusion
• References
• Glossary
• Acknowledgements
• Appendixes
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Writing Reports Clearly
• Consider
1. Communicative quality
2. Ideas and organization
3. Grammar and vocabulary
4. Punctuation and spelling
• Lay out ideas in logical order
• Build arguments piece by piece
• Group related ideas and sentences into paragraphs
• Group paragraphs into sections
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Writing Reports Clearly (cont.)
• Avoid jargon, slang, and colloquial terms
• Define technical terms
• Consider your audience
• Consider writing style
• Use a natural language style
• Avoid repetition and vague language
• Be precise and specific
• Use active rather than passive voice
• Avoid presenting too many details and personal observations
• Include signposts
• Draw reader’s attention to a point
• E.g.: “The first step ..”, “The second step ..”, “The problem with this is
..”, “The result shows that ..”
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Designing the Layout and Presentation of
Reports
Decimal numbering
Legal-sequential numbering
structure
• Divides material into • Used in pleadings
sections • Roman numerals
• Readers can scan heading represent major aspects
• Readers see how parts • Arabic numbers are
relate to each other supporting information
I. Abstract I. Abstract
1.1 XXX 1. XXX
II. Detailed Analysis II. Detailed Analysis
Computer A Computer A
2.1 XXX 2. XXX
2.2 XXX 3. XXX
Computer B Computer B
2.3 XXX 4. XXX
2.4 XXX 5. XXX 13
Designing the Layout and Presentation of
Reports (cont.)
• Providing supporting material
• Use material such as figures, tables, data, and equations to help tell
the story
• Formatting consistently
• How you format text is less important than being consistent in
applying formatting
• Explaining examination and data collection methods
• Explain how you studied the problem, which should follow logically
from the purpose of the report
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Designing the Layout and Presentation of
Reports (cont.)
• Including calculations
• If you use any hashing algorithms, be sure to give the common name
• Providing for uncertainty and error analysis
• Protect credibility
• Explaining results and conclusions
• Explain findings, using subheadings to divide the discussion into
logical parts
• Save broader generalizations and summaries for the report’s
conclusion
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Designing the Layout and Presentation of
Reports (cont.)
• Providing references
• Cite references by author’s last name and year of publication
• Follow a standard format
• Including appendixes
• Include appendixes containing material such as raw data, figures not
used in the body of the report, and anticipated exhibits
• Arrange them in the order referred to in the report
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Generating Report Findings with
Forensics Software Tools
• Forensics tools generate reports when performing analysis
• Report formats
• Plaintext
• Word processor
• Spreadsheet
• HTML format
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Using Autopsy to Generate Reports
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Fact Witness VS Expert Witness
Fact Witness Expert Witness
Preparing
Technical
Definitions
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Documenting and Preparing Evidence
• Document your steps in gathering and preserving evidence.
• Make sure they are repeatable.
• Ensure the integrity of the evidence:
• Validate tools and verify evidence with hash algorithms.
• Collect evidence and record the tools used in designated file folders or
evidence containers.
• Chain of custody of evidence.
• When collecting evidence, be careful not to get too little or too much
information.
• Note the date and time of forensic workstation when starting analysis.
• State how keywords used relate to the case.
• Keep note simple and specific to the investigation.
• List only the evidence that relevant to the case in a report.
• Define digital forensics procedures use to conduct analysis.
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Creating and Maintaining CV
• Curriculum vitae (CV) – list education, training, and professional
experience and is used to qualify testimony.
• Should describe tasks performed that define specific accomplishments
and basic and advanced skills.
• List general and professional education and professional training.
• Include coursework sponsored by government agencies or organizations
that train government agency personnel and courses sponsored or
approved by professional associations, such as bar associations.
• Note any professional training provided or contributed to.
• Include a testimony log that reflects every testimony have given as an
expert.
• Reflects professional background.
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Preparing Technical Definitions
• Prepare definitions of technical concepts for a non-technical
audience.
• Examples: MD5, SHA-1 hashing algorithms, image files, file
slack, file timestamps, computer log files, folder or directory,
hardware, software, operating system.
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Testifying in Court
Understanding Provide
Guidelines on
the Trial Qualifications
Testifying
Process for Testimony
Testifying Testifying
during Direct during Cross-
Examination Examination
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Understanding the Trial Process
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Provide Qualifications for Testimony
• After the attorney has completed this examination on
qualifications, he/she asks the court to accept the witness.
• The opposing counsel might object and is allowed to examine
(cross-examination) the expert witness.
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Guidelines on Testifying
• Be professional and polite.
• Before the trial, learn the jury, judge, and other attorneys’
level of knowledge toward computers and technology.
• Two responses to use often as a witness:
• “That is beyond the scope of my expertise” or “I was not asked to
investigate that”
• “Can you please rephrase the question?”
• Reject restatement by saying “No, that isn’t what I said,” and
restate by starting with “What I said was.”
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Testifying during Direct Examination
• Direct testimony answer questions from the attorney who
hired the expert witness.
• Get the right language that communicates message to the
audience (judge, jury).
• Prepare a clear overview of findings and have a systematic and
easy-to-follow plan for describing evidence-collection
methods.
• Give answers that emphasize the factual findings and opinions.
• Remember to tailor the language to the judge/jury’s
educational level.
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Testifying during Cross-Examination
• Cross-examination answering questions from the opposing
attorney.
• Be aware of leading questions such as “Isn’t it true that
forensics experts always failed to recover pictures?”
• Question such as “Did you use more than one tool to verify the
evidence?”
• If we make a mistake in the testimony, correct it, and get back
on track with the testimony.
• Good technical credentials and related experience are the
most effective defense against cross-examination.
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Preparing for a Deposition or Hearing
• Deposition:
• No jury or judge, both attorneys are present and ask questions to the
expert witness.
• Purpose: for the opposing attorney to preview your testimony before
trial.
• Hearing:
• Generally comparable to testify at a trial.
• Conducted in front of a judge and held in a hearing room.
• Purpose: To determine whether the charges imposed are worth
pursuing or not.
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Preparing Forensics Evidence for
Testimony
• Example:
• Based on your analysis of John’s computer, the general counsel at ABC
Corporation has obtained an electronic discovery demand and received a
forensic disk image of former employee Jack’s personal computer.
• The general counsel sent the forensic disk image and instructed a forensics
examiner to search for all e-mails from John.
• The e-mail accounts to look for are [email protected] and
john_ali@gmail. com.
• After the forensics examiner have collected the e-mails, the general counsel
wants the forensics examiner to prepare to testify at a deposition hearing
about their contents.
• He also stated that the forensics examiner need to testify on how he/she
extracted the e-mails and how the chain of custody was maintained.
• Another examiner has already created a forensic image of Jack’s computer,
and gave the file to the forensics examiner.
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Preparing a Defense of Evidence-
Collection Methods
• Question 1: How did you find e-mails in the image of Jack’s
computer?
• Answer 1: I used Sleuth Kit’s Autopsy for Windows to access and search the
AA32.001 image of Jack’s computer.
• Question 2: How did you search for e-mails on Jack’s computer?
• Answer 2: In Autopsy, I used the Email Parser ingest module to find all Jack’s
e-mails. I then sorted the received e-mails and found all from John.
• Question 3: After you found these e-mails, what did you do?
• Answer 3: I used Autopsy to extract specific data items—in this case, e-
mails—and copy them to a report. Then I used Autopsy to create an Excel
spreadsheet of the extracted data.
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Preparing a Defense of Evidence-
Collection Methods (cont.)
• Question 4: What’s an image file?
• Answer 4: An image file is a copy of a computer’s disk drive. It copies all
areas of a disk drive, including deleted files.
• Question 5: When did you perform this examination?
• Answer 5: I performed this examination on November 7, 2020, at about 2:00
p.m.
• Question 6: How many e-mails on Jack’s computer were from John?
• Answer 6: I found twenty-two e-mails.
• Question 7: After finishing your examination, what did you do?
• Answer 7: I sent the case report with the spreadsheet data to the general
counsel. I then closed Autopsy and secured the external disk drive
containing the forensic image of Jack’s computer in the evidence locker.
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Expert Witness
• A person who testifies at a trial because he or she has
specialized knowledge of a particular subject area.
• To help the court understand complex technical processes
related to the digital evidence.
• To present the digital forensic analysis using clear explanations
and visual representations when necessary.
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CyberSecurity Malaysia's Digital Forensic
Lab
• The first laboratory in the Asia-Pacific region to be
accredited by ASCLD / LAB in the field of 'Digital &
Multimedia Evidence‘
• Based on ISO/IEC 17025:2005 and the ASCLD / LAB –
International Supplemental Requirements (2011 Edition) for
digital forensic laboratories.
• Services:
• Digital Forensic, Computer Forensics, Mobile Phone
Forensics, Audio Forensics, Video Forensics, First Responder,
Data Recovery, Data Sanitisation, Expert Witness
Source: https://www.malaysia.gov.my/portal/content/30885 36
Applying Ethics and Codes to Expert
Witnesses
• People need ethics to help maintain their balance.
• Forensics examiners usually relying on an internal code of
ethics.
• Expert witnesses are expected to present unbiased,
specialized, and technical evidence to a jury.
• Ethics are a tool to identify and control biases or prejudices.
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Codes of Ethics
• Look at the standards of other organizations.
• The ethical guidelines of organizations can have a great impact on
expert’s testimony.
• E.g.: International Society of Forensics Computer Examiners (ISFCE)
• In all forensic examinations, the investigator should maintain the greatest
objectivity and present accurate findings.
• All matters should be testified to truthfully before the court.
• The examiner shouldn’t take any action that would appear to be a conflict
of interest later on.
• Examinations must be based on well-established and validated principles.
• The examiner is forbidden to reveal any confidential information without
the client’s permission or a court order.
• The investigator is not allowed to misrepresent credentials or associated
memberships.
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Code of Ethics (cont.)
• E.g.: High Technology Crime Investigation Association (HTCIA)
• HTCIA members use specialized techniques and advanced technologies to
uncover the “truth” so as to avoid wrongful conviction.
• The HTCIA values its members’ integrity and the truth they reveal through
computer forensics best practices, involving effective techniques used to
collect digital evidence.
• International Association of Computer Investigative Specialists
(IACIS)
• Members should maintain the utmost objectivity in all forensics
investigations and present the facts accurately.
• The evidence should be examined and analyzed thoroughly.
• Only unbiased opinions should be given.
• Members must not conceal any findings that would cause the facts of a case
to be distorted or misrepresented.
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Summary
• Reports should answer the questions you were retained to
answer.
• A well-defined report structure contributes to readers’ ability
to understand the information you’re communicating.
• Includes clearly labelled sections and follows a numbering
scheme consistently.
• Clarity of writing is critical to a report’s success.
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