Module 2 - Part 2 (1)
Module 2 - Part 2 (1)
(1) Evidence from data at rest (attained from any device that
stores digital information)
1. Internet:
Evidence gained from the internet contains information collected
from website communications, emails, message boards, chat rooms,
file sharing networks etc.
Message boards and chat rooms cover mountains of info both in real
time as well as in records. Though sourced may easily be tracked and
recognized, there are many more difficulties posed by the internet
today.
The offenders may be outside the authority of the courts. Also, some
websites are intended for user anonymity making identification of
offenders more difficult.
Sources of Digital Evidence
2. Computers:
Computers are a origin of information with evidence attained using
singular removal methods.
3. Portable Devices:
These contain information sourced from smartphones, tablets
and other handheld devices or gadgets.
It surrounds the rules and legal principles that govern all the
proof of facts.
The rules may vary according to the criminal court, civil court etc.
Rules of Digital Evidence
The rules must be:
1. Admissible:
This is the most basic rule and a measure of evidence validity
and importance. The evidence must be preserved and gathered in
such a way that it can be used in court or elsewhere. Many errors
can be made that could cause a judge to rule a piece of evidence as
inadmissible. For example, evidence that is gathered using illegal
methods is commonly ruled inadmissible.
2. Authentic:
The evidence should act positively to an incident. The
forensic examiner must be responsible for the origin of the
evidence.
Rules of Digital Evidence
3. Complete:
When evidence is presented, it must be clear and
complete and should reflect the whole story. It is not enough to
collect evidence that just shows one perspective of the incident.
Presenting incomplete evidence is more dangerous than not
providing any evidence at all, as it could lead to a different
judgment.
4. Reliable:
Evidence collected from the device must be reliable.
This depends on the tools and methodology used. The
techniques used and evidence collected must not cast doubt on
the authenticity of the evidence. If the examiner used some
techniques that cannot be reproduced, then the evidence is not
Rules of Digital Evidence
considered unless they were directed to do so. This would
include possible destructive methods such as chip-off extraction.
5. Believable:
A forensic examiner must be able to explain, with clarity
and conciseness, what processes they used and the way the
integrity of the evidence was preserved. The evidence presented
by the examiner must be clear, easy to understand, and
believable by jury.
Types of Digital Evidence
There are many types of digital evidence, each with their own
specific or unique characteristics. Some of the major types of
evidences are as follows :
2. Electronic Evidence :
Electronic evidence is nothing but digital evidence. It is
known to us that the use of digital evidence in trials has greatly
increased. The evidences or proof that can be obtained from an
electronic source is called as digital evidence. This includes emails,
text messages, instant message logs, files and documents extracted
Types of Digital Evidence
from hard drives, word-processing documents, cell phone logs,
financial transactions, audio files, video files etc. Electronic
evidence can be found on any server or device that stores data,
including some lesser-known sources such as home, video game
consoles, GPS sport watches and internet enabled devices used in
home automation.
3. Documented Evidence :
Documented evidence is similar to demonstrative evidence.
However, in documentary evidence, the proof is presented in
writing (viz., contracts, letters, wills, invoices etc). It can also
includes other types of media. Such documentation can be
recorded and stored (viz., photographs, recordings, films, printed
emails etc).
Types of Digital Evidence
4. Explainable Evidence / Exculpatory Evidence:
This type of evidence is typically used in criminal cases in
which it supports the dependent either partially or totally removing
their guilt, in the case.
5. Substantial Evidence:
A proof that is introduced in the form of a physical object,
whether whole or in a part, is referred to as substantial evidence.
Such evidence might consist of dried blood, fingerprints and DNA
samples, casts of footprints or tries at the scene of crime.
6. Testimonial Evidence:
One of the most common forms of evidence, this is either
spoken or written evidence given by a witness under oath. It can be
gathered in court, at a deposition or through an affidavit.
Characteristics of Digital
Evidence
Some key characteristics of digital evidence include:
1. Authentication of evidence:
The laws of many state jurisdictions define data as “written-
words” and “record-keeping”. Before introducing them as evidence,
documents and recorded material must be authenticated.
The evidences those are collected by any person/investigator
should be collected using authenticate methods and techniques
because during court proceedings these will become major
evidences to prove the crime. The evidences collected must have
some sort of internal documentation that record the manner of
collected information.
Challenges in Evidence Handling
2. Chain of Custody:
The challenge of chain of custody requirements in any
organization is maintaining positive control of all the collected best
evidence until the evidences are carried or shipped to evidence
custodians for proper storage. As evidences should not be
accessible to anyone other than the appointed evidence custodian,
the best evidence of the organization must be stored within a safe
or storage room. “Evidence safe” is nothing but the storage area.
The evidence custodians must control and record all the “checked-
in” and “checked-out” of the evidence.
Challenges in Evidence Handling
3. Evidence Validation:
The challenge is to ensure that providing or obtaining the data
that one has collected is similar to the data provided in the court.
Duration between the collection of evidence and production of
evidence at a judiciary proceeding may be sometime several years.
To meet the challenges of validation, it is necessary to ensure that
the original media matches the forensic duplication by using MD5
hashes. The verify function within the Encase application can be
used while duplicating a hard drive with Encase. To perform a
forensic duplication using dd, one must record a MD5 hash for both
the original evidence media and binary files or the files which
compose the forensic duplication.
Incidence Response
Incidence Response is an associate degree organized
approach to speaking and handling the aftermath of a safety
breach or cyber attack, also known as an IT incident,
computer incident or security incident.
2. Security Analysts:
The manager is assisted by a team of security analysts who work
across departments to isolate and rectify flaws in the organization’s
security systems, solutions and applications. They recommend
specific measures to improve the overall security posture.
People involved in Incidence
Response process
3. Lead Investigator:
The manager isolates root cause, analyses all evidences,
manages other security analysts and conducts rapid systems and
service recovery.
4. Threat Researcher:
They provide the context of an incident and threat
intelligence. They use this information and records of previous
incidents to create a database of internal intelligence.
5. Management:
Management buy-in is necessary for provision of resources,
funding and time commitment for incidence response planning and
execution.
People involved in Incidence
Response process
6. Human Resources:
HR is called upon when an employee is discovered to be
involved with an incident.
8. Communications Lead:
They used to communicate with all audiences inside and
outside the company, including management, internal stakeholders,
legal, press and customers.
People involved in Incidence
Response process
9. Documentation and Timeline Lead:
Documents team investigation, discovery and recovery efforts
and creates a timeline for each stage of the incident so that the
Next generation Security Information and Event Management(SIEM)
systems are able to generate documentation and incidence timeline
automatically.