PRECEPT:a framework for ethical digital forensics investigations

Purpose: Cyber-enabled crimes are on the increase, and law enforcement has had to expand many of their detecting activities into the digital domain. As such, the field of digital forensics has become far more sophisticated over the years and is now able to uncover even more evidence that can be used to support prosecution of cyber criminals in a court of law. Governments, too, have embraced the ability to track suspicious individuals in the online world. Forensics investigators are driven to gather data exhaustively, being under pressure to provide law enforcement with sufficient evidence to secure a conviction. Yet, there are concerns about the ethics and justice of untrammeled investigations on a number of levels. On an organizational level, unconstrained investigations could interfere with, and damage, the organization’s right to control the disclosure of their intellectual capital. On an individual level, those being investigated could easily have their legal privacy rights violated by forensics investigations. On a societal level, there might be a sense of injustice at the perceived inequality of current practice in this domain. This paper argues the need for a practical, ethically-grounded approach to digital forensic investigations, one that acknowledges and respects the privacy rights of individuals and the intellectual capital disclosure rights of organisations, as well as acknowledging the needs of law enforcement. We derive a set of ethical guidelines, then map these onto a forensics investigation framework. We subjected the framework to expert review in two stages, refining the framework after each stage. We conclude by proposing the refined ethically-grounded digital forensics investigation framework. Our treatise is primarily UK based, but the concepts presented here have international relevance and applicability.Design methodology: In this paper, the lens of justice theory is used to explore the tension that exists between the needs of digital forensic investigations into cybercrimes on the one hand, and, on the other, individuals’ rights to privacy and organizations’ rights to control intellectual capital disclosure.Findings: The investigation revealed a potential inequality between the practices of digital forensics investigators and the rights of other stakeholders. That being so, the need for a more ethically-informed approach to digital forensics investigations, as a remedy, is highlighted, and a framework proposed to provide this.Practical Implications: Our proposed ethically-informed framework for guiding digital forensics investigations suggest a way of re-establishing the equality of the stakeholders in this arena, and ensuring that the potential for a sense of injustice is reduced.Originality/value: Justice theory is used to highlight the difficulties in squaring the circle between the rights and expectations of all stakeholders in the digital forensics arena. The outcome is the forensics investigation guideline, PRECEpt: Privacy-Respecting EthiCal framEwork, which provides the basis for a re-aligning of the balance between the requirements and expectations of digital forensic investigators on the one hand, and individual and organizational expectations and rights, on the other

PRECEPT: A Framework for Ethical Digital Forensics Investigations.

The file attached to this record is the author's final peer reviewed version. The Publisher's final version can be found by following the DOI link.Cyber-enabled crimes are on the increase, and law enforcement has had to expand many of their detecting activities into the digital domain. As such, the field of digital forensics has become far more sophisticated over the years and is now able to uncover even more evidence that can be used to support prosecution of cyber criminals in a court of law. Governments, too, have embraced the ability to track suspicious individuals in the online world. Forensics investigators are driven to gather data exhaustively, being under pressure to provide law enforcement with sufficient evidence to secure a conviction. Yet, there are concerns about the ethics and justice of untrammeled investigations on a number of levels. On an organizational level, unconstrained investigations could interfere with, and damage, the organization’s right to control the disclosure of their intellectual capital. On an individual level, those being investigated could easily have their legal privacy rights violated by forensics investigations. On a societal level, there might be a sense of injustice at the perceived inequality of current practice in this domain. This paper argues the need for a practical, ethically-grounded approach to digital forensic investigations, one that acknowledges and respects the privacy rights of individuals and the intellectual capital disclosure rights of organisations, as well as acknowledging the needs of law enforcement. We derive a set of ethical guidelines, then map these onto a forensics investigation framework. We subjected the framework to expert review in two stages, refining the framework after each stage. We conclude by proposing the refined ethically-grounded digital forensics investigation framework. Our treatise is primarily UK based, but the concepts presented here have international relevance and applicability. In this paper, the lens of justice theory is used to explore the tension that exists between the needs of digital forensic investigations into cybercrimes on the one hand, and, on the other, individuals’ rights to privacy and organizations’ rights to control intellectual capital disclosure. The investigation revealed a potential inequality between the practices of digital forensics investigators and the rights of other stakeholders. That being so, the need for a more ethically-informed approach to digital forensics investigations, as a remedy, is highlighted, and a framework proposed to provide this. Our proposed ethically-informed framework for guiding digital forensics investigations suggest a way of re-establishing the equality of the stakeholders in this arena, and ensuring that the potential for a sense of injustice is reduced. Justice theory is used to highlight the difficulties in squaring the circle between the rights and expectations of all stakeholders in the digital forensics arena. The outcome is the forensics investigation guideline, PRECEpt: Privacy-Respecting EthiCal framEwork, which provides the basis for a re-aligning of the balance between the requirements and expectations of digital forensic investigators on the one hand, and individual and organizational expectations and rights, on the other

Cyberterrorism: A postmodern view of networks of terror and how computer security experts and law enforcement officials fight them.

The purpose of this study is to investigate how cyberterrorists create networks in order to engage in malicious activities against the Internet and computers. The purpose of the study is also to understand how computer security labs (i.e., in universities) and various agencies (that is, law enforcement agencies such as police departments and the FBI) create joint networks in their fight against cyberterrorists. This idea of analyzing the social networks of two opposing sides rests on the premise that it takes networks to fight networks. The ultimate goal is to show that, because of the postmodern nature of the Internet, the fight between networks of cyberterrorists and networks of computer security experts (and law enforcement officials) is a postmodern fight. Two theories are used in this study: social network theory and game theory.This study employed qualitative methodology and data were collected via in-depth conversational (face-to-face) interviewing. Twenty-seven computer security experts and law enforcement officials were interviewed. Overall, this study found that cyberterrorists tend not to work alone. Rather, they team up with others through social networks. It was also found that it takes networks to fight networks. As such, it is necessary for experts and officials to combine efforts, through networking, in order to combat, let alone understand, cyberterrorist networks. Of equal relevance is the fact that law enforcement agents and computer security experts do not always engage in battle with cyberterrorists. They sometimes try to interact with them in order to obtain more information about their networks (and vice versa). Finally, four themes were identified from the participants' accounts: (1) postmodern state of chaos, (2) social engineering, (3) know thy enemy, and (4) the enemy of my enemy is my friend

Research Toward a Partially-Automated, and Crime Specific Digital Triage Process Model

The digital forensic process as traditionally laid out begins with the collection, duplication, and authentication of every piece of digital media prior to examination. These first three phases of the digital forensic process are by far the most costly. However, complete forensic duplication is standard practice among digital forensic laboratories. The time it takes to complete these stages is quickly becoming a serious problem. Digital forensic laboratories do not have the resources and time to keep up with the growing demand for digital forensic examinations with the current methodologies. One solution to this problem is the use of pre-examination techniques commonly referred to as digital triage. Pre-examination techniques can assist the examiner with intelligence that can be used to prioritize and lead the examination process. This work discusses a proposed model for digital triage that is currently under development at Mississippi State University