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

A framework for the forensic investigation of unstructured email relationship data

Our continued reliance on email communications ensures that it remains a major source of evidence during a digital investigation. Emails comprise both structured and unstructured data. Structured data provides qualitative information to the forensics examiner and is typically viewed through existing tools. Unstructured data is more complex as it comprises information associated with social networks, such as relationships within the network, identification of key actors and power relations, and there are currently no standardised tools for its forensic analysis. Moreover, email investigations may involve many hundreds of actors and thousands of messages. This paper posits a framework for the forensic investigation of email data. In particular, it focuses on the triage and analysis of unstructured data to identify key actors and relationships within an email network. This paper demonstrates the applicability of the approach by applying relevant stages of the framework to the Enron email corpus. The paper illustrates the advantage of triaging this data to identify (and discount) actors and potential sources of further evidence. It then applies social network analysis techniques to key actors within the data set. This paper posits that visualisation of unstructured data can greatly aid the examiner in their analysis of evidence discovered during an investigation

Calm before the storm: the challenges of cloud computing in digital forensics

Cloud computing is a rapidly evolving information technology (IT) phenomenon. Rather than procure, deploy and manage a physical IT infrastructure to host their software applications, organizations are increasingly deploying their infrastructure into remote, virtualized environments, often hosted and managed by third parties. This development has significant implications for digital forensic investigators, equipment vendors, law enforcement, as well as corporate compliance and audit departments (among others). Much of digital forensic practice assumes careful control and management of IT assets (particularly data storage) during the conduct of an investigation. This paper summarises the key aspects of cloud computing and analyses how established digital forensic procedures will be invalidated in this new environment. Several new research challenges addressing this changing context are also identified and discussed

Rethinking Digital Forensics

© IAER 2019In the modern socially-driven, knowledge-based virtual computing environment in which organisations are operating, the current digital forensics tools and practices can no longer meet the need for scientific rigour. There has been an exponential increase in the complexity of the networks with the rise of the Internet of Things, cloud technologies and fog computing altering business operations and models. Adding to the problem are the increased capacity of storage devices and the increased diversity of devices that are attached to networks, operating autonomously. We argue that the laws and standards that have been written, the processes, procedures and tools that are in common use are increasingly not capable of ensuring the requirement for scientific integrity. This paper looks at a number of issues with current practice and discusses measures that can be taken to improve the potential of achieving scientific rigour for digital forensics in the current and developing landscapePeer reviewe