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

Dark clouds on the horizon:the challenge of cloud forensics

We introduce the challenges to digital forensics introduced by the advent and adoption of technologies, such as encryption, secure networking, secure processors and anonymous routing. All potentially render current approaches to digital forensic investigation unusable. We explain how the Cloud, due to its global distribution and multi-jurisdictional nature, exacerbates these challenges. The latest developments in the computing milieu threaten a complete “evidence blackout” with severe implications for the detection, investigation and prosecution of cybercrime. In this paper, we review the current landscape of cloud-based forensics investigations. We posit a number of potential solutions. Cloud forensic difficulties can only be addressed if we acknowledge its socio-technological nature, and design solutions that address both human and technological dimensions. No firm conclusion is drawn; rather the objective is to present a position paper, which will stimulate debate in the area and move the discipline of digital cloud forensics forward. Thus, the paper concludes with an invitation to further informed debate on this issue

A Comprehensive Analysis of the Role of Artificial Intelligence and Machine Learning in Modern Digital Forensics and Incident Response

In the dynamic landscape of digital forensics, the integration of Artificial Intelligence (AI) and Machine Learning (ML) stands as a transformative technology, poised to amplify the efficiency and precision of digital forensics investigations. However, the use of ML and AI in digital forensics is still in its nascent stages. As a result, this paper gives a thorough and in-depth analysis that goes beyond a simple survey and review. The goal is to look closely at how AI and ML techniques are used in digital forensics and incident response. This research explores cutting-edge research initiatives that cross domains such as data collection and recovery, the intricate reconstruction of cybercrime timelines, robust big data analysis, pattern recognition, safeguarding the chain of custody, and orchestrating responsive strategies to hacking incidents. This endeavour digs far beneath the surface to unearth the intricate ways AI-driven methodologies are shaping these crucial facets of digital forensics practice. While the promise of AI in digital forensics is evident, the challenges arising from increasing database sizes and evolving criminal tactics necessitate ongoing collaborative research and refinement within the digital forensics profession. This study examines the contributions, limitations, and gaps in the existing research, shedding light on the potential and limitations of AI and ML techniques. By exploring these different research areas, we highlight the critical need for strategic planning, continual research, and development to unlock AI's full potential in digital forensics and incident response. Ultimately, this paper underscores the significance of AI and ML integration in digital forensics, offering insights into their benefits, drawbacks, and broader implications for tackling modern cyber threats

Cyber-crime Science = Crime Science + Information Security

Cyber-crime Science is an emerging area of study aiming to prevent cyber-crime by combining security protection techniques from Information Security with empirical research methods used in Crime Science. Information security research has developed techniques for protecting the confidentiality, integrity, and availability of information assets but is less strong on the empirical study of the effectiveness of these techniques. Crime Science studies the effect of crime prevention techniques empirically in the real world, and proposes improvements to these techniques based on this. Combining both approaches, Cyber-crime Science transfers and further develops Information Security techniques to prevent cyber-crime, and empirically studies the effectiveness of these techniques in the real world. In this paper we review the main contributions of Crime Science as of today, illustrate its application to a typical Information Security problem, namely phishing, explore the interdisciplinary structure of Cyber-crime Science, and present an agenda for research in Cyber-crime Science in the form of a set of suggested research questions