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

On the complexity of collaborative cyber crime investigations

This article considers the challenges faced by digital evidence specialists when collaborating with other specialists and agencies in other jurisdictions when investigating cyber crime. The opportunities, operational environment and modus operandi of a cyber criminal are considered, with a view to developing the skills and procedural support that investigators might usefully consider in order to respond more effectively to the investigation of cyber crimes across State boundaries

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

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

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

Rethinking Security Incident Response: The Integration of Agile Principles

In today's globally networked environment, information security incidents can inflict staggering financial losses on organizations. Industry reports indicate that fundamental problems exist with the application of current linear plan-driven security incident response approaches being applied in many organizations. Researchers argue that traditional approaches value containment and eradication over incident learning. While previous security incident response research focused on best practice development, linear plan-driven approaches and the technical aspects of security incident response, very little research investigates the integration of agile principles and practices into the security incident response process. This paper proposes that the integration of disciplined agile principles and practices into the security incident response process is a practical solution to strengthening an organization's security incident response posture.Comment: Paper presented at the 20th Americas Conference on Information Systems (AMCIS 2014), Savannah, Georgi