A Review of Recent Case Law Related to Digital Forensics: The Current Issues

Digital forensics is a new field without established models of investigation. This study uses thematic analysis to explore the different issues seen in the prosecution of digital forensic investigations. The study looks at 100 cases from different federal appellate courts to analyze the cause of the appeal. The issues are categorized into one of four categories, ‘search and seizure’, ‘data analysis’, ‘presentation’ and ‘legal issues’. The majority of the cases reviewed related to the search and seizure activity. Keywords: Computer Investigation, Case Law, Digital Forensics, Legal Issues, and Court

A Review of Recent Case Law Related to Digital Forensics: The Current Issues

Digital forensics is a new field without established models of investigation. This study uses thematic analysis to explore the different issues seen in the prosecution of digital forensic investigations. The study looks at 100 cases from different federal appellate courts to analyze the cause of the appeal. The issues are categorized into one of four categories, ‘search and seizure’, ‘data analysis’, ‘presentation’ and ‘legal issues’. The majority of the cases reviewed related to the search and seizure activity. Keywords: Computer Investigation, Case Law, Digital Forensics, Legal Issues, and Court

The Gap between Theory and Practice in Digital Forensics

Digital forensics is a young field that is being defined by the reactive nature of its development – in terms of both research and practice. As technology develops, digital forensics is forced to react and adapt. The rapid development of technology and the lack of an established theoretical foundation has led to a disconnect between the theory and practice of digital forensics. While the base theoretical issues are being worked on by researchers, practitioners are dealing with entirely new sets of issues. The complexity of investigations is increasing, and anti-forensics techniques are advancing as well. The disconnect will be resolved by economic and legal factors, as well as each side understanding their role in the development of this field and improving their channels of communication. This understanding will lead to digital forensics becoming a more mature and effective field. Keywords: digital forensics, theory, research, practic

Digital Forensics: Everything Leaves a Trace in Cyberspace

What is cyberforensics • Legal issues • The computer/network forensics process • Where does the data go ‐- Some examples • Locard\u27s Principle --Overvie

Digital Forensics: Everything Leaves a Trace in Cyberspace

What is cyberforensics • Legal issues • The computer/network forensics process • Where does the data go ‐- Some examples • Locard\u27s Principle --Overvie

Institut za medicinska istraživanja i medicinu rada: Izvještaj o radu u 2005.

The field of digital forensics has emerged as one of the fastest changing and most rapidly developing investigative specialisations in a wide range of criminal and civil cases. Increasingly there is a requirement from the various legal and judicial authorities throughout the world, that any digital evidence presented in criminal and civil cases should meet requirements regarding the acceptance and admissibility of digital evidence, e.g., Daubert or Frye in the US. There is also increasing expectation that digital forensics labs are accredited to ISO 17025 or the US equivalent ASCLD-Lab International requirements. On the one hand, these standards cover general requirements and are not geared specifically towards digital forensics. On the other hand, digital forensics labs are mostly left with costly piece-meal efforts in order to try and address such pressing legal and regulatory requirements. In this paper, we address these issues by proposing DF-C2M2, a capability maturity model that enables organisations to evaluate the maturity of their digital forensics capabilities and identify roadmaps for improving it in accordance with business or regulatory requirements. The model has been developed through consultations and interviews with digital forensics experts. The model has been evaluated by using it to assess the digital forensics capability maturity of a lab in a law enforcement agency

Assessing the legal risks in network forensic probing

This paper presents a framework for identifying the legal risks associated with performing network forensics on public networks. The framework is discussed in the context of the Gnutella P2P network protocol for which the legal issues related to authorized access have not yet been addressed

Honeypots and honeynets: issues of privacy

Honeypots and honeynets are popular tools in the area of network security and network forensics. The deployment and usage of these tools are influenced by a number of technical and legal issues, which need to be carefully considered. In this paper, we outline the privacy issues of honeypots and honeynets with respect to their technical aspects. The paper discusses the legal framework of privacy and legal grounds to data processing. We also discuss the IP address, because by EU law, it is considered personal data. The analysis of legal issues is based on EU law and is supported by discussions on privacy and related issues

Digital forensics and the legal system: A dilemma of our times

Computers have become an important part of our lives and are becoming fundamental to activities in the home and workplace. Individuals use computer technology to send emails, access banking information, pay taxes, purchase products, surf the internet and so on. Business also use computers and the Internet to perform accounting tasks, manage customer information, store trade secrets, and develop new products and services. State, Federal and Local government agencies use the computer and Internet to create and access information. Similarly, digital systems have become the mainstay of criminal activity. Legal proceedings have always been influenced by tradition and court decisions. These legal traditions and decisions have necessitated the development of complex sets of rules that are used to assess forensic evidence in legal matters. Information and communication technology has impacted enterprise investigation and associated legal matters by requiring electronic evidence to be considered. However, not all evidence presented by digital forensic investigators in legal proceedings has been admissible. The digital forensics investigator must adopt procedures that adhere to the standards of admissibility for evidence in a court of law; proper content inspection of a computer system, proper analysis documentation and professional court representation to ensure a successful outcome. This paper presents an overview of issues in the discipline of digital forensics and explores some areas in the legal system where digital forensics evidence is most likely to be questioned. These include case jurisdiction, search and seizure, spoliation of evidence and issues of “good faith”, evidence preservation, investigation and analysis

Digital forensics: an integrated approach for the investigation of cyber/computer related crimes

A thesis submitted to the University of Bedfordshire in partial fulfilment of the requirements for the degree of Doctor of PhilosophyDigital forensics has become a predominant field in recent times and courts have had to deal with an influx of related cases over the past decade. As computer/cyber related criminal attacks become more predominant in today’s technologically driven society the need for and use of, digital evidence in courts has increased. There is the urgent need to hold perpetrators of such crimes accountable and successfully prosecuting them. The process used to acquire this digital evidence (to be used in cases in courts) is digital forensics. The procedures currently used in the digital forensic process were developed focusing on particular areas of the digital evidence acquisition process. This has resulted in very little regard being made for the core components of the digital forensics field, for example the legal and ethical along with other integral aspects of investigations as a whole. These core facets are important for a number of reasons including the fact that other forensic sciences have included them, and to survive as a true forensics discipline digital forensics must ensure that they are accounted for. This is because, digital forensics like other forensics disciplines must ensure that the evidence (digital evidence) produced from the process is able to withstand the rigors of a courtroom. Digital forensics is a new and developing field still in its infancy when compared to traditional forensics fields such as botany or anthropology. Over the years development in the field has been tool centered, being driven by commercial developers of the tools used in the digital investigative process. This, along with having no set standards to guide digital forensics practitioners operating in the field has led to issues regarding the reliability, verifiability and consistency of digital evidence when presented in court cases. Additionally some developers have neglected the fact that the mere mention of the word forensics suggests courts of law, and thus legal practitioners will be intimately involved. Such omissions have resulted in the digital evidence being acquired for use in various investigations facing major challenges when presented in a number of cases. Mitigation of such issues is possible with the development of a standard set of methodologies flexible enough to accommodate the intricacies of all fields to be considered when dealing with digital evidence. This thesis addresses issues regarding digital forensics frameworks, methods, methodologies and standards for acquiring digital evidence using the grounded theory approach. Data was gathered using literature surveys, questionnaires and interviews electronically. Collecting data using electronic means proved useful when there is need to collect data from different jurisdictions worldwide. Initial surveys indicated that there were no existing standards in place and that the terms models/frameworks and methodologies were used interchangeably to refer to methodologies. A framework and methodology have been developed to address the identified issues and represent the major contribution of this research. The dissertation outlines solutions to the identified issues and presents the 2IR Framework of standards which governs the 2IR Methodology supported by a mobile application and a curriculum of studies. These designs were developed using an integrated approach incorporating all four core facets of the digital forensics field. This research lays the foundation for a single integrated approach to digital forensics and can be further developed to ensure the robustness of process and procedures used by digital forensics practitioners worldwide