Digital Forensics Overview and Key Legal Considerations

Disk Forensics

Analyzing information on physical storage media.

Email Forensics

Studying email source and content as evidence.

Network Forensics

Examining network traffic and transaction logs.

Internet Forensics

Determining user activity on the internet.

Software Forensics

Examining malicious computer code.

Live System Forensics

Searching memory in real-time on compromised hosts.

Cell-Phone Forensics

Searching contents of cell phones for evidence.

Chain of Custody

Maintaining evidence custody from seizure to court.

Forensic Copy

Creating a duplicate for analysis without altering data.

Documentation

Recording all actions and presence during evidence handling.

VoIP Forensics

Analyzing Voice over Internet Protocol communications.

FISA

Foreign Intelligence Surveillance Act of 1978.

USA PATRIOT Act

Legislation enhancing law enforcement surveillance capabilities.

CALEA

Communications Assistance for Law Enforcement Act.

Malware Forensics

Analyzing and investigating malicious software.

Sniffers

Tools for monitoring network traffic in real-time.

Transaction Logs

Records of transactions for forensic examination.

Real-Time Monitoring

Observing live data flow for immediate analysis.

Hidden Information Recovery

Retrieving data that is not visible to users.

Deleted Information Recovery

Restoring data that has been removed from storage.

Initial Analysis

First examination of a system to assess state.

Compromised Hosts

Systems that have been breached or attacked.

Specialized Skills

Expertise required for various forensic analysis types.

Chain of Custody

Documentation of evidence handling and access.

Secure Evidence

Protect evidence integrity and prevent tampering.

Daubert Standard

Criteria for assessing expert scientific testimony.

Peer Review

Evaluation of scientific work by experts in the field.

Federal Privacy Act of 1974

Regulates handling of individual information by federal agencies.

System of Records

Group of records retrievable by individual identifiers.

Privacy Protection Act of 1980

Protects journalists' work from law enforcement access.

Communications Assistance Act of 1994

Federal law regulating wiretapping of communications.

Unlawful Access to Stored Communications

Prohibits unauthorized access to electronic communication facilities.

Evidence Documentation

Record details of evidence from seizure to trial.

Forensic Lab Security

Locked access for authorized personnel only.

Need-to-Know Basis

Access granted only to those who require it.

Scientific Validity

Evidence must be based on accepted scientific methods.

Error Rate

Known potential errors in scientific techniques.

Widespread Acceptance

Techniques must be recognized by scientific community.

Jurisdictional Laws

Local laws governing digital forensics practices.

Licensed Investigator Requirement

Some jurisdictions require licensed professionals for evidence extraction.

Controversial Stories

Journalistic works that may involve sensitive information.

Electronic Communications

Includes wired, wireless, and voice over packet communications.

Signaling Traffic

Data related to the signaling of electronic communications.

Punishment for Unauthorized Access

Up to 5 years imprisonment for first offense.

Documentation Importance

Over-documentation is crucial for investigation integrity.

Electronic Communications Privacy Act

Governs privacy and access to electronic communications.

Computer Security Act of 1987

Establishes security practices for federal computer systems.

Foreign Intelligence Surveillance Act

Allows surveillance for foreign intelligence collection.

Child Protection and Sexual Predator Act

Mandates reporting child pornography to law enforcement.

Children's Online Privacy Protection Act

Protects children's data under 13 from online collection.

Communications Decency Act

Protects minors from indecent online material.

Telecommunications Act of 1996

Regulates privacy in telephony and computer networks.

Wireless Communications and Public Safety Act

Allows use of nonverbal communication data collection.

USA PATRIOT Act

Facilitates collection of internet and communication metadata.

Sarbanes-Oxley Act of 2002

Regulates electronic recordkeeping for public companies.

18 USC 1030

Covers crimes involving unauthorized computer access.

18 USC 1020

Covers crimes involving access devices like routers.

Digital Millennium Copyright Act

Criminalizes circumvention of copyright protection methods.

Electronic storage

Storage of electronic communications in a system.

Unauthorized access

Accessing a facility without permission.

Authorization

Permission granted to access a facility.

Warrant

Legal document allowing surveillance actions.

Indecent material

Content considered inappropriate for minors.

Sensitive information

Data requiring protection due to privacy concerns.

Minimum security practices

Basic standards for safeguarding sensitive data.

Child pornography

Illegal content involving minors, requiring reporting.

Metadata

Data providing information about other data.

Electronic communication service

Service providing transmission of electronic messages.

Identity Theft

Crime involving unauthorized use of personal information.

Aggravated Identity Theft

Enhanced penalties for identity theft involving sensitive data.

18 USC § 1028A

Federal law targeting identity theft crimes.

Sexual Exploitation of Children

Crimes related to the abuse and exploitation of minors.

18 USC § 2251

Production of child pornography for importation.

18 USC § 2252

Possession and distribution of child pornography.

18 USC § 2252A

Activities involving material constituting child pornography.

Seizure of Property

Interference with an individual's possessory interests.

United States v. Jacobsen

Case defining seizure of property under Fourth Amendment.

Berger v. New York

Case extending seizure to intangible communications.

Reasonable Expectation of Privacy

Standard determining if a search requires a warrant.

Plain Sight Doctrine

Evidence visible without a warrant is admissible.

Consent to Search

Permission granted to law enforcement for investigation.

Scope of Consent

Limits of what a consent allows law enforcement to search.

Legal Guardianship

Authority to consent on behalf of another individual.

Border Crossing Searches

Searches allowed without warrants at customs.

Imminent Danger Exception

Warrantless searches when evidence may be destroyed.

Fourth Amendment

Protects against unreasonable searches and seizures.

Public Bulletin Board

No privacy expectation for publicly posted messages.

Closed Container Rule

Searches require warrants unless consent is given.

Child Pornography

Illegal material depicting sexual exploitation of minors.

Computer Crime Cases

Legal issues surrounding digital privacy and consent.

Warrant Requirement

Legal necessity for searches unless exceptions apply.

Warrantless seizure

Justified when evidence destruction is imminent.

Probable cause

Reasonable grounds to believe evidence exists.

Scope of a warrant

Limits of what can be searched or seized.

United States v. Schlingloff

Case regarding exceeding warrant scope.

Forensic Toolkit (FTK)

Software used for digital forensic investigations.

Known File Filter (KFF)

Tool to identify specific file types.

Magnetic media

Data storage using magnetic fields.

Hard drives

Primary storage devices using magnetic media.

Floppy drives

Outdated magnetic storage devices.