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What is it?
The UK Forensic Science Regulator DEFINES DIGITAL FORENSICS as: the process by which information is extracted from data storage media (e.g. devices, systems associated with computing, …), rendered into a useable form, processed and interpreted for the purpose of obtaining intelligence for use in investigations, or evidence for use in criminal proceedings
Overview
Digital Forensics can be used to gather evidence in many criminal investigations
Legislations on agencies powers to access communications continues to be debated
The forensic science regulator requires all digital forensics practitioners undertaking criminal justice work was to be accredited by 2017, but accepts this will be challenging (ISO 17025)
Encryption and cloud storage can inhibit digital forensics investigations but offer security and flexibility to its users
Rapid development and adoption of technology is increasing demand for digital forensics services. Methods such a triaging are being used to address this demand
Legislation and Regulation
Police and Criminal Evidence Act 1984 (PACE)
Computer Misuse Act 1990 (CMA)
Police and Criminal Evidence Act 1984 (PACE)
PACE sets out to strike the right balance between the powers of the police and the rights and freedoms of the public. Maintaining that balance is a central element of PACE
Computer Misuse Act 1990 (CMA)
The Computer Misuse Act of 1990 is a law in the United Kingdom that makes certain activities illegal, such as hacking into other people’s systems, misusing software, or helping a person to gain access to protected files of someone else’s computer
NPCC Guidelines - the 4 Principles
PRINCIPLE 1 - Don’t change data
“No action taken by law enforcement agencies, persons employed within those agencies or their agents should change data which may subsequently be relied upon in court”
PRINCIPLE 2 | Be competent
“In circumstances where a person finds it necessary to access original data, that person must be competent to do so and be able to give evidence explaining the relevance and the implications of there actions.”
PRINCIPLE 3 | Keep an audit trial
“An audit trail or other record of all processes applied to digital evidence should be created and preserved. An independent third party should be able to examine those processes and achieve the same result.”
PRINCIPLE 4 | SIO/OIC is in charge
“The person in charge of the investigation (the case officer) has overall responsibility for ensuring that the law and these principles are adhered to."
Types of Storage Media
Laptops
Digital Cameras
External HDD
Mobile Phones
Sim Card
Memory Cards
USB sticks
Dash Cam
Desktops
iPads/Tablets
Smart TV
CCTV
Removal and Acquiring of Data
Recovery of data includes;
Data is extracted, which may involve making a copy of a hard disk, extracting data from a mobile phone, or recovering data from a remote system
Data is then processed to allow an examiner to work on them
This can include decrypting data and recovering files
Examination of Data
Data is analysed and interpreted, which often involves synthesising information from different sources. This may require significant expertise
Kiosks
A Kiosk features bespoke forensic investigation software is being trialled by the Metropolitan Police Service and other forces. It is designed to enable front-line police officers (after a day of training, for example) to collect evidence from mobile devices by following a series of on-screen instructions. Devices are plugged into the kiosk and analysed. Officers then use the software to extract relevant information and to produce a standard report on the items found
Triage
Triage can be used to determine whether a device should be prioritised for further investigation
It may involve police on the scene assessing whether a device is likely to be useful before seizing it, or making a rapid search of it once seized to decide whether to pass it onto a specialist team
On-the-scene triage might involve officers examining computers using a USB stick with forensic software. Triaging kiosks are being piloted by some police forces as one method for triaging seized devices
Digital Forensics Challenge
ACCESSING DATA
The data required are not always readily available to investigators. They could be encrypted or stored in the cloud, making access difficult. Criminals with technical expertise may also use antiforensics to hide their tracks.
ENCRYPTION
Encryption is a critical tool for protecting personal or commercially sensitive data. However, in some forms it may hamper digital investigations. Encryption is the process of scrambling data so that it can only be read by an authorised recipient. The original information is encoded using an encryption key and algorithm. A corresponding key and algorithm are then needed to decrypt the data
Cloud Storage
Users’ data and activity records are less likely to be held locally on devices, thus a device may not yield evidence, even if forensic techniques are used. Moreover, cloud service accounts (like many online services) are often password-protected.
Data can be requested from the cloud service providers. However, these companies are often based outside the UK and the servers on which the data are stored can be anywhere in the world. Investigators use MLAT (Mutual Legal Assistance Treaties) to ask local law enforcement agencies to issue a warrant to the company to obtain the data
Anti-Forensics
Some criminals are aware of the techniques available to law enforcement and try to hide their digital activity. The processes they use, known as anti-forensics, tend only to occur in the most complex cases. Such techniques may leave traces that could alert investigators to missing evidence. Practices include:
Changing the dates and times associated with files to stop investigators building a reliable timeline of events
Permanently erasing files by overwriting them
Using encrypted digital storage with multiple passwords leading to different sections of the drive. Revealing the password to one section (which contains nothing incriminating), does not disclose whether there is a hidden section containing evidence