Defined, digital forensics is the application of computer science and investigate procedures for legal purposes that involve the analysis of digital evidence after proper search authority, chain of custody, validation with mathematics, use of validated tools, repeatability, reporting, and expert witness testimony later in court.
FRE - The Federal Rules of Evidence was created to ensure consistency in federal proceedings. It was signed into law in 1973. In the United States, many state rules map to the FRE.
The Computer Analysis and Response Team (CART) has four pillars of which they uphold in order to handle digital evidence from the moment it is captured to the point in time it is presented in court. By the 1990's, CART teamed up with the DoD Computer Forensics Laboratory.
THE FOURTH AMENDMENT - Protects everyone's rights in the US to be secure from search and seizure. Separate search warrants might not be necessary for digital evidence though. Every U.S. jurisdiction has case law related to the admissibility of evidence recovered from digital devices.
INVESTIGATING DIGITAL DEVICES
A BRIEF HISTORY
By the early 1990's, the international Association of Computer Investigative Specialists (IACIS) introduced training on software for digital forensics. For example, ARS Data created Expert Witness for OSX. The IRS created search-warrant programs around this time. ILook is currently maintained by the IRS Criminal Investigation Division. And my personal favorite; AccessData Forensic Toolkit is a very popular commercialized forensic acquisition tool.
WHERE ARE WE NOW?
In the next post of this series, I will delve into the advanced techniques, tactics, and procedures that digital investigators use when investigating cybercrime and your rights. Please note, none of this should be construed as legal advice, as I am not an attorney. This is only for educational purposes.
FRE - The Federal Rules of Evidence was created to ensure consistency in federal proceedings. It was signed into law in 1973. In the United States, many state rules map to the FRE.
The Computer Analysis and Response Team (CART) has four pillars of which they uphold in order to handle digital evidence from the moment it is captured to the point in time it is presented in court. By the 1990's, CART teamed up with the DoD Computer Forensics Laboratory.
THE FOURTH AMENDMENT - Protects everyone's rights in the US to be secure from search and seizure. Separate search warrants might not be necessary for digital evidence though. Every U.S. jurisdiction has case law related to the admissibility of evidence recovered from digital devices.
INVESTIGATING DIGITAL DEVICES
- Collect data securely.
Examining suspect data to determine details such as origin and content.
Presenting digital information to courts
Applying laws to digital device practices.
A BRIEF HISTORY
By the early 1990's, the international Association of Computer Investigative Specialists (IACIS) introduced training on software for digital forensics. For example, ARS Data created Expert Witness for OSX. The IRS created search-warrant programs around this time. ILook is currently maintained by the IRS Criminal Investigation Division. And my personal favorite; AccessData Forensic Toolkit is a very popular commercialized forensic acquisition tool.
WHERE ARE WE NOW?
In the next post of this series, I will delve into the advanced techniques, tactics, and procedures that digital investigators use when investigating cybercrime and your rights. Please note, none of this should be construed as legal advice, as I am not an attorney. This is only for educational purposes.
