Answer these two questions using the attach pdf file as one reference, the other reference can be fron the internet. 130 words per answer due 9/ 26/ 13 at 2 pm
UMUC
Cybercrime Investigation and Digital Forensics
CSEC650
© UMUC 2011 Page 1 of 26
Contents
Topic 1: Scenario …………………………………………………………………………………………………………….. 2
Scenario: Southern TelcoSol’s DEA Encounter ………………………………………………………………… 2
Topic 2: Module Introduction …………………………………………………………………………………………….. 4
Topic 3: Types of Computer Crime…………………………………………………………………………………….. 5
Crimes Against Individuals …………………………………………………………………………………………….. 5
Commercial and Government Crime ………………………………………………………………………………. 8
Topic 4: Relevance of Computer Evidence ……………………………………………………………………….. 12
How Relevant Is Computer Evidence? ………………………………………………………………………….. 12
Evaluation Criteria ………………………………………………………………………………………………………. 13
Topic 5: Controlling Digital Evidence after Acquisition ………………………………………………………… 15
Challenges and Risks …………………………………………………………………………………………………. 15
Controlling Digital Evidence …………………………………………………………………………………………. 17
Topic 6: Sharing Evidence ………………………………………………………………………………………………. 18
To Share or Not to Share …………………………………………………………………………………………….. 18
Topic 7: Activity……………………………………………………………………………………………………………… 19
Activity—The Investigation …………………………………………………………………………………………… 19
Topic 8: Summary………………………………………………………………………………………………………….. 24
Glossary ……………………………………………………………………………………………………………………….. 25
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Topic 1: Scenario
Scenario: Southern TelcoSol’s DEA Encounter
Digital Evidence Controls and Crime Processing
CSEC650—Module 3
Southern TelcoSol’s DEA Encounter
Timothy Sullivan, Chief Information Officer (CIO) of Southern TelcoSol, is engrossed in
his work one afternoon when he receives a phone call from Drug Enforcement
Administration (DEA) Special Agent Jennifer O’Hare. The phone call catches him off
guard; Timothy is not aware of any dealings with the DEA, although some people in his
information security team are members of the local chapter of InfraGard. The agent
requests a meeting with Timothy in relation to an ongoing investigation into drug dealing.
Timothy immediately has a hunch about what the DEA agent is referring to. However, all
he says is that he will consult his colleagues and schedule the meeting shortly.
Scenario
Timothy, Southern TelcoSol’s CIO, has been contacted by a DEA agent about an
investigation into drug dealing. Timothy believes that the agent may be investigating
Alana Blank, vice president of marketing at Southern TelcoSol.
Alana is suspected of communicating with a local drug dealer. Immediately after he
receives the call from the DEA agent, Timothy calls his company’s Chief Information
Security Officer (CISO), Nelson Gomez, and Chief Executive Officer (CEO), Brad
Timberlake, for an urgent meeting.
Here is a transcript of the conversation among Timothy, Nelson, and Brad.
Timothy: It seems we had valid suspicions about Alana Blank after all. I just got a call
from the DEA requesting a meeting to discuss an ongoing drug-dealing investigation.
Brad: Did you mention Alana to her?
Timothy: No, I haven’t brought that up yet. I wanted to discuss the matter with you first.
Nelson, how much information do we have on this so far?
Nelson: We believe that Alana has been communicating with the leader of a local
cocaine ring via e-mail and through an instant messaging feature on the professional
networking site Plugg-In.
Brad: You discovered this last week, right?
Nelson: Yes, we discovered it last week during our internal IT audit. We were monitoring
network traffic from external sites to detect malware when I noticed that Alana was
communicating with Taylor Anthony.
Nelson: Taylor Anthony was recently in the news for his alleged involvement in
international drug trafficking. This is a serious matter, and we need to decide how to
handle it.
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Brad: Let’s take a call on it right now. We could allow Nelson to help the DEA agent
gather any digital evidence she might need.
Brad: Alternatively, we could take a more passive approach by providing the DEA with
supervised access to any computer systems that they request.
Timothy: Some organizations decide not to actively support investigations unless
they’re legally bound to do so under a search warrant or affidavit.
Analysis
Analyzing the Choices
Consider the scenario and the three distinct approaches that Southern TelcoSol can
adopt to handle the investigation of Alana. Which approach do you think would be the
most appropriate? In your opinion, are any of these approaches right or wrong?
Complete Cooperation
As Brad says in the scenario, Southern TelcoSol could have its CISO help the DEA
gather any digital evidence required. By proactively helping law enforcement in an
investigation, the organization would be acting as a good corporate citizen.
Supervised Access
Brad’s second option involves providing the DEA with supervised access to computer
systems, and does not entail complete proactive cooperation. However, this approach
still helps law enforcement to the extent that help is requested.
Minimal Cooperation
By offering minimal cooperation, an organization supports investigations only to the
extent mandated by law. Most organizations take the approach of requesting the
involvement of law enforcement only if they believe that the case involves a serious
criminal matter, has an international dimension to it, or is related to cyberterrorism.
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Topic 2: Module Introduction
When investigating computer crime, the digital trail of evidence involves complex
technologies. A digital trail of evidence is harder to trace than a traditional one.
Computer forensic investigators find it helpful to think like criminals. Adopting this
mindset helps in the identification of relevant computer evidence.
There is a diverse range of computer crimes today, and computer criminals are normally
ahead of the forensic technology curve. This module provides an overview of the various
types of computer crime. It then discusses the relevance of computer evidence. The
module explores the final steps in the chain-of-custody process—controlling digital
evidence after it is acquired. Finally, the module examines differing approaches to
sharing evidence with government agencies, including law enforcement.
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Topic 3: Types of Computer Crime
Crimes Against Individuals
Computer Crimes
Computer crimes can be committed against individuals, as well as against private- and
public-sector organizations.
Computer crimes commonly committed against individuals include:
Cyberstalking
Harassment
Cyberbullying
Identity theft
Phishing
Theft of personal information
Extortion
Spam
Analyzing Scenarios
Victim 1: Natalie James
Natalie’s friend, John, had asked her out on a date, but she refused to go out with him. A
few days later, she received an obscene e-mail at work from an unknown sender who
claimed that he knew her office address. When she ignored the e-mail, she started
receiving frequent text messages from an unknown number making references to her
whereabouts. Natalie is now afraid and has approached the local police for help.
Question: Which computer crime do you think the e-mail and text messages constitute?
a. Harassment
b. Cyberstalking
Correct Answer: Option b
Feedback:
Using technology such as a cell phone or e-mail to monitor another person constitutes
cyberstalking.
Harassment includes sending threatening or annoying materials to another person
targeted because of gender, sexual orientation, race, or religion. For instance, a female
manager who sends out anti-male jokes to the men in her department is engaging in
harassment.
Victim 2: Jeanette Lewis
Jeanette Lewis is the CEO of a midsized IT company and the mother of two young girls.
Over the past week, she has received a number of e-mails from unknown addresses,
containing threats to kidnap her daughters unless she transfers $500,000 to a bank
account in the Cayman Islands.
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Question: Which computer crime do you think these e-mails constitute?
a. Extortion
b. Cyberbullying
Correct Answer: Option a
Feedback:
Threatening or coercing another person with the objective of achieving financial or other
gain is extortion.
Cyberbullying involves using Internet technologies to intimidate or threaten another
person. For instance, a young boy, Tommy, does not like another boy, Steve, because
of Steve’s religion. Tommy sends abusive e-mails and text messages insulting Steve’s
religion and threatening Steve with physical assault.
Victim 3: Alistair Chan
One of Alistair Chan’s co-workers noticed that he was using a popular tax-preparation
software program on his work computer. When Alistair left his computer unlocked during
a coffee break, the co-worker used the computer to print a copy of Alistair’s personal tax
return.
Question: Which computer crime do you think this action constitutes?
a. Theft of personal information
b. Identity theft
Correct Answer: Option a
Feedback:
Stealing personal information, such as a person’s Social Security number or medical or
tax records, constitutes theft of personal information.
Identity theft involves stealing someone’s identity and using it for malicious purposes.
For instance, stealing someone’s mail to get his or her credit card number and bank
account information, and then withdrawing funds or making purchases in that person’s
name, is identity theft.
Victim 4: Jane Balfour
Jane Balfour is a senior citizen who mostly uses her computer to stay in touch with her
friends and relatives over e-mail. One day, she receives an e-mail that appears to be
from her bank. The e-mail asks her to update her account details and verify the credit
card information that the bank has on file. She updates the information as requested and
soon finds that her credit card has been misused to make expensive purchases online.
Question: Which computer crime do you think this constitutes?
a. Spam
b. Phishing
Correct Answer: Option b
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Feedback:
Sending an e-mail that plausibly claims to be from a legitimate source, and which
requests personal information like credit card numbers or bank account details,
constitutes phishing.
Spam, also known as unsolicited commercial e-mail, often seeks to have computer
users buy products. Some spam may also infect recipients’ systems with malware. For
instance, a virus writer develops a new worm that will serve as the basis of a rootkit and
e-mails it to thousands of individuals, with the e-mail’s subject line mentioning the name
of a beautiful movie actress. When the recipient opens an attachment that appears to be
a photo of the actress, the recipient’s computer is immediately infected with the worm.
More Information
In computer forensics, it is important to understand that computers and related
equipment can be the source, vector, or target of a crime. For instance, computer
malware makes a computer the target of a crime. In a Denial of Service (DoS) attack,
a computer is the source of the crime.
In the context of computer crimes, the word hacker is often used in a pejorative
sense. A hacker is a highly proficient professional who delights in gaining knowledge
about computer technologies. If a hacker breaks into systems, it is not necessarily to
cause damage or steal data. It may be to determine and disclose the vulnerabilities
in a particular system or software and even to help mitigate the vulnerabilities. The
term hacker therefore has positive and negative connotations. On the other hand, the
term cracker is used to describe a malicious hacker who uses his or her
technological proficiency for personal gain or to damage systems.
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Topic 3: Types of Computer Crime
Commercial and Government Crime
Forensic Frontiers is a weekly television show on forensic investigation. The show is
hosted by Joanne Sebastian, an expert in computer forensics. This episode examines
electronic crime against commercial enterprises and government agencies.
Segment 1
Here is a transcript of the conversation between Joanne and Vikram.
Joanne: Welcome to Forensic Frontiers. I’m Joanne Sebastian. In today’s episode, we’ll
discuss electronic crime against commercial enterprises and government agencies.
Joanne: Joining me in the studio is another forensic expert who specializes in computer
crime against corporate entities. Welcome to the show, Vikram Chandra.
Joanne: Vikram will join me in discussing some of the most common computer crimes
committed against commercial enterprises and government agencies.
Vikram: The first crimes that come to mind in the corporate context are extortion and
theft of intellectual property.
Vikram: Extortion refers to making threats for personal gain, while theft of intellectual
property involves stealing patents or trademarks.
More Information
Theft of Intellectual Property
Description: Theft of intellectual property involves stealing patents, trademarks, trade
secrets, or proprietary information from an organization or individual. It is increasingly
common these days for employees to steal technical knowledge from their employers
and try to sell it to a competitor. Organizations expend significant time, money, and
expertise in developing intellectual property. The theft of this type of asset is therefore a
significant crime.
Example: A disgruntled employee steals trade secrets and tries to sell them to an
overseas competitor.
Evidence: The evidence involved in this type of crime would probably be the copying of
individual electronic files.
Extortion from Company Employees
Description: Extortion involves making threats in order to force an individual or an
organization to do something—provide money, usually—to escape the threat.
Example: A drug gang threatens to kidnap a CEO unless a sum of money is paid to
them.
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Evidence: Digital evidence would probably be in the form of e-mail messages, instant
messages, or phone calls. The investigation may require input from an audio expert.
Segment 2
Here is a transcript of the conversation between Joanne and Vikram.
Joanne: What are cyberterrorism and information warfare? Are they the same thing?
Vikram: Not really. Cyberterrorism uses computer technologies to instill fear in an
organization or society.
Joanne: Then I suppose an attack on a nation’s computer systems and information
infrastructure constitutes information warfare?
Vikram: That’s correct.
More Information
Cyberterrorism
Description: Cyberterrorism uses computer technologies to instill fear in an organization
or society.
Example: The Tamil Tigers launch a worm against the Sri Lankan army’s IT
infrastructure.
Evidence: Potential evidence in this case would be the worm malware itself and
information obtainable through network forensics.
Information Warfare
Description: When an individual, a group, an organization, or a nation attacks another’s
computer systems and information infrastructure, it is engaging in information warfare.
Example: The Russian government launches a full-scale DoS attack against the IT
infrastructure of Chechnya.
Evidence: Digital evidence in such a case would reside in network log files and event
information.
Segment 3
Here is a transcript of the conversation between Joanne and Vikram.
Joanne: Of course, there’s also the common phenomenon of computer hacking, which
entails breaking into an organization’s computer systems to obtain information.
Vikram: Closely related to hacking is computer intrusion, which involves breaching an
organization’s information security.
Vikram: Computer fraud involves using a computer or mobile device to commit financial
fraud.
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More Information
Computer Intrusion
Description: Breaching an organization’s security infrastructure to gain information or
another type of asset.
Example: A competitor’s employee tries to gain access to a company’s system in an
attempt to learn more about the development of a new product.
Evidence: The most likely sources of digital evidence in a computer intrusion would be
found via network forensics, and might include log information from firewalls, the
Intrusion Detection System (IDS), and routers.
Computer Fraud
Description: Using a computer device to commit financial fraud, such as theft of funds
from a customer’s stock brokerage trading account.
Example: A hacker writes a computer virus that illegally accesses others’ bank accounts
and makes small monthly transfers from them to the hacker’s bank account.
Evidence: The type of digital evidence in this case would vary, and would involve
identifying the computer virus and performing forensic analysis on the software.
Computer Hacking
Description: Computer hacking involves breaking into an organization’s computer
systems to obtain information. While computer intrusions are an illegal activity, hacking
may also be done for reasons such as to highlight the vulnerability of an organization’s
network or software.
Example: A criminal organization hacks into the database of a credit card processing
company.
Evidence: Potential digital evidence in this type of crime would include various hacking
scripts, programs, and toolkits.
Segment 4
Here is a transcript of the conversation between Joanne and Vikram.
Joanne: You can’t discuss crime against governments without bringing up drug
trafficking.
Vikram: Absolutely. It’s always been a major area of concern. There’s also the issue of
circulating obscene or offensive material.
More Information
Obscene or Offensive Material or Speech
Description: Obscene or offensive material or speech involves circulation of racial slurs,
offensive e-mail messages, photos, or videos. Obscene or offensive material or speech
includes content that is pornographic or contains slurs based on race, ethnicity, religion,
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national origin, gender, or sexual orientation. This material can be circulated by means
of e-mail, instant messages, photographs, or videos.
Example: An employee watches a pornographic video at work.
Evidence: An employee watching pornography at work is a straightforward case.
Evidence would be located as a file or an encrypted file on the employee’s computer. If
viewed on the Internet, a forensic investigator would need to identify which Web sites the
employee visited.
Drug Trafficking
Description: Drug trafficking involves the sale and distribution of illegal drugs.
Example: Opium farmers sell their crops to dealers, who distribute the processed heroin
throughout Europe.
Evidence: In this type of case, in addition to traditional physical evidence, a digital
investigator would look for evidence on computers as well as embedded systems, such
as cell phones.
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Topic 4: Relevance of Computer Evidence
How Relevant Is Computer Evidence?
The relevance of digital evidence can vary significantly according to the specific legal
case. Digital evidence can play a minor role or a substantial role in a given case.
Example: Major Role
A digital investigator was looking into an online harassment complaint against a man
named Scott Jamieson. When searching for evidence related to the harassment
complaint, the investigator noticed some pornographic pictures of children on Jamieson’s
computer. The investigator obtained a warrant allowing him to search for child
pornography on Jamieson’s computer. Eventually, Jamieson was charged with 19
counts of possession of child pornography and convicted on 18 counts. For the
harassment complaint, Jamieson was tried in a separate proceeding for unlawful use of
a computer and disorderly conduct.
Reference: Casey, E. (2011). Digital evidence and computer crime: Forensic science, computers and the
Internet (3rd ed.) (pp.59). Waltham, MA: Academic Press.
Example: Minor Role
There are some cases in which digital evidence plays only a minor role. Consider the
case of a man being sued for at-fault divorce by his wife on the grounds that he
committed adultery. In this case, his cell phone might have the telephone numbers of
other women with whom he is associated. However, the mere fact that the man has the
names and numbers of other women stored in his phone’s contact list by no means
proves that he is guilty of adultery. Other types of evidence will need to be obtained and
verified for a judge to evaluate during the divorce proceedings.
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Topic 4: Relevance of Computer Evidence
Evaluation Criteria
Introduction
One major test of whether evidence is valid is the hearsay rule, governed by the Federal
Rules of Evidence. Under this rule, if one person makes a statement—possibly about a
technology—another individual can express doubts about the accuracy of this statement,
provided it is an opinion rather than a factual statement. Generally speaking, hearsay
evidence is not admissible in most court cases.
No matter how relevant digital evidence might seem, it must meet the following criteria
established by law in order to be considered legally valid.
Admissibility: Evidence must be acceptable in a court of law. To determine
admissibility, a judge can carry out legal tests to assess a piece of evidence.
Authenticity: Authenticity of evidence refers to establishing the credibility of
evidence in a court of law. A court must be convinced that evidence was acquired
from a specific location, and that it is accurate and unchanged from the time it was
acquired.
Reliability: The reliability of evidence can be established by determining whether the
computer from which the evidence was acquired was functioning normally, and by
examining the evidence to detect tampering or other damage.
Completeness: Evidence must be complete, and not partial. The facts revealed by
the evidence must be conclusive, and not open to interpretation.
Reference: Casey, E. (2011). Digital evidence and computer crime: Forensic science, computers and the
Internet (3rd ed.) (pp.58–61). Waltham, MA: Academic Press.
Legal Case Analysis
Question 1: The digital forensic investigator on a case was able to image and analyze
only part of a 200 GB hard drive. This evidence includes only one-third of the data on the
hard drive. Which of the following criteria would this evidence not meet?
a. Admissibility
b. Reliability
c. Completeness
d. Authenticity
Correct Answer: Option c
Feedback:
As the investigator analyzed only part of the hard drive, the digital evidence in question
would not satisfy the evaluation criterion of completeness. In this case, the investigator
was not able to obtain and analyze all the relevant evidence on the hard drive.
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Question 2: A judge is trying to decide whether a piece of digital evidence should be
permitted to be shown to the jury. Which criterion for evaluating evidence would the
judge apply?
a. Authenticity
b. Reliability
c. Completeness
d. Admissibility
Correct Answer: Option d
Feedback:
The admissibility criterion establishes which types of evidence are acceptable or
presentable in court.
Question 3: Since a court-approved piece of software was not available to a forensic
investigator, the investigator decided to use a new open-source software tool to analyze
evidence. This tool was recently released on the Internet by an independent developer in
Germany. What aspects of the forensic analysis is the judge likely to raise as issues?
a. Admissibility
b. Reliability
c. Completeness
d. Authenticity
Correct Answers: Options b and d
Feedback:
Given that the software used to analyze the evidence is a new open-source tool, the
judge is likely to raise concerns about the authenticity and reliability of the evidence.
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Topic 5: Controlling Digital Evidence after Acquisition
Challenges and Risks
Working with digital evidence presents a unique set of challenges and risks.
Challenges
After digital evidence has been acquired from its source, it is the responsibility of the
forensic investigator to ensure that this evidence is properly controlled and is not
exposed to the risk of inadmissibility in court.
Digital Evidence Can Be Voluminous
Digital evidence is likely to be large in size. Although the volume of data collected varies
depending on the nature of the legal case, it is common practice to gather every
potential source of evidence during the acquisition process. For instance, 50 client
computers on a local area network (LAN) will take a long time to image, analyze, and
prepare for court proceedings.
In a major federal case involving the collapse of a large, publicly traded company, there
could be more than 1,000 computing devices—computers and servers—that have to be
imaged and analyzed by federal law enforcement agencies.
Digital Evidence Must Adhere to Standards
Digital evidence must adhere to the Federal Rules of Evidence. This codification of legal
standards details the requirements for admissibility of evidence in a legal case.
Therefore, it directly affects how forensic investigators handle digital evidence to ensure
its integrity. For example, Rule 105,”Limited Admissibility,” allows a judge to determine
what evidence is admissible and if it can be submitted by one party or the other. The
judge can also determine whether the evidence should be considered by the jury in
reaching their verdict.
Reference: Cornell University Law School, Legal Information Institute (n.d.). Rule 105.Limited admissibility.
Federal Rules of Evidence. Retrieved from http://www.law.cornell.edu/rules/fre/rules.htm#Rule105
Digital Evidence Can Be Tampered With
In April 2006, the U.S. Supreme Court gave its approval to proposed amendments to the
Federal Rules of Civil Procedure regarding electronically stored information. These
changes recognized the challenges inherent in handling digital evidence
1
. For instance,
Rule 26, “Duty to Disclose; General Provisions Governing Discovery,” discusses the
numerous requirements related to the treatment of evidence, including expert witnesses,
copies of evidence, and specific limitations on electronically stored information
2
.
Reference:
1
Roberts, C. G. (2006, August).The 2006 discovery amendments to the Federal Rules of Civil Procedure.
Law Practice Today. Retrieved from http://apps.americanbar.org/lpm/lpt/articles/tch08061.shtml
2
Cornell University Law School, Legal Information Institute (n.d.). Rule 26.Duty to disclose; general
provisions governing discovery. Federal Rules of Civil Procedure. Retrieved from
http://www.law.cornell.edu/rules/frcp/Rule26.htm
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Risks
Each scenario listed here presents a different risk regarding digital evidence. Match
each scenario with the appropriate risk.
Scenario
Risk
1. Digital evidence is not placed in special
tamper-proof bags and evidence rooms
with environmental controls.
A. Evidence tampering
2. Digital forensic evidence is lost due to a
fire.
B. Degradation or deterioration of
evidence
3. A non-forensic specialist working for a
police department wants to view a disk
drive image because the case involves
an old friend of his.
C. Loss or destruction of evidence
4. Digital evidence is not acquired using
industry standard practices and
procedures.
D. Inadmissibility of evidence
Correct Answer: 1-B, 2-C, 3-A, 4-D
Feedback:
Not placing digital evidence in tamper-proof bags and evidence rooms with
environmental controls can lead to degradation or deterioration of the evidence.
Unauthorized or undocumented access to evidence qualifies as evidence tampering.
If evidence is destroyed intentionally or unintentionally, as in the case of a fire, then it is
simply not available for use in a legal case. This amounts to loss or destruction of
evidence. Inadmissibility of evidence is a key concern for a digital forensic investigator. If
the evidence is not obtained using industry standard practices, a judge may deem it
inadmissible. This could destroy the prosecution’s entire case.
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Topic 5: Controlling Digital Evidence after Acquisition
Controlling Digital Evidence
Like any other type of evidence, digital evidence needs to be controlled and handled
professionally. These control measures mitigate the risks of mishandling, destruction,
and inadmissibility of evidence.
Step 1: Use Property Tags and Identification Labels
Digital forensic investigators need to attach property tags to computer hardware or
software media. The tags are attached so as to avoid damaging the media while
providing reference to the case number, property custodians, investigators, and related
information.
Identification labels are similar to property tags. However, they are used for computer-
generated copies of media, paper files, and other case-related evidence.
Step 2: Use Evidence Bags
Tamper-proof evidence bags are required to maintain the physical integrity of the
evidence and protect it against damage from environmental factors.
Step 3: Place Evidence in a Secured Facility
Digital forensic investigators need to place evidence in a room or facility that is
monitored and secured. This is frequently referred to as an evidence room by law
enforcement agencies. This location must be under constant surveillance and security
monitoring to deter unauthorized access to or tampering with evidence.
Step 4: Use Environmental Controls
Forensic investigators must ensure the use of proper environmental controls, including
air conditioning and humidity controls, in the evidence room or other evidence storage
facilities.
Step 5: Lock Boxes that Contain Evidence
It is essential to lock all boxes that contain digital evidence, even though the boxes are
placed in a secure evidence room. Locking these boxes helps deter tampering.
Step 6: Prevent Unauthorized Access and Use Log Sheets
The evidence room must have controls in place to prevent unauthorized access.
Physical controls such as security guards, closed-circuit television surveillance, and
proximity card readers are three common effective measures.
In addition, it is crucial to use a log sheet or a similar form to document every time a
piece of evidence is moved. This form should record who moved the evidence, when
and where it was taken, and when it was returned. Every action needs to be thoroughly
documented to eliminate all doubt regarding the Chain of Custody later in the
investigation.
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Topic 6: Sharing Evidence
To Share or Not to Share
Back at Southern TelcoSol, Timothy, the CIO; Nelson, the CISO; and Brad, the CEO,
are discussing the question of how much information to share with the DEA in its
investigation of Alana.
Here is a transcript of the conversation among Brad, Timothy, and Nelson.
Brad: We need to tackle a very fundamental question: whether or not we should actively
share evidence with the DEA.
Timothy: Most organizations request the involvement of law enforcement only if their
case involves a serious criminal matter, has an international dimension to it, or is related
to cyberterrorism.
Timothy: If that is not the case, we should conduct an internal investigation.
Nelson: Given that Alana’s case is likely to be a criminal matter rather than a civil one,
we should seek advice from legal counsel regarding access to evidence.
Timothy: Yes, and if gathering and analyzing evidence warrants the involvement of law
enforcement, we can always contact the DEA for consultation.
Analysis
Sharing Evidence with Law Enforcement
The conversation among Southern TelcoSol’s CIO, CISO, and CEO led them to compile
a generic list of advantages and disadvantages of sharing evidence with law
enforcement.
Advantages
Disadvantages
1. Developing a good relationship with
law enforcement.
2. Securing additional digital forensic
expertise to aid an investigation.
3. Increasing the digital forensic
knowledge base within the
organization.
1. Providing access to non-case-related
information that might be damaging to
the company.
2. Developing a bad reputation if the
company is seen as incapable of
dealing with its own digital forensic
investigations.
3. Promoting a perception that law
enforcement is a free resource that
any organization can call upon for
assistance.
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Topic 7: Activity
Activity—The Investigation
Introduction
With detailed cybersecurity policies in place at Southern TelcoSol, Nelson, the CISO,
and Timothy, the CIO, are confident that they should undertake the investigation of
Alana’s case internally. Together with the CEO, they have decided to use advanced
enterprise forensic software to examine Alana’s computer. The software allows them to
access Alana’s computer surreptitiously over the company’s network.
After all the digital evidence has been acquired, Southern TelcoSol needs to label the
evidence properly and store it securely. Given the lack of secure storage areas for
evidence and the fact that Nelson is not a full-time forensic examiner, this investigation is
a bit of a challenge for the company. Nelson does, however, have industry certification in
the field of digital forensics. He senses that he can gather a lot of useful evidence to
support the investigation.
Internal Investigation
Question 1: What types of files is Nelson likely to find on Alana’s computer hard drive?
a. A significant amount of e-mail messages
b. Electronic spreadsheets
c. An anti-forensic software application
d. Video files
Correct Answers: Options a, b, and d
Feedback:
Since it is already known that Alana has a corporate e-mail account and possibly
another personal one, Nelson is likely to find e-mail messages on her hard drive.
Because she is the vice president of marketing, Alana’s hard drive would likely also
contain different types of electronic spreadsheets related to budgets, consumer
research, marketing campaigns, and possibly even her drug deals.
Video files may also be found relating to Alana’s work in the marketing department. As
for anti-forensic software, unless Alana is a very sophisticated criminal, it is unlikely she
would have this installed on her hard drive.
Question 2: Which of the following types of evidence would be inadmissible in court in
this case?
a. E-mail messages
b. Family photographs
c. Electronic spreadsheets
d. Database files
Correct Answer: Option b
Feedback:
Family photographs are personal information and are therefore not likely to be
considered admissible by a judge in this case. However, e-mails, spreadsheets, and
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database files could qualify as admissible evidence.
Question 3: From where could the CISO obtain or develop a comprehensive Chain of
Custody form?
a. A professional colleague from the field of computer forensics
b. A Department of Justice publication
c. A computer forensics textbook
d. His local office-supply store
Correct Answers: Options a, b, and c
Feedback:
Office-supply stores do not carry forms or other documents used in the field of computer
forensics.
By referring to a Justice Department publication or a computer forensics textbook,
Nelson might be able to develop his own template for a Chain of Custody form for this
and future projects. A professional colleague in the field of computer forensics might also
be able to provide Nelson with a Chain of Custody form.
Question 4: What medium is the best choice for Nelson to use in making daily images
of Alana’s computer?
a. Floppy disks
b. Optical disks
c. External hard drives
d. A folder on a file server in the marketing department
Correct Answer: Option c
Feedback:
External hard drives are current technology. They are easy to use and have ample
storage space. Nelson could use one drive for each day.
Floppy disks are much too small for the amount of data that Alana would have on her
computer. As for optical disks, they are not very popular in the field because they require
a special type of reader. A folder on the marketing department’s file server would be in
view of other users, including Alana, and might arouse suspicion.
Question 5: What should the CISO use to label each piece of media properly?
a. Sticky notes
b. Envelopes
c. File folders
d. Evidence tags
Correct Answer: Option d
Feedback:
Evidence tags represent a professional method of controlling and storing digital
evidence. Sticky notes, envelopes, and file folders should not be used as they are
susceptible to physical damage, deterioration, or loss.
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Question 6: Southern TelcoSol does not have an evidence room like one at a police
department. Through his training, Nelson knows that the evidence must be properly
secured. What should he do to resolve this issue?
a. Purchase a small, fireproof safe and place it in a locked desk drawer
b. Ask the cashier’s office to store the evidence
c. Take the evidence home every night
d. Leave the evidence in plain view on his desk
Correct Answer: Option a
Feedback:
Purchasing a fireproof safe and placing it in a locked desk drawer is the most secure and
reasonable approach to take. Storing the evidence in the cashier’s office, taking it home
every night, or leaving it in plain sight presents many risks related to loss, damage, or
tampering.
Question 7: At the time of the investigation, was Southern TelcoSol adequately
prepared for gathering authentic digital evidence?
a. No, they should have hired an external consultant.
b. Yes, it appears so.
Correct Answer: Option b
Feedback:
Given that Southern TelcoSol had a trained, industry-certified CISO who could properly
acquire digital evidence, the company was prepared for this type of forensic
investigation. Even though some workarounds were required, Nelson adequately
demonstrated his capability.
Question 8: A meeting is finally scheduled between Jennifer, the DEA agent, and
Southern TelcoSol’s CEO, CIO, and CISO. Whom should the Southern TelcoSol team
consult regarding this situation before the meeting takes place?
a. Southern TelcoSol’s Chief Financial Officer (CFO)
b. Alana
c. The manager of Southern TelcoSol’s data center
d. Legal counsel
Correct Answer: Option d
Feedback:
Seeking legal advice is very important before meeting with law enforcement agents. A
lawyer will be able to advise Southern TelcoSol’s CEO, CIO, and CISO regarding what
to say and what not to say, and also educate them regarding the laws relevant to the
case.
Southern TelcoSol’s CFO and data center manager do not have any role to play in the
investigation. Besides, it is prudent not to discuss this matter with any individuals who do
not need to be involved. Since Alana is the suspect, it would not be appropriate to speak
with her.
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DEA Investigation
Timothy, the CIO of Southern TelcoSol, along with Nelson, the CISO, and Brad, the
CEO, meets with Jennifer, the DEA agent.
Here is a transcript of the conversation among them.
Jennifer: The DEA is in the process of conducting a nationwide investigation into a
Colombian drug cartel controlled by the Perez family in Cali.
Jennifer: At this time, we believe that one of your company’s employees is helping this
cartel smuggle and distribute cocaine in the United States.
Jennifer: The evidence that we have gathered so far points to Alana Blank. She is our
prime suspect.
Timothy: Please allow me to introduce you to our CISO, Nelson Gomez, who is a
Certified Computer Examiner and a member of the local InfraGard chapter. He will
explain his internal investigation.
Nelson: Over the past week, I have observed some suspicious activities related to her
interactions on a professional networking site called Plugg-In.
Nelson: I noticed that she was communicating with Taylor Anthony—a suspected drug
trafficker—and I became concerned.
Nelson: I began to use our computer systems to closely monitor Alana’s online
activities.
Jennifer: May I ask what the current scope and preliminary findings of your investigation
are?
Nelson: I have been accessing Alana’s computer via the network using advanced
enterprise forensic software.
Nelson: Based on screen captures and communication logs of the Plugg-In chat
application, I also think she might be involved in a local drug-dealing racket.
Jennifer: That information is very useful to our investigation. Would you be willing to
share the data with me?
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Analysis
Analyzing the Situation
Question: Do you think Southern TelcoSol should share the information that Nelson has
gathered with the DEA?
a. Yes
b. No
Feedback:
There is no correct or incorrect answer to this question. Given the specific circumstances
of the Alana Blank case, Southern TelcoSol would have to make its own decision about
whether to share evidence with the DEA.
The potential advantages of sharing evidence are as follows:
It could result in Southern TelcoSol building a good rapport with the DEA, which may
be helpful for future forensic investigations involving criminal or terrorism-related
activities.
Management would be seen as “doing the right thing” in terms of corporate ethics.
After the investigation is made public, Southern TelcoSol employees would likely
take pride in their company management for not tolerating employees involved in
criminal activities.
The potential disadvantages of sharing evidence are as follows:
The company might face a lawsuit from Alana.
The DEA might grow suspicious regarding other corporate matters that they might
want to investigate. This suspicion and consequent investigations could result in a
bad relationship between Southern TelcoSol and the DEA.
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Topic 8: Summary
We have come to the end of Module 3. The key concepts covered in this module are
listed below.
Computer crimes can be committed against individuals, as well as against
private- and public-sector organizations.
Computer crimes commonly committed against individuals include cyberstalking,
harassment, cyberbullying, identity theft, spam, and phishing.
Crimes committed against commercial enterprises and government agencies
include theft of intellectual property, extortion, cyberterrorism, information
warfare, computer hacking and intrusion, computer fraud, drug trafficking, and
circulating obscene or offensive material.
To qualify for consideration in a legal case, digital evidence must meet the
criteria of admissibility, authenticity, reliability, and completeness.
There are various advantages and disadvantages to an organization’s sharing
evidence with law enforcement, depending on whether the case involves a
serious criminal matter, has an international dimension to it, or is related to
cyberterrorism. It is advisable for an organization to conduct an internal
investigation on its own, as far as possible.
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Glossary
Term Definition
Admissibility of
Evidence
Admissibility of evidence refers to the acceptability of
evidence in a court of law. Evidence must be acceptable to
the court. To determine admissibility, a judge can carry out
legal tests to assess a piece of evidence.
Authenticity of
Evidence
Authenticity of evidence refers to establishing the credibility of
evidence in a court of law. To establish authenticity, a court
must be convinced that evidence was acquired from a specific
location. Evidence must be proved to be accurate and
unaltered from the time it was acquired.
Cyberbullying Cyberbullying involves using computer and Internet
technologies to intimidate or threaten another person.
Cyberstalking Cyberstalking refers to the use of technology, such as a cell
phone or e-mail, to monitor another person’s movements or
actions.
Cyberterrorism Cyberterrorism is a type of politically motivated terrorism that
uses the Internet and computers to spread panic, commit
violent acts, and cause loss of life.
Denial of Service Denial of Service (DoS) attacks flood a target site with large
volumes of traffic using “zombie” servers. This flood of traffic
consumes all of the target site’s network or system resources
and denies access to legitimate users.
Extortion Extortion is the act of threatening or coercing an individual or
an organization in order to achieve financial or other gain.
Federal Rules of
Evidence
The Federal Rules of Evidence are a protocol governing the
admission of facts in civil and criminal cases.
Harassment Harassment includes sending threatening or annoying
communications to a person targeted because of gender,
sexual orientation, race, or religion.
Identity Theft Identity theft involves stealing someone’s identity and using it
for malicious purposes—for instance, stealing someone’s mail
to get his or her credit card number and bank account
information.
Information Warfare Information warfare is an attack by an individual, a group, an
organization, or a nation on another’s computer systems and
information infrastructure.
InfraGard InfraGard is a national-level, nonprofit organization that brings
together the DEA, state and local law enforcement agencies,
academia, and businesses for the purpose of intelligence
sharing.
Intellectual Property
Theft
Intellectual property theft is the theft of proprietary information
owned by a company, such as ideas, technical knowledge, or
trade secrets.
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Term Definition
Optical Disk An optical disk is a plastic-coated disk that has pits etched
along its surface. Optical disks store digital data that can be
read by a laser.
Phishing Phishing is the act of sending a message that plausibly claims
to be from a legitimate source, and which requests personal
information like credit card numbers or bank account details.
Spam Spam, also known as unsolicited commercial e-mail, often
seeks to have computer users buy products. Some spam may
also infect recipients’ systems with malware.
Theft of Personal
Information
Theft of personal information includes the illegal appropriation
of data such as a person’s Social Security number, or medical
or tax records.
1. Do you agree that the preparation phase of a digital search is the most important — if not the most critical — step in the digital investigation process? Why or why not
2.
What are some of the ways that data can be hidden within storage media?
Describe two methods in detail and possible ways this hidden data can be detected.