When a potential computer crime takes place, it is critical that the investigation steps are carried out properly to ensure that the evidence will be admissible to the court if things go that far and that it can stand up under the cross-examination and scrutiny that will take place.
Computer Forensics and Proper Collection of Evidence
Forensics is a science and an art that requires specialized techniques for the recovery, authentication, and analysis of electronic data for the purposes of a digital criminal investigation.
At one time computer forensic results were differentiated from network and code analysis, but now this entire area is referred to as digital evidence.
The people conducting the forensic investigation must be properly skilled in this trade and know what to look for.
Digital evidence must be handled in a careful fashion so it can be used in different courts, no matter what jurisdiction is prosecuting a suspect. Within the United States, there is the Scientific Working Group on Digital Evidence (SWGDE), which aims to ensure consistency across the forensic community. The principles developed by the SWGDE for the standardized recovery of computer-based evidence are governed by the following attributes:
- Consistency with all legal systems
- Allowance for the use of a common language
- Durability
- Ability to cross international and state boundaries
- Ability to instill confidence in the integrity of evidence
- Applicability to all forensic evidence
- Applicability at every level, including that of individual, agency, and country
The SWGDE principles are listed next:
- When dealing with digital evidence, all of the general forensic and procedural principles must be applied.
- Upon the seizing of digital evidence, actions taken should not change that evidence.
- When it is necessary for a person to access original digital evidence, that person should be trained for the purpose.
- All activity relating to the seizure, access, storage, or transfer of digital evidence must be fully documented, preserved, and available for review.
- An individual is responsible for all actions taken with respect to digital evidence while the digital evidence is in their possession.
- Any agency that is responsible for seizing, accessing, storing, or transferring digital evidence is responsible for compliance with these principles.
