Understanding Digital Evidence from the Warrant to the Courtroom
Larry Daniel, Lars Daniel
This is a test
This is a test
Share book
368 pages
English
ePUB (mobile friendly)
Available on iOS & Android
eBook - ePub
Digital Forensics for Legal Professionals
Understanding Digital Evidence from the Warrant to the Courtroom
Larry Daniel, Lars Daniel
Book details
Book preview
Table of contents
Citations
About This Book
Digital Forensics for Legal Professionals is a complete non-technical guide for legal professionals and students to understand digital forensics. In the authors' years of experience in working with attorneys as digital forensics experts, common questions arise again and again: "What do I ask for?" "Is the evidence relevant?" "What does this item in the forensic report mean?" "What should I ask the other expert?" "What should I ask you?" "Can you explain that to a jury?" This book answers many of those questions in clear language that is understandable by non-technical people. With many illustrations and diagrams that will be usable in court, it explains technical concepts such as unallocated space, forensic copies, timeline artifacts and metadata in simple terms that make these concepts accessible to both attorneys and juries.
The book also explains how to determine what evidence to ask for, evidence that might be discoverable, and furthermore, it provides an overview of the current state of digital forensics, the right way to select a qualified expert, what to expect from that expert, and how to properly use experts before and during trial. With this book, readers will clearly understand different types of digital evidence and examples of direct and cross examination questions. It includes a reference of definitions of digital forensic terms, relevant case law, and resources.
This book will be a valuable resource for attorneys, judges, paralegals, and digital forensic professionals.
Provides examples of direct and cross examination questions for digital evidence
Contains a reference of definitions of digital forensic terms, relevant case law, and resources for the attorney
Frequently asked questions
How do I cancel my subscription?
Simply head over to the account section in settings and click on âCancel Subscriptionâ - itâs as simple as that. After you cancel, your membership will stay active for the remainder of the time youâve paid for. Learn more here.
Can/how do I download books?
At the moment all of our mobile-responsive ePub books are available to download via the app. Most of our PDFs are also available to download and we're working on making the final remaining ones downloadable now. Learn more here.
What is the difference between the pricing plans?
Both plans give you full access to the library and all of Perlegoâs features. The only differences are the price and subscription period: With the annual plan youâll save around 30% compared to 12 months on the monthly plan.
What is Perlego?
We are an online textbook subscription service, where you can get access to an entire online library for less than the price of a single book per month. With over 1 million books across 1000+ topics, weâve got you covered! Learn more here.
Do you support text-to-speech?
Look out for the read-aloud symbol on your next book to see if you can listen to it. The read-aloud tool reads text aloud for you, highlighting the text as it is being read. You can pause it, speed it up and slow it down. Learn more here.
Is Digital Forensics for Legal Professionals an online PDF/ePUB?
Yes, you can access Digital Forensics for Legal Professionals by Larry Daniel, Lars Daniel in PDF and/or ePUB format, as well as other popular books in Computer Science & Cyber Security. We have over one million books available in our catalogue for you to explore.
This chapter reviews what digital evidence is, how it is created, some of the places it is stored, and the many ways that people are now connected electronically. In todayâs connected world, it is nearly impossible to be completely âoff the netâ such that your activities do not create some form of electronic record. Digital evidence permeates every aspect of the average personâs life in todayâs society. No matter what you are doing, a digital footprint is probably being created that contains some type of digital evidence that can be recovered. Sending an e-mail, writing a document, taking a picture with your digital camera, surfing the web, driving in your car with the global positioning system onâall of these activities create digital evidence. This chapter also talks about digital footprints and how they are created not only by you, but also by others on your behalf. Digital evidence is everywhere, and knowing where it is and how to get access to it is half the battle.
Digital Evidence; Computers; Cell Phones; Digital Footprints; Electronic Storage; Electronic Data
Digital evidence is everywhere and permeates every aspect of the average citizenâs life. No matter what you are doing these days, a digital footprint is probably being created that contains some type of digital evidence that can be recovered. Sending an e-mail, writing a document, taking a picture with your digital camera, surfing the webâall of these activities create digital evidence. This chapter will give an overview of what digital evidence is, how it is created, and where it is stored.
Introduction
Digital evidence permeates every aspect of the average personâs life in todayâs society. No matter what you are doing these days, a digital footprint is probably being created that contains some type of digital evidence that can be recovered. Sending an e-mail, writing a document, taking a picture with your digital camera, surfing the web, driving in your car with the GPS onâall of these activities create digital evidence.
1.1 What is digital forensics?
The term forensics can be defined as the application of science to a matter of law. The most accepted definition of digital forensics comes from the definition of computer forensics: computer forensics is the collection, preservation, analysis, and presentation of electronic evidence for use in a legal matter using forensically sound and generally accepted processes, tools, and practices.
Specifically, digital forensics is the application of computer technology to a matter of law where the evidence includes both items that are created by people and items that are created by technology as the result of interaction with a person. For instance, data created by a machine process requires that the machine be programmed to create data, and the machine must also be turned on by a person or even by an automatic process that is ultimately started by a person.
Data created as the result of an action performed by a person or user would result in data being recorded both manually and automatically.
The difference in those two types of data from an evidentiary standpoint is that when a computer or other device records data automatically through some process that is designed to be completed independent of user interaction, it is creating machine data; when data is stored or recorded in response to a userâs actions, it is creating personal data.
Personal data should ultimately be attributable to an individual; however, making that attribution can be difficult due to the presence or absence of individualized user accounts, security to protect those user accounts, and the actual placement of a person at the same location and time when the data is created.
1.2 What is digital evidence?
Digital evidence begins as electronic data, either in the form of a transaction, a document, or some type of media such as an audio or video recording. Transactions include financial transactions created during the process of making a purchase, paying a bill, withdrawing cash, and even writing a check. While writing a check might seem to be an old-fashioned method that is not digital or electronic in nature, the processing of that written check is electronic and is stored at your bank or credit card company. Nearly every kind of transaction today is eventually digitized at some point and becomes digital evidence: doctor visits, construction projects, getting prescriptions filled, registering a child at daycare, and even taking the pet in for a rabies shot.
In todayâs connected world, it is nearly impossible to be completely âoff the netâ such that your activities do not create some form of electronic record.
The explosion of social media sites has created a whole new area of electronic evidence that is both pervasive and persistent. People today are sharing their everyday activities, their thoughts, their personal photos, and even their locations via social media such as Twitter, Facebook, and MySpace. Add to this the explosion of the blogosphere, where individuals act as citizen journalists and self-publish blog posts on the Internet ranging from their political views to their personal family blogs with pictures of their kids and pets.
In order for electronic data to become digital evidence, it must be stored somewhere that is ultimately accessible in some fashion; and it must also be recoverable by a forensic examiner. One of the great challenges today is not whether digital evidence may exist, but where the evidence is stored, getting access to that storage, and finally, recovering and processing that digital evidence for relevance in light of a civil or criminal action.
The potential storage options for electronic evidence are expanding every day, from data stored on cell phones and pad computers to storage in the âcloudâ where a third-party service provides hard drive space on the Internet for people and businesses to store data.
More and more everyday computing processes are moving to the Internet where companies offer software as a service. Software as a service means that the customer no longer has to purchase and install software on their computer. Some examples of software as a service range from accounting programs like QuickBooks Online, Salesforce.com, or a sales management application to online games that are entirely played via the Internet with no required software installation on the local computer.
1.3 How digital evidence is created and stored
Whenever someone creates an e-mail, writes a document using Notepad or a word processing program, takes a ride in their car with the global positioning unit (GPS) turned on, or pays a bill online, they create digital evidence. Operating your computer, surfing the Internet, or making a phone call on your cell phoneâall of these create digital evidence. Digital cameras, digital video cameras, web cams, and digital audio recorders all create digital evidence.
Those are the more well-known forms of digital evidence. However, it is easy to overlook the many ways in which we create digital evidence, many times without realizing we are doing so. If you play games online with other players, view videos from the Internet, shop at one of the thousands of online stores, create a shipping label through UPS, or even send a greeting card through Hallmarkâs online site, you are creating digital evidence. And donât forget about the copy machine at work. Chances are if it is a fairly new copier, scanner, and fax unit, it has a hard drive in it as well that stores data. That security camera you see yourself on at the local convenience store is making a digital record of your visit, as is the financial institution that processes the credit or debit card you just used to buy that pack of gum.
These days it is just about impossible to get through a day without creating some form of digital footprint. Even if you are completely âoff the gridâ and donât use a computer or cell phone, running a red light where there is a traffic enforcement camera can capture your license plate, noting your location, and of course, sending you a ticket in the mail and creating a digital record with all of that information. Figure 1.1 shows some of the many ways digital footprints are created.
In the beginning the only storage device available for personal computers was the floppy disk or audio cassette tape. When you wanted to share a file or document with someone, you had to save it to a floppy disk or cassette tape. Then you would mail the diskette or use the old âsneaker netâ and jog yourself and the diskette over to the person who needed the file.
Today the storage technology available for the average computer user has evolved into multiple s...