FORENSIC EVIDENCE IN THE DIGITAL AGE:

CHALLENGES AND LEGAL IMPLICATIONS

 TABLE OF CONTENT

I. Introduction

B. Significance of study

II. Evolution of Digital Forensic Evidence

III. Types of Digital Forensic Evidence

IV. Challenges in Digital Forensic Investigation

V. Legal Implications of Digital Forensic Evidence

VI. Case Studies and Examples

VII. Future Directions and Recommendations

VIII Importance of addressing challenges and legal implications

IX. SUGGESTIONS AND CONCLUSION

BIBLIOGRAPHY
 CHAPTER-I

INTRODUCTION

Digital evidence is one key thing in the current digitalize world. Digital evidence, often called e-
evidence, comprises information and data that hold significance in an investigation and are found
on electronic devices. This type of evidence is typically linked to cybercrime or electronic. It's
crucial to recognise that digital evidence is inherently more delicate and susceptible to alteration
without immediate detection. Therefore, it is imperative to handle and preserve it with the utmost
care to maintain its integrity and reliability in legal proceedings.

In our current digitalised world, there's a growing dependence on digital evidence, and this
reliance has been steadily increasing. One of the primary reasons for this shift is the alarming
rise in cybercrime. Digital evidence is highly valuable because it can be easily backed up and
verified through various methods to ensure its authenticity.

Digital evidence surrounds a vast scope of activities, inclusive of data recovery, the retrieval of
deleted files, and the tracking of digital artefacts. This type of evidence is instrumental in
identifying the root causes of incidents, which can be particularly beneficial for the prosecution
in legal cases.

However, it's major to note that the quality of digital evidence largely to be contingent on the
skills and diligence of investigators. Digital evidence is more susceptible to alteration without
detection, which emphasizes the need for careful handling and preservation.

Additionally, digital evidence offers the advantage of easy searching, analysis, and organisation,
this facilitates professionals in quickly identifying and accessing relevant information, making it
a powerful tool in modern investigations.

Literature Review

Chibuike Israel; Forensics and Digital Evidence in Cyber Crime Investigation; February
20231
1
Forensics And Digital Evidence In Cybercrime Investigation - https://www.researchgate.net/profile/Chibuike-
Uzoagba/publication/368692167_FORENSICS_AND_DIGITAL_EVIDENCE_IN_CYBERCRIME_INVESTIGATION/links/
63f6055fb1704f343f74a659/FORENSICS-AND_DIGITAL-EVIDENCE-IN-CYBERCRIME-INVESTIGATION.pdf?
The influence of digital evidence in cybercrime inspection is extensive, requiring various
advanced techniques to address it. This is due to the lack of tangible evidence. Digital data must
be meticulously examined and analysed. The author suggests that students should be encouraged
to learn about this field, with the help of extra-curricular programs. If the global community
provides more digital evidence, it will aid aspiring analysts in gaining practical experience in the
field.

Furthermore, there is a need to ensure that only verified processes for extracting, interpreting,
and processing admissible evidence are used in cybercrime cases in a court of law.

David Mugisha; Role and Impact of Digital Forensic in Cybercrime Investigation; March
2019.2

In this contemporary era, technological advancements are certain to expand at an unprecedented

pace. As a result, the roles of investigators are becoming increasingly complicated, demanding
constant adaptation to stay abreast of evolving technology. The author of this perspective posits
that in the foreseeable future, the field of digital forensics will become a foundation in a broad
spectrum of investigative endeavours. This growing reliance on digital forensics is anticipated to
bolster its credibility as a crucial investigative tool.

However, the author also predicts that the right to privacy will persist as a challenging and
contentious issue for digital forensics.

Digital forensic investigation jurisprudence considers the legal system used in a court of law to
administer justice in the event of cyber-attacks and cybercrimes. Cyber jurisprudence is the
science and philosophy or theory of Law 3. It considers the legal ramifications and the evolving
nature of cyber technical and digital objects. Digital forensics investigations must be authentic,
accurate, complete, and convincing to juries and in conformity with jurisdictional law and
legislative rules to be admissible at court 4. To ensure digital evidence meet these criteria and be
origin=publication_detail
2
Role And Impact Of Digital Forensics In Cyber Crime Investigations - https://www.researchgate.net/profile/David-
Mugisha/publication/331991596_ROLE_AND_IMPACT_OF_DIGITAL_FORENSICS_IN_CYBER_CRIME_INVESTIGATIO
NS/links/5c9a2f38299bf11169486413/ROLE-AND-IMPACT-OF-DIGITAL-FORENSICS-IN-CYBER-CRIME-
INVESTIGATIONS.pdf
3
Robertson PT (2017) Defining A Cyber Jurisprudence: Towards Evolving the Philosophy and Theory of Cyber Law:
A Foundational
4
Ofori YA, Boateng Y, Yankson HG (2019) Relativism Digital Forensic Investigations Model. IEEE Xplore.
admissible at court has been a challenge in evidence gathering procedures. Digital evidence in
forensic investigations is legally binding and is normally intended to be admissible at court.
Identify standards that justify the need to bridge the barriers between technological advancement
and the legislations in digital forensics investigations to examine digital media in a forensically
comprehensive method5. Following a proper chain of custody consistently and methodically has
been challenging due to the dynamic nature of digital evidence. The phenomenon surrounding
digital evidence is that cyber-attacks, and cybercrimes are evolving, and the invincibility nature
of the attacks makes it difficult in evidence gatherings. However, investigators are required to
adapt to the changing crime scenes and the digital media that has been used to commit the
crimes. Hence, it has become imperative that standard procedures that are coherent and ensures
harmony between the lawyers, judges, forensic experts, law enforcement agencies, corporations,
individuals, and the court be implemented. The ACPO (2012) in its effort to combat cybercrime
brought together the expertise in policing across the UK, the capability and best practice within
the industry, support of Government and the criminal justice system 6. Convention on Electronic
Evidence (2016) raised concerns regarding the profound changes brought about by machine and
software code (collectively digital systems) have altered how evidence is authenticated 7. In that
the medium and the content are no longer bound together as with paper, and that the rules
established for paper do not always apply to evidence in electronic form. The factors leading to
the inadequate evidence gathering, and maintaining evidential integrity includes the inability to
ensure accuracy, authenticity, completeness to make the evidence convincing to the juror.
Recognizing the need to facilitate the cooperation between forensic investigators, judges,
lawyers, expert witnesses, and individuals regarding the proper evidence gathering, handling and
authentication of electronic evidence is significant. These have prevented many cases to be
inadmissible at court.

This paper aims to discuss digital forensics investigations jurisprudence and the factors leading
to the issues of inadmissibility at court. The paper contributes to improving the four key criteria
required to improve digital forensic investigation jurisprudence in line with various standards.

5
Davies G, Smith k (2019) The Feasibility of Creating a Universal Digital Forensics Framework. Forensic Leg Investig
Sci. 5: 1-9.
6
Association of Chief Police Officers: ACPO (2012) Good Practice Guide for Digital
7
Mason S (2016) Draft Convention on Electronic Evidence. Digital Evidence and Electronic Signature Law Review
13: 1-11.
Further, it will assist in resolving the legal and technical challenges that are impacting on digital
evidence gathering. The paper does not follow any digital forensic investigations process.
Rather, it discusses how digital evidence could be admissible at court in line with the various
standards irrespective of the investigation process adopted in evidence gathering.

RELATED WORKS

This section discusses the state of the art of digital forensics investigations jurisprudence and the
related works in digital evidence gathering. The dynamic nature of cyber-attacks and
cybercrimes makes if challenging to interpret the same law to implement a coherent legal
framework that could harmonize the legal and technical aspects of cyber law. Stephenson (2017)
defined cyber law as the legislation, legality and practice of lawful, just and ethical protocol
involving the internet as well as the alternative networking and information technologies. There
is no single investigation that would support or refute digital evidence without a hypothesis.
Postulates that digital forensics investigation is a new science with additional guidelines and
practices designed to create a legal cyber audit trail 8, posits that cyber science is concerned with
the study of the phenomenon caused or generated by the cyber world and the cyber-physical,
cyber-social and cyber-mental worlds, as well as their complex intertwined integrations 9.
Jurisprudence in digital forensics investigations provides a platform to consider the legal
complexities in a more practical and realistic approach to assist in improves investigation
processes. UNODC (2013) report highlighted that forensic expert and law enforcement agencies
are increasingly faced with the question of what it means to ensure accuracy, authenticity,
completeness and convincing (AACC) evidence10. The issues of mutual legal assistance and
admissibility arise when a formal request from one judicial from a country request another
judicial authority to gather digital forensic gatherings on behalf of the other country 11. Proposed
that a harmonized framework for assessing digital evidence admissibility is required to provide a
scientific basis for digital evidence to be admissible and to ensure the cross-jurisdictional

8
Vacca JR (2005) Computer Forensics-Computer Crime Scene Investigation.
9
Ma L, Choo KR, Hsu H, Zhou X (2016) Perspectives on Cyber Science and Technology for Cyberization and Cyber-
Enabled Worlds. IEEE.
10
United Nation Office on Drugs and Crime (UNODC) (2013) A Comprehensive Study on Cybercrime: Harmonizing
of National
11
UNODC The Doha Declaration (2018) Promoting a Culture of Lawfulness: Mutual Legal
acceptance and usability of digital evidence 12. NIST SP800-86 proposes four basic phases for
digital forensics process and guidelines, including collection, examination, analysis, and
examination digital evidence13. Convention on Electronic Evidence (CEE) (2016) provides
concepts of electronic evidence, covering civil and criminal proceedings, investigations and
examination of evidence in electronic form. ISO 27037 provides guidelines for identification,
collection, acquisition, and preserving digital evidence and digital devices systematically and
impartially while preserving its integrity and authenticity. ISO/IEC 27043:2015 provides
guidelines for incident investigations and legal principles and processes from pre-incident to
post- incident preparations that ensure admissibility of evidence. It highlighted the standard legal
requirement that could be adopted in terms of the legal issues pertaining to jurisdiction and the
need for other expert investigators to be able to use the process to arrive the same result 14.
International Laboratory Accreditation Cooperation (ILAC) (2014), highlights the challenges
faced by investigators as there are no clear guidelines and appropriate approach in forensic
practices between investigation processes at the crime scene and that of the forensic Lab. ILAC
provides accreditations that are consistent with ISO/IEC 17020 and 17025 guidelines 15. The
ACPO proposed a digital base evidence guide that attempts to encompass the digital world and
assist in investigating cyber security incidents four. The approach combines the various
industries, law enforcement and agencies hard work to unite them into single effort to gather
intelligence, enforcement capabilities and create the right framework of policy and doctrine to
tackle major issues identified. The Convention on Electronic Evidence (2016) proposes a few
preambles considering that aim of the drafting committee is to encourage judges and lawyers to
appreciate the concepts of evidence in electronic form. The recognition that evidence in
electronic form has unique characteristics that are significantly different from paper and other
objects which raises complex questions about the reliability and integrity of data in electronic
form. Electronic discovery refers to the electronic evidence discovered on digital objects that
could be used in a legal proceeding such as litigation and others where evidence is in electronic
format16.
12
Boasiako A, Venter H (2017) A Model for Digital Evidence Admissibility Assessment. Advances in Digital Forensics
511: 23-38.
13
Kent K, Chevalier S, Grance T, Dang D (2006) Guide to Integrated Techniques into Incident Response. NIST,
Computer Security Division, IT Laboratory.
14
ISO\IEC27043 (2016) Information Technology Security Techniques, Incident Investigation Principles, and
15
International Laboratory Accreditation Cooperation (ILAC), (2014).
16
Casey E (2009) Handbook of Digital Forensics and Investigation. Academic Press Pg no: 567.
Digital Forensics Investigations Evidence of Cybercrime Cases

There are several existing cybercrime cases that digital forensics investigations evidence has
been used successfully to prosecute criminals. We highlight a few of such cases as follows:

·Joseph E Duncan III

A spreadsheet recovered from Duncan's computer contained evidence that showed him planning
his crimes. Prosecutors used this to show premeditation and secure the death penalty17.

·BTK Killer: Beat Torture Kill

Dennis Rader was convicted of a string of serial killings that occurred over a period of sixteen
years. Towards the end of this period, Rader sent letters to the police on a floppy disk. Metadata
within the documents implicated an author named "Dennis" at "Christ Lutheran Church"; this
evidence helped lead to Rader's arrest.

·Sharon Lopatka

Hundreds of emails on Lopatka's computer lead investigators to her killer, Robert Glass. Lopatka
started an internet business from a kit she purchased from an Arizona company. Using the
Internet, Lopatka searched for a man who would torture and kill her. After contacting several
people who turned out not to be serious, she finally found someone willing to fulfill her request.
Glass and Lopatka exchanged many e- mails until they met in North Carolina where Glass
strangled Lopatka using a nylon cord after torturing her for several days.

·Corcoran Group

Einstein vrs 357 lLC and Corcoran Group. This case confirmed parties' duties to preserve digital
evidence when litigation has commenced or is reasonably anticipated. Hard drives were analyzed
by a computer forensics expert, who could not find relevant e-mails the Defendants should have
had. Though the expert found no evidence of deletion on the hard drives initially, evidence came
out that the defendants were found to have intentionally destroyed emails, misled and failed to
disclose material facts to the plaintiffs and the court.

17
Haynes N (2018) Cyber Crimes. Ed-Tech Press Pg no: 58.
·Dr Conrad Murray –vrs- M Jackson

Dr Conrad Murray, the doctor of the deceased Michael Jackson, was convicted partially by
digital evidence found on his computer. The evidence included medical documentation showing
lethal amounts of propofol a drug used for patients going for heart bypass operation.

·Neil Entwistle

Neil Entwistle was sentenced to life in prison for killing his wife and baby daughter. Internet
history on his computer included a Google search “how to kill with a knife”.

· Robert Durall

Prosecutors upgraded the charge against Robert Durall from second degree to first-degree
murder based on Internet searches found on his computer with keywords including “kill +
spouse,” “accidental + deaths,” “smothering,” and “murder”.

·William Guthrie

William Guthrie was convicted in 2000 and sentenced to life in prison for killing his wife, who
was found, drowned in a bathtub with a toxic level of the prescription drug Temazepam in her
body. Guthrie lost multiple appeals to exclude Internet searches for “household accidents,”
“bathtub accidents,” and various prescription drugs, including Temazepam.

The nature of digital evidence requires us to use technology during an investigation, so the main
difference between a digital investigation and a digital forensic investigation is the introduction
of legal requirements. Hence, the theory of jurisprudence is relevant in digital evidence
gathering.

Pre-search and Post seizure warrant challenges

Pre-search and post-seizure warrant are two major factors in digital forensic investigations
processes that are posing many challenges to how digital evidence are gathered and are made
admissible at court. In seizure and examination of any digital device, the pre-search warrant is a
legal document that is given out to law enforcement agencies and digital forensics investigators
by the court before they appear at the cybercrime scene to gather evidence for the investigation.
The post-seizure warrant is a document that requires investigators to tick a checkbox of all
activities they have carried out post investigations. The procedure follows a reverse order to
ensure due diligence and chain of custody 18. In the digital crime scene, the investigators are
dealing with both physical device evidence and digital evidence. In DFI, we have live analysis
and dead analysis. Live analysis environment occurs when investigators are using the operating
system and web browsers of other system resources under-investigated to gather evidence. A
dead analysis is where the systems are shut down, and investigators may use trusted application
tools to find digital evidence. In 2012, the (EOCO), a DFI unit went to the Ghana Football
Association offices and seized their computers. A case in question was when the Economic and
Organized Crime Office (EOCO) invaded the Ghana football association (GFA) and seized their
computer and other media for investigations 19. The EOCO unit was ordered by the court to return
all the seized evidence to the GFA as they did not follow procedures including requesting for a
pre-search warrant after EOCO went and seized their computers 20. Post- seizure warrant ensures
due diligent are followed after DFI procedures.

 Technical challenges: Factors such as Network, laptops, (BYOD) might be out of synch
with security updates or might already be compromised. Lack of expertise, technically
competent and certified investigator are major factors. Similarly, the challenge of using
obsolete tools and lack of update procedures. Further, lack of reporting platforms and
information sharing platforms to create awareness of the threat landscape, vulnerabilities,
risks, and impact21.

 Legal challenges: Digital evidence admissibility at court requires that the evidence is
authentic, accurate, complete and convincing to the juror. However, the challenges of
bridging the gap between the judiciary, law enforcement agencies, forensic investigators,
and expert witnesses have been a major issue due to a lack of robust cybercrime legal
framework. Additionally, the issues of implementing, enforcing the laws and the applying
rule of law is also a major determinant in ensuring legal proceedings. Acquiring a pre-

18
Orin SK (2005) Search Warrant in An Era of Digital Evidence. Mississippi Law Journal 85: 1-61.
19
Economic and Organized Crime Office (2015) Court: EOCO raid on GFA illegal.
20
Economic and Organized Crime Office raid GFA office (2010).
21
Ofori AY, Islam S (2019) Cyber Security Threat Modelling for Supply Chain Organizational Environments MDPI
Future Internet 11: 1-63.
 search and post-seizure warrant that meet the required legal objectives has been
challenging due to a lack of formalized procedures and stakeholder involvement.

Approach

The cyber threat landscape is continuously evolving, and it is impacting greatly on how digital
forensics investigations processes are carried out. The next section discusses the approach used
by forensic examiners how the concepts of authentic, accurate, complete and convincing impact
on the investigation approach and admissibility of evidence. Forensic investigation analysis
approach involves an objective and critical assessment of digital evidence to gain an
understanding of the nature of the attacks and to arrive at conclusions. The digital forensic crime
scene is either in a dead state or live state. The dead state is where the crime has occurred, and
the investigators have been called in to gather the digital evidence for lab investigation. The live
state is where the cybercrime in ongoing and requires the investigator to determine the source
and nature of attacks. The forensic investigator must pose certain basic skills such as perception
skills, logical reasoning, analytical reason, critical thinking, and research skills required of a
subjective expert. Cyber-attack and cybercrimes are discussed briefly and their relevance to
digital forensic jurisprudence. DFI process includes understanding cyber-attack, cybercrimes and
the cyber security control mechanisms. For instance, cyber security controls such as
confidentiality, integrity, availability, accountability, auditability and nonrepudiation provide
background knowledge of cyber security issues relevant when caring out digital forensic
investigation process.

Cyber-attack and cybercrime

The digital forensic examiners are required to have extensive knowledge of the motives,
methods, and intents of perpetrators as well as the difference between cyber-attacks, cybercrimes
and the threat landscape. Cyber-attacks are (Penetration), and Cybercrimes are (Manipulations).
Cyber-attacks are considered as the initial penetrations which can be randomly initiated attacks
to gain access. Cybercrimes are considered as the various manipulations that could be deployed
to exploit the systems after the penetration and the cascading impact of attacks. Examples of
cyber-attacks include Malware, Spyware, Ransom ware and, Remote Access Trojan (RAT),
Cross Site Scripting, SQL Injection, Session Hijacking, Cross Site Request Forgery. Cybercrime
offences range from criminal activity against data to content and copyright infringement 22.
Examples of cybercrimes include software modifications, manipulations, alteration of delivery
channels, ID theft, Intellectual property theft, Industrial espionage, advanced persistent threats
(APTs), commands and controls (C&C) and other compromises.

Authentic

Authentic in digital evidence gathering is to ensure that the evidence on digital objects gathered
at the crime scene are the exact evidence and comes from the right source post preservation. That
is crucial in the preservation phase as the authenticity of the evidence will determine whether the
case may support or refute the hypothesis. There must be a pre-seizure and post- seizure legal
document that specifies what the investigators are to do and procedures to follow when they
appear at the crime scene. However, there have been instances where the investigator has
appeared at the crime without a warrant and gather evidence without following due diligence.
These digital objects include the digital device, digital media, and digital data such as e
Discovery, industrial espionage, intellectual property, child pornography.

Accurate

Accurate in digital forensic investigations is to ensure that the evidence gathered is consistent
and followed the legally correct chain of custody from pre-seizure through to post-seizure. The
investigator must be able to account for all the evidence gathered from the time of arrival at the
crime scene, from how evidence was gathered originally and to how it was preserved and where
it was kept. The scientific principles related to the digital evidence gathering, processing, and
analysis must be applied to ensure both a proper chain of custody and accurate analysis. The
challenge of maintaining accurate digital evidence of what happened to the exhibit between the
initial appearance at the crime scene, first evidence collected and its appearance at court
unaltered has caused lots of digital forensic evidence gathered to be inadmissible at court.
Maintaining accuracy in evidence gathering requires good record keeping of all activities and
logs of names, date, time, questions, findings, and assumptions that may prove hypothetical. The
preservation of digital crime scene for identification for legal, business, and operational
processes requires a different approach to that of the preservation of digital media at the forensic
22
ISO\IEC27037 (2012) Information Technology Security Techniques, Guidelines for Identification, Collection,
Acquisition, and Preservation of Digital Evidence.
lab. Although digital evidence may be invincible, forensic examiners are required to use legal
approaches, techniques, and tools for discovering digital data that resides on various media.
Maintaining an accurate record of all activities in both preservation processes and ensuring the
evidence is authentic could lead to uncertainties and inadmissibility. For instance, in a life
analysis, the legal requirements procedure is that the digital device or media is unplugged from
the hub during investigations before a mirror image is done to the data. However, unplugging the
device could lead to the system shut down, and eventually change the time stamp in situations
where the data was not hashed. While the dead analysis is carried out at the forensic lab and
evidence could be tampered with in transit and could lead to inaccuracies in data extraction and
analysis with that of initial evidence.

Objective of the study

 The primary focus of this paper revolves around the relevancy and the challenges
associated with digital evidence. To acquire digital evidence, various methodologies are
employed, including data recovery, analysis, and tracking digital artefacts. However,
these methods come with numerous challenges, such as ensuring data integrity and
confidentiality, as well as the need for swift action for timely execution. The
susceptibility of digital evidence to easy alteration underscores the significance of
maintaining a proper chain of custody, a critical factor for its admissibility in a court of
law.
 In order to address these challenges effectively, professionals often collaborate closely
with digital forensic experts. These experts play a pivotal part in ensuring that the digital
evidence remains valid, reliable, and relevancy in legal proceedings.

Significance of study

The study of forensic evidence in the digital age holds significant importance due to its pivotal
role in modern law enforcement, legal proceedings, and the criminal justice system. As
technology rapidly evolves, so do the methods and challenges associated with gathering,
preserving, and analyzing digital evidence. Understanding these challenges and legal
implications is crucial for ensuring the integrity of investigations, protecting individual rights,
and upholding justice in an increasingly digital world. This study sheds light on the complexities
of digital forensic evidence, providing insights that can inform legal frameworks, improve
investigative practices, and ultimately enhance the fairness and effectiveness of the judicial
process.

Research Methodology

The research methodology employed in studying forensic evidence in the digital age involves a
multifaceted approach aimed at comprehensively addressing the challenges and legal
implications inherent in this field. Initially, a thorough review of existing literature and case
studies will be conducted to gain insights into the current landscape of digital forensic practices
and legal precedents. Subsequently, qualitative and quantitative data collection methods such as
surveys, interviews with experts in law enforcement, legal professionals, and forensic specialists,
as well as analysis of relevant legal documents and court rulings, will be utilized to gather
empirical evidence and viewpoints. Furthermore, comparative analysis and synthesis of findings
will be employed to identify common patterns, emerging trends, and areas requiring further
investigation. This comprehensive research methodology aims to provide a holistic
understanding of the complexities surrounding digital forensic evidence and its impact on the
legal system in the digital age.

Limitation of Study

Limitation of the study on forensic evidence in the digital age is the rapid pace of technological
advancements, which may render certain findings outdated or incomplete over time.
Additionally, the availability of data and cooperation from relevant stakeholders, such as law
enforcement agencies and technology companies, may be restricted, potentially limiting the
depth of analysis. Furthermore, the complexity and variability of legal systems across different
jurisdictions present challenges in generalizing findings or recommendations. Lastly, the study
may encounter limitations in addressing emerging ethical dilemmas and societal concerns
associated with digital forensic practices. Despite these limitations, the study aims to provide
valuable insights into the challenges and legal implications of digital forensic evidence in
contemporary legal contexts.
 CHAPTER-II

EVOLUTION OF DIGITAL FORENSIC EVIDENCE

What is Digital Forensics?

Digital forensics is the practice of leveraging computer science to investigate, gather, analyze,
and ultimately present evidence to courts intact and uncorrupted. The base word “forensics” is a
Latin term meaning “to bring to court,” which highlights the typical intent of the entire process.
Though not all investigations lead to formal court, especially in workplace investigations, the
evidence gathered is used to make judgments and conclusions regarding user activities and
events. The United States Computer Emergency Readiness Team (US-CERT) formally defines
computer forensics as: “the discipline that combines elements of law and computer science to
collect and analyze data from computer systems, networks, wireless communications, and
storage devices in a way that is admissible as evidence in a court of law.” Tom Loper from Bay
Path University, says, “information assurance is like the police, and digital forensics is like the
detectives.” To sum it up, digital forensics is a methodology for collecting computer-related
evidence for use in both internal and external investigations, including court presentation.23

What Digital Forensics is not

Digital forensics investigators and analysts are not smoking guns allowed to look wherever or
collect evidence freely from a target. Like physical investigators leveraging a warrant to collect
evidence on a particular case, digital forensics professionals may only investigate assets that
they’ve been warranted to assess. The warranted investigation will have a scope limited to
finding the piece of evidence required for court or as specified by the company. Therefore, if a
digital forensics investigator shows up to a scene with a warrant to look for evidence of an
employee illegally gambling using company resources, they may do so. If that same investigator
comes across evidence of theft or money laundering, they must go back and request another
warrant or permission; one for laundering and one for proof of theft. Failure to procure proper
rights either from a company stakeholder or law enforcement can render digital evidence invalid
or inadmissible in court.

23
https://veriato.com/blog/the-evolution-of-digital-forensics/
The Standard Digital Forensics Process

There are four basic steps in the digital forensics process:

 Identifying – This is the practice of finding and collecting the suspected original source
or asset believed to contain evidence. (Example: The investigator has pinpointed
a suspicious IP address belonging to the laptop in Ohio. The digital forensics investigator
may have a co-worker send them the suspected laptop for analysis.)

 Preserving – This is the practice of ensuring the integrity of the collected evidence and
preserving a “digital trail” of the data or media. (Example: It’s essential to monitor how
the computer and any copies of data have been handled since being taken from the
employee, along with who had access.)

 Analyzing – This is the investigative portion of the process where a forensics practitioner
begins looking into the acquired asset or medias data to find evidence of the suspected
crime. (Example: The investigator may look through documents, email and chat
conversations, browser website history, hard drives, and other user activities.)

 Reporting – This is the process of creating a report of findings from the investigation for
presentation to stakeholders and, in some cases, an attorney or jury in court. Reporting
must also be tailored to the audience. In a court case where the jury is not technically
savvy, findings must be explained in ways that are easy to understand for everyone.
Failure to do so might render even the most irrefutable evidence ineffective. (Example: A
digital forensics investigator may debrief a company’s technical leaders in detail and then
give a high-level summary to the general manager.)

The Importance of Digital Forensics Evidence

How you collect, handle, and preserve evidence during a workplace investigation is very
important, as it can make or break a case. Digital forensics is equivalent to assessing a crime
scene or performing an autopsy. When, for example, an employee is suspected of theft or other
offenses, oftentimes, the crimes may warrant legal action.
Here are some common types of evidence and how they will be perceived in court. One of the
best reasons to employ certified forensic professionals and leverage state of the art technology is
that navigating various types of evidence and steps needed to ensure admissibility can be
complicated. A robust digital forensics program requires the ability to investigate and capture
evidence, as well as navigate all of the legal, political, and technological guidelines associated.
Preservation of evidence is also a meticulous process, and failure to leverage best practices may
render findings useless in court.

Types of evidence:

 Real Evidence: Tangible and physical objects such as disk drives, tablets, and phones.
Note that this usually does not include the data on the devices.

 Direct Evidence: Testimony from a first-hand witness who states what they experienced
with their five senses.

 Circumstantial Evidence: Evidence to support circumstances for a point or other

evidence.

 Collaborative Evidence: Evidence to support collective elements or facts of the case.

 Hearsay: Information that is not first-hand knowledge, normally inadmissible in a case.

Rules of Evidence:

 Best Evidence Rule – The courts prefer the best evidence possible. Evidence should be
accurate, complete, relevant, authentic, and convincing.

 Secondary Evidence – This is common in cases involving Information Technology.

Logs and documents from the systems are considered secondary evidence.

 Evidence Integrity – It is vital that the evidence’s integrity cannot be questioned. This is
often done by creating hashes on copied evidence. Note that forensic analysis is done on
copies, and never the originals. Investigators can then compare hashes on both original
and copy before and after the forensics to ensure nothing has changed.
  Chain of Custody – This process ensures the integrity of the evidence by tracking how
it’s been managed. Common elements of concern when it comes to evidence are:

 Who handled it?

 When did they handle it?

 What did they do with it?

 Where did they handle it?

Evolution of evidence

Initially, computer-generated records such as log files were considered hearsay, therefore,
inadmissible in court. Case law and updates to the Federal Rules of Evidence have changed
that. Rule 803 provides for the admissibility of a record or report that was “made at or near the
time by, or from information transmitted by, a person with knowledge, if kept in the course of a
regularly conducted business activity, and if it was the regular practice of that business activity to
make the memorandum, report, record or data compilation.” This changed the game regarding
the critical role that digital evidence can play in investigations and convictions. It essentially
means that activity logs recorded as a part of standard business operations are now admissible.
This bolstered the need for employers to have forensic investigation software to monitor user
activity, collect activity logs, and securely manage them in case there is ever a need to leverage
the data in a legal capacity.

Why digital forensics?

Security breaches have increased by 11% since 2018, and 67% since 2014, according
to Accenture. (stand out)

Digital forensics programs enable entities to investigate these breaches, which involve a variety
of issues such as intellectual property theft, phishing attacks, data destruction, financial fraud,
and more.
Some advanced and specialized programs can also support the recovery of encrypted data, which
can be beneficial following a ransomware attack. Ransomware attacks, a significant threat to
companies today, hold data hostage in exchange for a demanded payment or “ransom.”

Security breaches have increased by 11% since 2018, and 67% since 2014, according
to Accenture. (format to stand out)

What are the current challenges in Digital Forensics?

Evidence can be hard to collect and preserve: Digital evidence by default can be fragile, volatile,
large in volume, and contain very sensitive content. Data can be quickly destroyed by power
surges, natural disasters, human error, intentional tampering, extreme hot or cold temperature
conditions, or electromagnetic fields. Protecting evidence from all of these variables can pose a
challenge. Furthermore, privacy preservation is another aspect that can confound an
investigation. For example, trying to re-enact location and address to prove accountability may
not be possible if certain privacy protections are in place in the geographic location.

Cloud environments make evidence collection harder: The cloud poses another risk and
challenge both in accuracy and complexity. As data travels throughout the world and is stored in
other time zones or virtual environments instead of on physical machines, getting times correct is
a challenge. A synced timeline can be another critical element that makes or breaks evidence
collection. Lastly, due to the dynamic nature of cloud environments retrieving evidence may be
impossible when, for example, an entire Amazon Web Services virtual server can be deleted
almost instantly with the push of a button.

Expertise is limited: Hiring cybersecurity talent and can be a challenge. The niche world of
digital forensics proves to be an even greater issue. It’s important to have qualified investigators
on board; however, staffing a digital forensics team is not always an option for smaller
businesses.

Criminals use forensics countermeasures: Forensic countermeasures, or anti-forensics, are tactics

that criminals and cyber attackers use to escape detection and cover their tracks. This is often
common in insider threat situations where employees have greater insight into internal processes
and security controls. In a workplace setting, this may take the form of an employee shattering a
hard drive, removing digital evidence from the premises, or using anonymity software to mask
browser activity. Unlike physical evidence, digital evidence is easy to hide, destroy, modify, sell,
and transport without leaving clues as to who the attacker was in the first place. Anti-forensics,
therefore, poses a significant challenge to workplace investigations. This is another reason why
having certified forensics experts and proper digital forensics software is vital.

According to experts, common anti-forensic methods can include encryption, steganography,

covert channels, hiding data in storage space, residual data wiping, tail obfuscation, attacking
monitoring or investigation technology, or even resorting to attacking the investigator.

Approaches to digital forensics for businesses and the “on-demand” trend

Services:

Outsourced:There are a variety of external vendors offering digital forensics services on-demand.
Instead of hiring an in-house team, you’d rely on expert forensic teams when you need them.
These providers often have varying levels of expertise and should be thoroughly vetted. In
addition, there are typically two pricing models to choose from when securing digital forensic
services: “time & materials” or “flat fee pricing.” While time and materials usually offer lower
initial pricing, flat-fee pricing allows a predictable cost without the by-the-hour rush of work.

In-house: If the entities’ cybersecurity posture is mature enough, investing in a small team or
even just one certified digital forensics expert can go a long way. There are various benefits to
bringing forensics in-house, including agility, ease of contact, familiarity with business
infrastructure, predictable cost, ability to get “court ready” without having to sign a new contract
or non-disclosure agreement for each investigation, and so on. You can also utilize your
forensics team to aid your other information security groups on investigations and help consult
proactively by providing best practices against common cyber-attacks.;

Technology:

There is a wide range of physical and digital technology that can support workplace
investigations. The appropriate method depends on the case. One concern has been that without
robust training and experience, some digital forensics tools cannot be utilized appropriately by
non-experts. It is becoming increasingly popular to find tailored solutions that monitor internal
suspicious activity and provide user-friendly “on-demand” digital forensics services such as
automated data collection, data preservation, analysis, and reporting. Next-generation forensic
investigation software, for example, can comb through user activity information, discover
relevant information, create secure logs evidence, and deliver reports to support workplace
investigations. The most valuable solutions can enable key insights such as video playback of
activities, website activity, email recording, chat and IM, file and document tracking, application
and network activity, or keystroke logging. Whether it’s leveraged to investigate a workplace
policy violation such as gambling or intellectual property theft, or it’s used to monitor time
stolen through lost productivity, insider threat detection, and other monitoring tools are helping
make setting up workplace investigation programs easier for businesses.

According to the National Institute of Standards and Technology, “Digital forensics is the field
of forensic science that is concerned with retrieving, storing, and analyzing electronic data that
can be useful in criminal investigations. This includes information from computers, hard drives,
mobile phones, and other data storage devices.”

Forensic teams face new challenges in the digital evolution based on the ever-growing threat
landscape. The endpoint is now everywhere, no longer contained in a typical office. The
endpoint is now elastic, meaning it’s always moving. Employees are remote and highly mobile,
which creates new challenges for forensic teams performing incident response services,
investigations with potential threats internal or external to an organization, and methods used to
perform forensics and eDiscovery.

Digital forensics was not spared during the fourth industrial revolution (4IR). How data is
identified, acquired, processed, analyzed, and stored for evidence by law enforcers has evolved,
with COVID-19 speeding up this evolution.

The following are some fundamental changes expected in the digital forensics space:

Cloud Computing

There will be a paradigm shift in the forensic models and frameworks used to conduct digital
investigations to meet the requirements and standards demanded in cloud forensics. Due to the
nature and characteristics of cloud computing, there will be challenges with log access, physical
accessibility, the chain of custody and privacy. According to Computer Reseller News,
businesses are expecting to spend nearly 30% more on cloud technology in 2022 and beyond
compared to 2021.24

Internet of Things

The Internet of Things (IoT) constitutes objects or things that are seamlessly connected and
possess more capabilities than simply sensing, processing or actuating the data from their
immediate environments. With the sophisticated nature of IoT architecture, digital investigators
face myriad challenges in IoT-related investigations using existing investigation methodologies
and, hence, demand a separate, dedicated forensic framework.

Remote digital forensics

In remote digital forensics, investigators will face the added challenge of ensuring the legal
integrity of digital evidence throughout the remote examination process. Conventionally digital
forensics investigations have concentrated on onsite data retrievals and analyses.

Emergence of new technology

New technology has created a transformation in the field of digital forensics. The shift
in emerging technology with artificial intelligence and robotics, drones, and cloud system and
applications offers new frameworks, tools and procedures to continually develop robust forensics
offerings while maintaining the integrity and validation of data collected for analysis and in
criminal proceedings.

What should digital forensics investigators do?

When establishing and organizing a forensics capability, it’s important for digital forensics
investigators to remember to look out for:

 The need for and sponsorship of a forensics program

 Establishing a forensics framework for the information system lifecycle

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digital-transformation
  Establishing and regularly updating policies and guidelines

 Defining roles and responsibilities

 Tool usage and associated methodologies

 Staffing or hiring a forensics firm

For transformation in the digital forensics space, the data is the driving factor in all actions, and
robust data collection methods are still the standards. No matter what kind of technology is
encountered, forensics must be collected using industry standards and practices for data
collection, examination, analysis, reporting and concrete recommendations based on the findings.

As we look to the future, two things are sure to happen: technology will continue to evolve,
creating new digital forensic challenges, and the increase in cybercrime will also increase the
need for talented forensic practitioners in this career field.
 CHAPTER-III

TYPES OF DIGITAL FORENSIC EVIDENCE

The most important quality of required evidence is that it must be relevant to the investigation. It
isn’t relevant if the evidence is not directly connected to the investigation. Even if it isn’t
admissible in court, certain types of evidence could help an investigator draw conclusions.

The different types of evidence include25:

Analogical Evidence

This may not be admissible in court, but this type of evidence helps increase credibility by
drawing parallels when there isn’t sufficient information to prove something in an investigation.
Analogical evidence involves the use of comparison of things that are somewhat similar to
drawing an analogy.

Anecdotal Evidence

Although anecdotal evidence is not admissible in court, it has the potential to help an
investigation by providing a better picture of an issue. The main issue with this type of evidence
is that it is frequently cherry-picked to present only anecdotes that support a specific conclusion.
This type of evidence should be considered with skepticism and in conjunction with other, more
reputable sources of evidence.

Character Evidence

This is usually in the form of testimony or document that is used to prove someone’s action in a
particular manner based on the person’s character. This can’t be used to prove behavior at a
certain time was consistent with his or her character; rather, it can be used in some investigations
to prove intent, motive, or opportunity.

Circumstantial Evidence

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This form of evidence, also known as indirect evidence, is used to conclude something based on
a series of facts other than the fact the argument is trying to prove. It involves deducing facts
from other facts that can be proven. Although this form of evidence is not considered very strong
on its own, it can be relevant in a civil inquiry, which has a different burden of proof than a
criminal investigation.

Demonstrative Evidence

This includes types of evidence that directly demonstrate a fact. It’s a common and reliable type
of evidence. Most common examples of this include photographs, video, and audio recordings,
charts, etc.

Digital Evidence

Digital evidence is a broad term and includes any kind of digital file from an electronic source.
This may be an email, text messages, instant messages, files, and documents extracted from hard
drives, electronic financial transactions, audio files, and video files. Digital evidence can be
found on any server or device that stores data, including some lesser-known sources such as
home video game consoles, GPS sports watches, and internet-enabled devices used in home
automation. Digital evidence is usually found through internet searches using open-source
intelligence.

The collection of digital evidence often involves a skill set different from physical evidence.
There are many methods for obtaining digital evidence from different devices, and these
continue to evolve as new technologies are introduced. Where investigators don’t have the
technical skills necessary for the extraction of digital evidence, they often resort to the use of
experts for the extraction of digital evidence.

Preserving digital evidence is also challenging as it can be remotely tampered with. Investigators
should be able to authenticate the evidence and provide documentation to prove its integrity.

Direct Evidence
The most powerful type of evidence, direct evidence, needs no inference. The evidence itself is
the proof. This includes the testimony of a witness who saw an incident or the confession of the
perpetrator.

Documentary Evidence

Written forms of proof, such as letters or wills, are considered documentary evidence. It can also
comprise other types of media, such as images, video, or audio recordings, and so on.

Forensic Evidence

Scientific evidence, such as DNA, trace evidence, fingerprints, or ballistics reports. This type of
evidence can supply proof to establish a person’s guilt or innocence. It is generally considered to
be strong and reliable evidence, and alongside helping to convict criminals, its role in
exonerating the innocent has been well documented. Forensic means “for the courts.” Its use in
investigations is limited to serious cases that may end up in court.

Physical Evidence

Evidence that is in the form of a tangible object is considered to be physical evidence. Physical
evidence is also known as real or material evidence. It can be offered in court as an exhibit of a
physical object, captured in still or moving images, described in the text, audio, or video, or
referred to in documents.

Statistical Evidence

Evidence that uses numbers to support a position is called statistical evidence. This type of
evidence is based on research and polls.

Today, digital forensic investigators must be adept at extracting evidence from an array of
devices, each with unique structures, operating systems, storage capabilities, and security
features. A case involving a desktop computer, for example, may require an understanding of
operating systems, file systems, and data recovery techniques. Conversely, a case involving a
smartphone may call for expertise in mobile operating systems, encryption, GPS technologies,
and app data extraction. In network or cloud-based investigations, understanding data
transmission, network protocols, cloud architectures, and multi-tenancy environments becomes
critical. Thus, the device or system at the center of the investigation often shapes the strategy and
methodologies employed by the investigators.

In this article, we will delve into the various types of digital forensics. We will explore the
obstacles investigators face when extracting information from different types of devices, as well
as the rich and varied types of evidence these devices can yield. Finally, we will discuss the
increasingly recognized necessity of a holistic approach in digital forensic investigations, where
multiple devices and techniques often come into play. This holistic strategy not only increases
the effectiveness of investigations but also allows for a more adaptable, versatile approach in a
world where technology is ceaselessly evolving.

Types of Devices26

Digital forensics is not a one-size-fits-all discipline; it branches out into several areas, each
addressing a specific kind of device or system. Below we’ll take a look at some of the key types.

1. Computers and Laptops: The first stage in computer forensics involves the preservation of
data, carried out by creating a forensic image of the system’s storage devices. This process is
typically conducted using a write-blocking device to ensure data integrity. The forensic image is
then analyzed for files (both existing and deleted), browsing history, metadata (including
timestamps and file ownership), system logs, and email correspondence. These elements can
provide crucial evidence regarding the use, ownership, and purpose of the device.

Challenges in computer forensics primarily stem from encryption and anti-forensic techniques.
Modern computers often utilize full-disk encryption, which can prevent investigators from
accessing the data without the correct encryption key.

Anti-forensic techniques, such as data wiping, data hiding, and obfuscation, can also be
employed to complicate the investigation. Tools and strategies such as file carving, keyword
searching, and hash comparison can help overcome these challenges.

2. Smartphones and Tablets: Mobile device forensics can yield a wide array of evidence,
including call logs, SMS/MMS messages, app data, GPS location data, browsing history, and
multimedia files. The extraction methods range from manual examination to logical and physical
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extraction using forensic tools like Cellebrite UFED, Oxygen Forensics, and XRY. Physical
extraction provides a bit-by-bit copy of the entire memory, potentially recovering deleted items
and hidden data, whereas logical extraction retrieves files through the device’s operating system,
providing a structured view of the data.

Smartphones and tablets pose unique challenges due to their wide range of operating systems
(iOS, Android, etc.), numerous device models, and rapidly updating software. Also, advanced
security measures like encryption, biometric locks, and secure containers pose hurdles for
investigators. Cloud data associated with these devices, while a potential evidence source, adds
another layer of complexity, often requiring legal measures to access.

3. Network Devices and Servers: Network forensics focuses on monitoring and analyzing
network traffic. Investigators can capture network packets in real-time or from saved logs, using
tools like Wireshark or tcpdump. Analyzing these packets can reveal suspicious activities, data
exfiltration, or malicious network anomalies. Network devices also store log files, providing a
record of network events, while servers may contain user data, website logs, and databases.

Tracking and attributing network activities to specific individuals can be challenging due to
network address translation (NAT), proxies, VPNs, or anonymizing networks like Tor. Another
challenge is dealing with the high volume of data and isolating relevant information.
Furthermore, evidence might be distributed across multiple devices in the network, requiring
synchronized investigation.

4. IoT Devices: IoT devices can hold sensor data, network logs, and user profile information, all
of which can serve as potential evidence. Depending on the device, this might include data like
temperature readings, video footage, audio recordings, or GPS data.

The forensics process for IoT devices is relatively new and challenging due to the sheer variety
of devices, each with unique operating systems, data formats, and storage capabilities. They
often lack built-in data preservation mechanisms, and many do not store data locally long-term,
instead transmitting it to a paired device or cloud service. This necessitates extraction from
multiple sources and potentially dealing with real-time data capture.
5. Wearables: Wearables can hold valuable digital evidence such as user profile and activity
data, GPS data, heart rate, or even sleep patterns. The forensic process relies on syncing the
device with a forensic workstation and extracting data using specialized tools or direct memory
access, if supported.

However, wearables present unique challenges for digital forensics due to the variety of
manufacturers, each with proprietary operating systems and data formats. They often sync data
to a companion app on a smartphone, or cloud storage, resulting in the data being constantly
overwritten and updated, making historical data difficult to recover. Additionally, many
wearables encrypt stored data, which poses an additional challenge to extraction.

6. Drones: Drones can offer telemetry data, flight logs, videos and photos, and controller input
commands. The memory chips in drones and associated controllers can be forensically imaged
and analyzed for this data, which can reveal the drone’s flight path, altitude, speed, and
movements. Some drones also come with integrated or attachable cameras that can capture high-
quality videos and photos, potentially used as evidence.

Drones present significant challenges in digital forensics due to their proprietary nature.
Understanding the specific drone’s data structure, storage system, and transmission protocol
requires specialized knowledge and tools. Privacy concerns related to drone operations and their
surveillance capabilities add to the legal and ethical complexities.

7. Vehicles: Modern vehicles come equipped with numerous onboard computers known as
Electronic Control Units (ECUs), responsible for various functions like engine control,
navigation, communications, and more. A subset of these, Event Data Recorders (EDRs), can
provide information about vehicle speed, brake usage, airbag deployment, seatbelt use, and other
crucial event data before, during, and after a crash.

Vehicle forensics involves specialized tools to interface with these ECUs through the onboard
diagnostics (OBD) port and other connections, and interpret the extracted data. The proprietary
nature of these vehicle systems and the multitude of manufacturers and models significantly
complicates the process. Also, many vehicle systems encrypt their communications for security
purposes, which can pose a challenge for forensic extraction.
8. Medical Devices: Medical devices such as pacemakers, insulin pumps, and various health
monitors can provide patient health data, usage logs, and configuration information. The forensic
process often involves using proprietary software provided by the manufacturer or specialized
hardware interfaces to extract this data.

However, the field of medical device forensics is fraught with challenges. Many devices employ
encryption to protect patient data, requiring specialized knowledge or manufacturer cooperation
to decrypt. Also, given the sensitivity of health data, there are significant legal and ethical
considerations surrounding its extraction and use.

9. CCTVs: Closed-circuit television systems can provide video footage, access logs, and
configuration data. Typically, forensic experts acquire data by extracting the hard drive from the
Digital Video Recorder (DVR) associated with the CCTV system and making a forensic copy.

CCTV systems present a unique set of challenges. For instance, video data is often recorded over
on a loop, making older data harder to retrieve. Advanced techniques might be needed to recover
deleted or overwritten footage. Furthermore, processing and analyzing video footage can be
time-consuming, especially in high-resolution systems where the data sizes can be enormous.

10. Device Memory: Device memory, or RAM, holds a wealth of volatile data, including
running processes, network connections, login sessions, and even fragments of user data. Live
system forensics can be performed to capture this volatile data, often involving careful order of
volatility-based evidence collection and the use of specialized tools like Volatility or Rekall to
create memory dumps.

Memory forensics is a highly specialized field, requiring expertise to correctly interpret the data
structures and remnants of activity within a memory dump. The volatile nature of RAM means
that valuable evidence can be lost if not captured quickly and properly. Furthermore, some areas
of device memory may be protected or encrypted, posing additional challenges for investigators.

11. Gaming Consoles: Gaming console forensics is an increasingly relevant aspect of digital
forensic science, given the rise of internet-connected gaming platforms like PlayStation, Xbox,
and Nintendo Switch. These consoles often harbor a wealth of personal user information, making
them viable sources of digital evidence. Data stored on a gaming console can include user
profiles, chat logs, friends lists, saved game data, screenshots, and even credit card information.
Furthermore, consoles are often used to browse the web or connect to social media, which may
leave additional trails of digital evidence. With the growing utilization of cloud services,
additional user-specific data can often be recovered from linked accounts and external servers.

However, the process of extracting this information is not without its challenges. Different
consoles have distinct operating systems and proprietary hardware, which require specialized
tools and techniques for forensic analysis. Data encryption is commonly employed in newer
consoles, adding another layer of complexity. Furthermore, there is the issue of volatile data –
information which can be lost or changed if the console is turned off or restarted. As with any
form of digital forensics, maintaining a chain of custody and ensuring that evidence is not
unintentionally altered during the investigation process is critical. Consequently, gaming console
forensics is a field that requires both a high degree of technical skill and a thorough
understanding of legal considerations.

12. Cloud Storage: Cloud storage forensics is a significant facet of digital forensics that focuses
on retrieving and analyzing data stored in cloud-based services like Google Drive, Dropbox, or
iCloud. This type of forensics can reveal a vast array of valuable information such as file activity
records, user activity logs, and metadata related to created, accessed, or modified files. The
analysis can further uncover deleted files, previous file versions, or even trace shared files
between accounts. Given the extensive use of cloud storage solutions, such information can
prove crucial in diverse investigations ranging from corporate espionage to personal disputes or
criminal cases.

Despite the potential for rich data extraction, cloud storage forensics also presents unique
challenges. Privacy laws and differing regulations across countries can complicate the process of
obtaining required legal permissions to access cloud data. In addition, the decentralized nature of
cloud storage, which often involves data redundancy and distribution across multiple servers
possibly in different geographical locations, can complicate data recovery. Encryption used by
cloud providers presents another hurdle, as it can make direct data acquisition difficult. Lastly,
the volatile nature of cloud data, where files can be easily modified or deleted, also creates the
need for timely and methodical investigations to preserve and recover valuable evidence. As
such, cloud storage forensics demands a nuanced understanding of technology, law, and
international relations, making it a complex yet vital domain within digital forensics.

Developing A Holistic Approach

With the varied types of devices and systems involved in digital forensic investigations, a
singular approach often proves insufficient. A more encompassing, holistic approach is
necessary to conduct an effective and thorough investigation. This involves considering all the
digital devices and systems relevant to the case and understanding how data from each device
contributes to the overall picture.

The advantage of a holistic approach is that it enables investigators to piece together disparate
bits of evidence into a cohesive story. For instance, network logs may indicate a cyber intrusion,
computer data may reveal unauthorized activities, mobile data could provide proof of
communications related to the crime, and cloud data might store relevant documents or files.

In an era where digital devices are intertwined with our daily lives, investigations that take into
account the full range of these devices are far more likely to provide a comprehensive
understanding of the activities in question. This not only enhances the robustness of the
investigation but also increases the admissibility and weight of the evidence in court
proceedings.

Throughout this article, we’ve examined the different types of digital forensics, highlighted the
challenges inherent in extracting information from different types of devices, and explored the
myriad types of evidence that can be derived from each device. We’ve seen that each type of
device offers its own unique challenges and rewards, necessitating a diverse skill set and a deep
understanding of a range of technologies.
 CHAPTER-IV

CHALLENGES IN DIGITAL FORENSIC INVESTIGATION

Different Digital Forensics Investigation Challenge Types

Mainly, the challenges in digital forensics investigation are categorized into 3 parts. 27

1. Technical Challenges

2. Legal Challenges

3. Resource Challenges

1. Technical Challenges in Digital Forensics Investigation

We’ve seen immense growth in the field of technology. However, the usage of technology has
been identified as both positive and negative. While some developers use technology to invent
things to benefit mankind, cybercriminals also use technology to fulfill their own malicious
intent.

The digital forensics domain has witnessed this one main problem. That is when a technology is
developed to identify & investigate criminals, at the same time another technology helped
criminals hide themselves.

In the technology world, digital evidence is different from physical evidence. Unlike physical
evidence, electronic evidence can be easily manipulated, removed, and/or hidden without leaving
any traces that might identify the culprit.

So, we can say that anti-forensics has become the prime enemy of the digital forensics
investigation process.

Here are some of the anti-forensic techniques that cybercriminals follow making the task of an
investigator more challenging.

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 Encryption: Information is scrambled via encryption, which can only be read and
decoded by someone who has the right decoding key. On the compromised system,
encryption is utilized to conceal or render the evidence illegible. Investigators must
decrypt the encrypted material in order to make it useable because attackers employ a
wide variety of encryption techniques. It takes time, and occasionally, it is impossible to
decrypt the encrypted data.

 Residual Data Wiping: A few unnoticed hidden processes (such as temporary files and
command histories) are running when the attacker utilizes a computer to accomplish his
objective. However, a clever attacker can minimize this danger by erasing the traces left
by his activity and tricking the system into functioning as if it had never been used for
that purpose.

 Data Hiding in Storage Space: Data are concealed by attackers inside storage spaces and
rendered invisible to standard system instructions and programs. It complicates and
lengthens the inquiry, and occasionally data corruption also occurs. One of the most often
utilized methods for concealing data in storage is the rootkit.

 Covert Channel: Attackers can disguise data on the network and potentially get around
intrusion detection systems by using covert channels in communication protocols. The
header of a network protocol is typically altered to leak messages between attackers,
taking advantage of the fact that only a small portion of the header is changed during
transmission. Attackers make use of these covert channels to keep a covert connection
going between themselves and the compromised system. It is harder to recognize.

 Tail Obfuscation: These terms may sound technical but obscuring the attack’s source is
the most widely used approach by criminals. In this case, the attacker changes the file
extension and utilizes fake information to deceive the investigator. In light of this, the
investigator occasionally risked missing information with forensic significance.

 Steganography: As an extra secure form of data protection, steganography, an encryption

technique, can be used in conjunction with cryptography. It’s a method for concealing
any information inside of a file carrier without altering its outside appearance. Using this
steganography, attackers can conceal their payloads (hidden data) inside the infected
 system. An investigator must locate this concealed data when looking into computer
crimes in order to make it public and make it available for future use.

2. Legal Challenges in Digital Forensics Investigation

Privacy is important to everyone – for business organizations as well as individuals. In many

situations, the computer forensics expert may need to reveal the data or violate privacy in order
to discover the truth.

In the course of daily use, a private company or a single user may produce a lot of private
information. Therefore, allowing forensic investigators to look over their data runs the danger of
exposing their privacy.

It becomes difficult when the investigator “accidentally” discovers or comes across information
about the crime but is prohibited from using this information against the perpetrator owing to
privacy concerns. This has an impact on the entire digital forensics investigative process and
makes it more challenging.

3. Resource Challenges in Digital Forensics Investigation

The amount of data involved in a case may be large depending on the circumstances. In that
situation, the investigator must review all of the data that was gathered in order to compile
evidence. The probe could take longer than expected. Time constraints are yet another difficult
task and pose a challenge in digital forensics investigation.

In the case of memory forensics, since the data stored in volatile memory is transient, user
activities are rewritten in the volatile memory. Therefore, only recent data saved in volatile
memory can be examined by investigators. As a result, the data’s forensic usefulness for the
inquiry is diminished.

When gathering information from the source, an investigator must ensure that nothing is altered
or overlooked during the course of the inquiry and that the information is properly protected.

Investigative work is tough due to damaged data sources. Therefore, it is a serious problem when
a researcher discovers a useful source that cannot be used.
Now, apart from the above, there are some other factors that make digital forensics investigation
challenging.

Digital Forensics Investigation Challenges – Some Other Factors

Three such aspects are there that are becoming obstacles in the investigation process.

1. High Volume

Large-scale data acquisition, storage, and processing issues have been a problem for at least ten
years. But, they are currently getting worse due to the accessibility and broad marketing of
digital data.

For instance, in the case of live network analysis, this is especially important because the
investigator might not be able to record and preserve all the essential traffic. An explosion in the
amount of data that needs to be kept and processed for gathering evidence or detecting
occurrences is caused by the availability of gigabit-class networks and multimedia-rich material.

2. Case Complexity

Evidence is now dispersed throughout numerous physical or virtual places, including cloud
resources, personal network-attached storage devices, and online social networks, as opposed to
being contained within a single host. For this reason, it takes more knowledge, resources, and
time to completely and accurately rebuild the evidence.

To manage the complexity and find the required evidence, investigators need to automate their
approach.

3. Development of Standards

Files continue to be the most common digital artifacts to be gathered, organized, and studied,
despite technological advancements. Therefore, the research community has attempted to come
to terms with common formats, schema, and ontologies. But, so far with little success.

The Cybercrime Lab is a group of highly trained digital investigative analysts located in the
Computer Crime and Intellectual Property Section of the Criminal Division in Washington, DC.
The Cybercrime Lab provides support to prosecutors through advanced digital investigative
analysis, technical and investigative consultations, and research and training to support
Department of Justice initiatives. Digital Investigative Analysis (DIA) is the evolution of what
was previously referred to as “computer forensics.” It is important for prosecutors to appreciate
the three aspects of the profession that caused this evolution:

Digital. Digital Investigative Analysts (analysists) no longer limit their analysis to standard
computer systems. Today, analysts examine everything “digital,” including desktop computers,
laptops, mobile devices (cell phones and tablets), GPS navigation devices, vehicle computer
systems, Internet of Things (IoT) devices, and much more. We are still in the infancy of the
digital age, but developers of many products—from shoes and sports bras to lightbulbs and
doorbells—are already incorporating technology into their products to collect, store, and transmit
information about the user that they can analyze and hopefully monetize.

Investigative. While technology progresses at lightning speed, the legal system and those who
uphold our laws are just beginning to appreciate the need for analysts to conduct deeper
“investigative” analysis on digital devices to obtain a better understanding of issues being
investigated. Each year we are generating or replicating eight zettabytes of information. That is
equivalent to a stack of paper 1.6 trillion miles high. To manage the high volume of data that
needs to be analyzed, some organizations have employed a raw data extraction process to digital
evidence. This non-analytical approach blindly identifies types of files (e.g. pictures, documents,
spreadsheets, etc.) in the storage media, without further analysis, to determine if the user opened
the file or even knew the file was there. This raw data extraction process allows an organization
to quickly process a large volume of data and may be an excellent first step in the simplest cases.

Raw data extraction, however, does little to satisfy many of the offense elements necessary to
establish guilt. In contrast, DIA requires analysts to investigate or even “interrogate” digital
devices. Analysts ask questions in the form of keyword searches and review digital artifacts to
form additional questions or logical investigative leads based on the answers received. Even
when the response to questions is silence (or a lack of recorded information), an analyst may ask
why is there no response or recorded information. Was counter-forensics conducted? Is there
something unique about the digital device being investigated that the technique or tool cannot
read or display the information?

Analysis. Lastly, an analyst must “analyze” the response to each question and determine its
relevance to other digital artifacts, as well as how it relates to information available from the
non-digital investigation. An excellent example of this was used in “The Physical Computer and
the Fourth Amendment” by acting Principal Deputy Chief of CCIPS, Josh Goldfoot, where he
explained that in isolation, the fact that a suspect downloaded tide tables for a particular beach in
Oregon at 5 a.m. might mean nothing. Josh Goldfoot, The Physical Computer and the Fourth
Amendment, 16 BERKELEY J. CRIM. L. 112 (2011) .28 When combined with the fact that a
young woman's body was discovered in the surf on that beach an hour and a half later, however,
the significance of the tide tables became apparent. Id.

Incident Response and Encryption

For years, law enforcement has debated the value of imaging Random Access Memory (RAM)
when they encounter a powered-on computer with an active user account logged in. RAM is the
place in a computing device where the operating system, applications and data in use are kept so
they can be quickly reached by the device's processor. RAM is much faster than other kinds of
storage. Data remains in RAM as long as the computer is running. When the computer is turned
off, RAM information in RAM rapidly dissipates and is lost. In 2016, the majority of law
enforcement more often elected to pull the power plug from the computer rather than image
RAM.

Many agents still prefer not to acquire RAM because they believe that RAM is unlikely to
contain relevant evidence. Sometime agents base this belief on the specific nature of the
investigation (e.g., white collar crime) or the latency of the crime under investigation. Today,
however, the most appropriate practice is to image RAM where practicable. First, an aggressive
defense counsel may argue that RAM might have contained exculpatory evidence and its
intentional destruction amounts to a knowing Brady violation. Second, today there is increased

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possibility that the hard drive of the computer to be searched will be encrypted. That possibility
is becoming more likely each day.

Encryption is default on new computers

Investigative agencies are already beginning to see an increased use of “BitLocker” whole disk
encryption. It is not just that our targets are getting savvy about securing their data. In many
instance, the providers are doing the work for our targets. For example, starting with the core
edition of Windows 8.1, Windows RT, and Windows 10, Microsoft began automatically
encrypting the system boot volume (typically the entire C-drive) without notifying the user.

Thankfully, as of the writing of this article, whole disk encryption is still not the default on every
Windows computer; it is hardware conditional. These conditions must be met for Microsoft to
encrypt the operating system drive:

a. the device meets Connected Standby or Modern Standby hardware specifications;

b. the device features a non-removable (soldered) RAM (this protects against the rarely used
cold-boot technique where RAM is removed and placed in a separate reader device and
imaged without allowing the computer to be powered down);

c. the device has a Trusted Platform Module (TPM) 2.0 chip; and

d. at least one account with administrative privileges logs in with Microsoft Account
credentials (as opposed to using a local Windows account).

While this may sound like a lot of very specific requirements, it is worth noting that every
Windows Surface and Surface Pro computer meets all of these requirements and is encrypted by
default. And even if a computer does not initially meet all the requirements (e.g., it has no solid-
state drive or an account with administrative privileges using Microsoft account credentials is
used), the moment the device meets all the prerequisites, Windows will begin silently encrypting
the boot partition in the background without notice to the user.

It is important for prosecutors to be aware that because BitLocker Device Encryption encrypts
Windows devices without user awareness, it also automatically stores a 48-character recovery
key in the users Microsoft OneDrive account. Prosecutors may be able to serve legal process
upon Microsoft to obtain the BitLocker Recovery Key from the user’s Microsoft OneDrive
account. CCIPS recommends that prosecutors use a search warrant to obtain the recovery key in
most instances. If you find that any of your personal computers have been automatically
encrypted, you can see all your BitLocker recovery keys by logging into your OneDrive account
and going to https://onedrive.live.com/recoverykey.

Four Basic Incident Response Steps

With the increased likelihood of encountering encryption, prosecutors and agents should
familiarize themselves with the four basic, recommended steps for responding to a computer that
is powered on with a user logged in.

First, isolate and preserve the state of the computer as it is when law enforcement first encounter
it. Do a visual assessment to determine if anything requires immediate action. For example,
consider disconnecting the system from the network. If the responder detects excessive hard
drive activity suggesting the drive is being wiped, consider terminating the wiping program if
possible or removing power from the computer to prevent further damage.

Second, preserve volatile data by imaging RAM. There are many simple ways this can be
accomplished, but all require the introduction of incident response software. Incident response
software is typically introduced to the target computer by inserting external storage media such
as a USB drive. Some incident responders have expressed concern that introducing anything to
the target computer changes evidence and may render the computer inadmissible. While that is
always a theoretical risk, the risk is quite small, and it is usually a greater risk not to image
RAM.

As an initial matter, the “changes” to the computer caused by imaging RAM are minimal,
contained, and usually identifiable. These changes are especially de minimus when one
recognizes that any computer powered on is always in a fluid state of motion, and changes are
taking place regardless of what actions are taken by the examiner. Thus, the risk created by
imaging RAM is quite minimal. The incident responder can further minimize the risk by using a
sanitized storage device to introduce the incident response software and by carefully
documenting any actions they take on a live computer system for later reference.
The risk created by not imaging RAM is often much more significant. The average computer
sold between 2015 and 2016 came with at least six gigabytes of RAM. Six gigabytes of text
roughly equals a stack of paper 6,000 feet high. An aggressive defense counsel may argue that by
removing power from the computer without preserving RAM, your agent just destroyed the
equivalent to a 6,000 foot stack of information (most of which was surely exculpatory).

Third, once RAM has been preserved, check for signs of encryption. The two most common
encryption detection tools are “Encrypted Disk Detector” (EDD) by Magnet Forensics or
"Crypthunter" by the Software Engineering Institute at Carnegie Mellon University. When
executed, both tools will report the presence of a number of different volume and disk based
encryption programs. More information about EDD can be found at
www.magnetforensics.com/free-tool-encrypted-disk-detector/. More information about
Crypthunter can be found at www.cert.org/forensics.

Finally, create a forensic image. If there are no indications of encryption, and RAM has been
successfully imaged, power should be removed from the system to abruptly stop all operations.
Removing power prevents any maintenance or counter forensic programs from running and
causing changes to the system during the standard shutdown process. A “write block” (preferably
a “hardware write block”) should be applied to the hard drive before any further actions are taken
to prevent the imaging process from writing any information to the drive being imaged or
otherwise changing the data being investigated.

Before beginning the process of creating a full forensic image (whether a physical image or a
faster “logical” copy), consider creating a “triage” image. Analysts can typically image at 60 to
80 gigabyte per hour. A complete copy (full “physical” image) of a one terabyte drive would
typically take between 12 to16 hours. In contrast, a triage image uses a more surgical approach to
create a smaller, partial image of high value digital artifacts that can reveal key information. For
example, a triage image may alert investigators to online accounts that need to be immediately
preserved, or actions recently taken on the computer that may aid in taking immediate
investigative actions (e.g. searches conducted, files opened, chat sessions, etc.). Analysis of the
high value digital artifacts can then be conducted while the more time-consuming full forensic
image takes place.
If encryption is detected or suspected because of step three, incident responders should consider
creating a live “logical” image of the computer before removing power. Several tools can image
RAM and create images of a live system—one of the most popular is FTK Imager by Access
Data, which can image RAM, create both live logical or physical images, and accomplish many
additional incident response tasks. While a live logical image is not the preferred method of
copying a hard drive, it allows investigators to capture all the active files in an unencrypted state
so that if the encryption cannot be circumvented, at least the active files are available for the
investigation.

Electromagnetic vs Solid State Hard Drives

Another issue prosecutors and analysts should consider is the impact that new “solid state” hard
drives (SSDs) have on DIA. Standard hard drives, also called “electromagnetic drives,” consist
of platters that spin between 5,400 and 15,000 RPMs and hold positive and negative charges read
by the computer as binary data. From this binary data, the computer can read the files and
programs that store information and make the computer work. Since the beginning of the
computer forensic profession, it has been well known that nothing is ever truly “deleted” from an
electromagnetic drive. Instead, when information is “deleted” from an electromagnetic drive, the
computer is simply told that the space where that information resides is now available for new
files to reside, if that space becomes needed. A file deleted can be recovered forever, as long as
no other data is written to the area of the hard drive that file resides.

SSDs change this fundamental principle. The benefits of SSDs include increased speed of access.
There is no longer a motor moving a head of a hard drive across a spinning platter to read the
polarity of binary data stored on it. As a result, the access to data is instantaneous. With no
moving parts, SSDs are also silent, less fragile, and stay relatively cool compared to
electromagnetic drives.

One negative aspect of SSDs, however, is the “write endurance.” Write endurance is the number
of “write cycles” (or number of times data can be written to) a block of flash memory can hold.
Once a user has reached the write endurance limit, the disk may become unreliable or unable to
use any of the cells. As a result, there is a tendency for repeated writes to eventually corrupt the
flash memory, making the SSD partially or completely unusable. SSDs employ two features to
reduce this phenomenon and expand the life of an SSD. These features are called “wear leveling”
and “trim.”

Wear leveling is the process of moving data around on the SSD to prevent any specific area of
the drive from wearing out prematurely. When active data is moved to a location marked as
being inactive, any data previously in that location is overwritten. This process decreases the
time deleted files can be recovered on SSDs because data on the drive is constantly being
overwritten.

Trim is used to increase the speed data can be written to the drive. As an analogy, if you think of
each cell that holds data on an SSD as a paint can, trim is the process that looks at which cells are
holding active files, then occasionally pops the lid on all paint cans that are not holding active
data. This increases the write speed because data can be immediately written to a clear, open cell
rather than first having to pop the lid and clear the “inactive” or deleted files.

Wear leveling and trim have at least two effects that may relate to prosecutors and analysts. First,
the amount of time deleted files can be recovered drops from “indefinitely” on an
electromagnetic drive to potentially weeks or months on an SSD. Time is now of the essence for
imaging an SSD. If you have reason to believe your target has an SSD, act quickly. Second,
when wear leveling or trim occurs, data in inactive cells of the SSD are being destroyed, causing
the drive to constantly change. As a result, an SSD with a particular hash value when imaged
originally may have a different hash value if the drive is later reimaged because trim or wear
leveling may occur during the reimaging process.

Unfortunately, the trim and wear leveling functions are accomplished at the hard drive controller
level, and nothing can currently be done to suspend these functions. While some operating
systems can invoke trim, disabling it through the operating system does not prevent trim from
being initiated by the drive firmware. Even attaching an SSD to a hardware write block will not
prevent wear leveling or trim.
 CHAPTER-V

LEGAL IMPLICATIONS OF DIGITAL FORENSIC EVIDENCE

An investigator must uphold higher standards of ethics when conducting an inquiry. Digital
forensics investigation participants ought to be handled with respect, equality, and fairness.
While conducting a digital forensics investigation, ethical consideration is crucial. All
participants in a digital forensics inquiry should retain the highest level of objectivity. For a
thorough and effective investigation procedure, digital forensics ethics are a need. Our ultimate
goal is to instill in you a deep understanding of digital forensic ethics. Stay with us for further
details.

Digital Ethics29

Digital ethics is the area of ethics that deals with the collection of laws and moral principles that
regulate how people interact with one another inside of businesses as well as more widely in
markets and society when computer technology is used as a medium. This digital ethics code's
goal is to outline the standards of behavior that charities should adhere to when engaging in
digital activities including expanding their reach through social media and using donor
information to guide fundraising efforts.
How Does Digital Forensics Ethics Work

Ethics plays a crucial role in digital forensics as it involves the analysis of sensitive information.
Failure to act ethically in digital forensics investigations can compromise the evidence extracted.
It is your duty to carry out a thorough investigation, to tell the truth, and to maintain objectivity.
Your baseline behavior is determined by your personal and professional principles.

Digital Forensics professionals have to follow a particular set of codes of ethics to successfully
execute investigations. This entails upholding discretion, preventing conflicts of interest, and
making sure that their conduct adheres to moral and legal standards.

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Analysts of digital forensics must remain neutral and objective throughout the course of the
investigation. Any prejudice or biases affecting their examination and interpretation of the
evidence must be avoided.

In some circumstances, getting permission to gather and examine digital evidence may be
necessary. This is especially true when it comes to communications or personal gadgets when
people have a reasonable expectation of privacy.

Digital forensic investigators must abide by all applicable laws and rules, including those
governing intellectual property, data privacy, and data protection. Digital forensic investigators
should continue their education and training to stay current with the newest methods and tools
available.

Legal Issues in Digital Forensics Investigations

To ensure that the data gathered is acceptable in court and does not break any laws, the digital
forensics process must follow legal requirements. Here are a few legal concerns for digital
forensics.

The US Constitutions Fourth Amendment forbids arbitrary searches and seizures. Before
executing a search or seizure, digital forensic investigators are required to follow legal
procedures, get a warrant, or have other solid grounds.

The chain of custody records how the evidence was obtained and transported before being
presented in court. To maintain the chain of custody and guarantee the integrity and admissibility
of the evidence, digital forensic investigators must adhere to tight rules.

The legal requirements for admission of digital evidence must be met, including relevance,
authenticity, and dependability. To make sure that the data gathered complies with legal
standards, digital forensic investigators must adhere to established norms and processes.

Data privacy and protection laws that are applicable must be complied with by digital forensic
investigators. Investigators are required to maintain the confidentiality of personal data and make
sure they do not access or divulge any information that is not necessary for the investigation.
Digital forensics investigations may involve multiple jurisdictions, and investigators must
comply with the laws of the jurisdictions in which they operate. Jurisdictional issues can
complicate digital forensics investigations, and investigators must be aware of the laws that
apply to the evidence they collect.

Analyzing intellectual property such as trade secrets, copyrighted content, and other items may
be part of digital forensic investigations. To avoid violating any copyright or other intellectual
property rights, investigators must adhere to all applicable intellectual property laws.

Legal consideration must be followed throughout digital forensics investigations to guarantee

that the evidence gathered is valid for use in court and does not break any rules. Legal problems
such as search and seizure, a chain of custody, admissibility of evidence, data privacy and
protection, jurisdiction, and intellectual property must be understood by digital forensic
investigators.

The Process of Computer Forensic Analysis

The process of computer forensic analysis typically begins with data acquisition. Computer
experts use specialized techniques and tools to obtain information from digital devices, ensuring
the data’s integrity remains intact.

Following the acquisition, the preservation of data becomes the focus. This step is crucial
because it prevents any alteration or loss of data. It also prepares the data for examination, where
forensic computer experts analyze the information to find potential digital evidence relevant to
the legal case. This step often involves the use of advanced software and analytical methods that
spotlight the potential power of digital evidence.

The final step in the process is reporting. This involves presenting the findings obtained from the
analysis to legal professionals. The experts must present their findings in a clear and
comprehensible manner, often in compliance with the Daubert standard for the admissibility of
expert testimony. This ensures that the results are accepted in court and can help shape the
narrative of the defense strategy.
The Future of Computer Forensics

In the rapidly changing technological landscape, the field of computer forensics continues to
evolve. As part of this progression, technology expert witnesses are now frequently integrated
into legal proceedings. These professionals can provide crucial insights into the intricacies of
digital evidence, enhancing the legal team’s comprehension of complex technical matters.

Another emerging trend in the field is the potential impact of novel forms of intellectual
property, such as NFTs, on litigation. As we’ve explored before, the advent of NFTs has
introduced new considerations in intellectual property disputes, likely influencing the future of
computer forensics.

As the field continues to evolve, remaining informed about these trends is beneficial for legal
practitioners. It allows for the adaptation and leveraging of new forms of digital evidence in legal
cases, potentially altering defense strategies and the trajectory of litigation.

Building a Robust Defense Strategy with Digital Evidence30

The effective use of digital evidence in a legal case can significantly bolster a defense strategy.
This starts with understanding the role of expert witnesses and their contribution to explaining
and validating digital evidence. Incorporating their testimonies in court often enhances the
persuasive power of the defense strategy.

Visual aids also play an important role in presenting digital evidence. These tools can
enhance the understanding and persuasiveness of the evidence. By using computer forensic
analysis to create compelling visual aids, defense attorneys can effectively explain complex
digital evidence to the judge and jury.

Furthermore, considering the ethical implications of digital forensics is crucial when

incorporating it into a defense strategy. Attorneys should adhere to the ethical guidelines outlined
in our article on ethics in litigation, ensuring that the use of digital evidence complies with legal
standards and respects privacy rights.

A Glimpse into the Power of Digital Evidence

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Various legal cases such as those involving intellectual property disputes and accident
reconstruction defense have been transformed through digital evidence. In building a robust
accident reconstruction defense, computer forensics can uncover precise details of the event,
providing irrefutable evidence.

In the realm of intellectual property litigation, the analysis of digital data can expose hidden
infringements. Indeed, these professionals play a pivotal role in uncovering evidence to support
claims.

In sum, digital evidence has the power to alter the landscape of legal proceedings. By leveraging
the potential of computer forensic analysis, attorneys can unravel complex cases, providing
critical insights that shape the trajectory of legal decision-making.

Frequently Asked Questions

1. What qualifications should a digital forensics expert witness have?

A digital forensics expert witness should have in-depth knowledge and expertise in computer
forensics, data recovery, and analysis. They should possess relevant certifications, such
as Certified Computer Examiner (CCE), Certified Forensic Computer Examiner (CFCE), or
EnCase Certified Examiner (EnCE). Additionally, they should have experience testifying in
court and be able to effectively communicate complex technical concepts to non-technical
individuals.

2. How is digital evidence preserved to maintain its integrity?

Digital evidence is preserved through a meticulous process to maintain its integrity. The
evidence is acquired using forensically sound procedures, ensuring that no data is altered or
tampered with during the acquisition process. It is then stored in a secure environment with
proper chain of custody protocols. To prevent unauthorized access or modification, the evidence
should be stored in write-protected media or using cryptographic hashing techniques. This
ensures that the integrity of the evidence is preserved throughout the legal proceedings.
3. Are there any limitations to the admissibility of digital evidence in court?

Yes, there are limitations to the admissibility of digital evidence in court. The evidence must
meet certain criteria to be considered admissible. Courts generally require that the evidence is
relevant, authentic, and reliable. This means that the digital evidence must be directly related to
the case, can be verified as genuine, and has been obtained using reliable and accepted forensic
techniques. Additionally, the evidence must comply with the rules of evidence, which vary
depending on the jurisdiction and the type of case. It is important for attorneys to work with
experienced computer forensic experts and comply with the admissibility requirements to ensure
the digital evidence is considered by the court.

4. Can computer forensic analysis be used in international litigation?

Yes, computer forensic analysis can be used in international litigation. With the increasing
reliance on digital evidence, computer forensic experts can assist in cross-border investigations
and litigation. However, it is important to consider the legal and jurisdictional challenges that
may arise in international cases. Different countries may have different laws and regulations
regarding the collection and admissibility of digital evidence. It is crucial to work with experts
who are familiar with international legal frameworks and can navigate the complexities of
international litigation.

5. How can visual aids enhance the presentation of digital evidence in court?

Visual aids can significantly enhance the presentation of digital evidence in court. By using
visual aids such as charts, graphs, timelines, and animated reconstructions, attorneys can
effectively present complex technical information to the judge and jury. Visual aids make it
easier for non-technical individuals to understand the evidence and the conclusions drawn from
it. They can provide a clear visual representation of digital artifacts, network connections, or data
flows, making the evidence more persuasive and memorable. Visual aids can help attorneys tell a
compelling story and strengthen their arguments based on the digital evidence.
Embracing Digital Evidence: A Litigation Game-Changer

As we navigate through the intricate realm of computer forensic analysis, we realize the
undeniable power and potential that digital evidence holds in shaping the outcome of legal cases.
As the digital footprint expands, so does the scope for uncovering hidden truths, revealing
breaches, and reconstructing events with surgical precision.

Whether we are delving into intellectual property disputes where forensics can unravel hidden
infringements, or accident reconstruction cases where digital evidence can piece together a chain
of events, the value of computer forensic analysis is irrefutable. With proper understanding and
application, digital forensics becomes a formidable tool in an attorney’s arsenal.

By effectively leveraging expert witness testimonies, attorneys can bridge the gap between
complex digital evidence and the courtroom. Specialized experts in digital forensics can not only
validate and explain technical details, but they can also enhance the impact of the evidence with
their impartial analysis. As digital evidence continues to hold more weight in legal proceedings,
the role of the expert witness becomes ever more essential.

On the path to embracing digital evidence, we must also consider the ethical implications that
arise. As virtual litigation becomes the norm, ensuring the integrity of digital evidence and the
fair application of forensic analysis is paramount. Attorneys must navigate this new landscape
while adhering to ethical standards, thus ensuring the trustworthiness and reliability of their
defense strategies.

As we look towards the future of computer forensics, we anticipate the evolution of technology
and the subsequent challenges and opportunities that arise. With the integration of emerging
technologies like NFTs and the increasing need for technology expert witnesses, the landscape of
computer forensics is bound to evolve, providing new avenues to uncover and present digital
evidence.
 CHAPTER-VI

CASE STUDIES AND EXAMPLES

Digital evidence admissibility

Certain legal and technical requirements must be met to ensure the admissibility of digital
evidence in a court of law (Antwi-Boasiako and Venter, 2017). In regards to the former, the
court examines the legal authorization to conduct searches and seizures of information and
communication technology and related data, and the relevance, authenticity, integrity, and
reliability of digital evidence (Antwi-Boasiako and Venter, 2017). With respect to the latter, the
court critically examines the digital forensics procedures and tools used to extract, preserve, and
analyse digital evidence; the digital laboratories whereby analyses are performed; the reports of
digital forensic analysts; and the technical and academic qualifications of digital forensics
analysts and expert witnesses (if required) (Antwi-Boasiako and Venter, 2017). Antwi-Boasiako
and Venter (2017) developed a framework, the Harmonized Model for Digital Evidence
Admissibility Assessment (HM-DEAA), that encapsulates the essential technical and legal
requirements that determine evidence admissibility. Particularly, the HM-DEAA proposes a
three-phase model for assessing evidence admissibility, which includes digital evidence
assessment, consideration, and determination. The HM-DEAA framework is used in the next
section of this Module to highlight the legal and technical requirements that are largely used
across jurisdictions to ensure the admissibility of digital evidence in national courts.

Digital Evidence Assessment

In this phase, courts determine whether the appropriate legal authorization was used to search
and seize information and communication technology (ICT) and related data. The types of legal
authorization include a search warrant, court order, or subpoena. The legal order required to
obtain ICT and ICT-related data varies by jurisdiction and is determined by national laws (see
Cybercrime Module 7 on International Cooperation against Cybercrime). However, the legal
order predominately used by countries to seize ICT is a search warrant. Nevertheless, national
laws differ in the legal order requirements based on the circumstances of the case, circumstances
surrounding the search and seizure, and the credentials of those conducting the search (see
Cybercrime Module 7 on International Cooperation against Cybercrime for further information
on the legal orders required to access data across jurisdictions).

The forensic relevance of the digital evidence is assessed in this phase as well. Forensic
relevance is determined by whether the digital evidence: links or rules out a connection between
the perpetrator and the target (e.g., victim, digital device, website, etc.) and/or the crime scene
(the place where the crime or cybercrime occurred); supports or refutes perpetrator, victim and/or
witness testimony; identifies the perpetrator(s) of the cybercrime; provides investigate leads;
provides information about the method of operation ( modus operandi or M.O.) of the perpetrator
(i.e., the habits, techniques and unique features of the perpetrator's behaviour); and shows that a
crime has taken place ( corpus delicti) (Maras, 2014; Maras and Miranda, 2014).

Digital Evidence Consideration

In this phase, an assessment is made as to the integrity of digital evidence by examining the
digital forensics procedures and tools used to obtain the evidence, the competence and
qualifications of the digital forensics experts who acquired, preserved, and analysed the digital
evidence (the competence and qualifications of experts varies by country, see
Cybercrime Module 5 on Cybercrime Investigations), and the digital forensics laboratories where
the evidence was handled and examined (US National Institute of Justice; 2004a; Maras, 2014).
Basically, this evaluation seeks to determine whether scientific principles were used to preserve,
acquire, and analyse digital evidence, and standards were met to handle and examine digital
evidence (e.g., whether digital forensics tools were validated, up-to-date, properly maintained,
and tested before their use, to ensure their proper functioning).31

Digital forensics experts provide testimony in court to explain their qualifications; how digital
devices, online platforms and other ICT-related sources work; the digital forensics process; why
a specific digital forensics tool was used and not others; how digital evidence was preserved
acquired, and analysed; the interpretation and findings of the analyses performed, and the
accuracy of these interpretations; and any alterations that may have occurred to the data and why
these alterations occurred (US National Institute of Justice; 2004a; Maras, 2014).

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The qualifications of digital forensics experts are also examined to establish the competency of
the individuals handling and analysing digital evidence. This competency is essential to ensure
work product quality and confidence in produced results ( SWGDE Overview of the
Accreditation Process for Digital and Multimedia Forensic Labs , 2017). Nevertheless, there are
no universal competency standards for digital forensics experts. The qualifications of digital
forensics experts vary by country (UNODC, 2013). The certification of digital forensics experts
may or may not be required; this depends on the jurisdiction (UNODC, 2013). This phase,
therefore, evaluates whether experts have the necessary qualifications to serve as an expert
witness and/or to perform the required examinations of ICT and ICT-related data. What is also
determined is whether the competency of these experts and analysts were verified and tested.

The standards and protocols of the digital forensics laboratory are also examined to determine
the competency of the laboratory in the handling and analysis of digital evidence and the
production of reliable results. What is particularly examined is whether "a laboratory is using
reliable methods, appropriate equipment and software, competent personnel, and drawing
reasonable conclusions" (SWGDE Overview of the Accreditation Process for Digital and
Multimedia Forensic Labs, 2017, p. 4). Accreditation assists in this endeavour "by provid[ing] a
means to improve quality, assess performance, provide independent review, meet established
standards, and serve to ensure the promotion, encouragement, and maintenance of the highest
standards of forensic practice" (Barbara, 2012). Although the ISO/IEC 17025 "endeavours to
standardize laboratories worldwide in terms of testing, quality control, [and] calibration," its
support by the digital forensics community is mixed (Merriott, 2018). Furthermore, while
accreditation provides the necessary oversight and accountability mechanisms to ensure that
standards for forensic practice are met ( SWGDE Myths and Facts about Accreditation for
Digital and Multimedia Evidence Labs , 2017), it is not universally practiced. In the United
States, for example, accreditation is required by some but not all states (Barbara, 2012). In the
United Kingdom, the Forensic Science Regulator accredits the organisations involved in digital
forensics (Forensic Access, 2017), while in South Africa, the designated national agency for
accreditation is the South African National Accreditation System (SANAS, 2016 ; see Act No.
19 of 2006; i.e., the Accreditation for Conformity Assessment, Calibration and Good Laboratory
Practice Act of 2006).
 Digital Evidence Determination

In this phase, the authenticity, integrity, and reliability of digital evidence is assessed based on
the outcomes of the assessment of the digital forensics process conducted in the previous phase
(i.e., the digital evidence consideration phase), such as the use of forensically sound methods and
tools to obtain digital evidence and the testimony of expert witnesses and digital forensics
analysts to corroborate the authenticity, integrity, and reliability of this evidence (Antwi-
Boasiako and Venter, 2017; US National Institute of Justice, 2004a). Digital evidence is
admissible if it establishes a fact of matter asserted in the case, it remained unaltered during the
digital forensics process, and the results of the examination are valid, reliable, and peer reviewed
(Brezinski and Killalea, 2002; US National Institute of Justice, 2004a; European Network of
Forensic Science Institute, 2015). To be admissible, the findings should be interpreted in an
unbiased manner, and errors and uncertainties in the findings, as well as limitations in the
interpretations of results, should be disclosed (Brezinski and Killalea, 2002; European Network
of Forensic Science Institute, 2015).

Ultimately, this three-phase model consolidates common legal and technical requirements for
evidence admissibility across jurisdictions (Antwi-Boasiako and Venter, 2017). The
standardization of digital forensics practices is key to ensuring the admissibility of digital
evidence across jurisdictions. Given the transnational nature of cybercrime, the harmonization of
digital forensics practices is not only of paramount importance to the investigation of
cybercrime, but is also essential to international cooperation on cybercrime matters (discussed in
Cybercrime Module 7 on International Cooperation against Cybercrime).

The BTK Serial Killer Case32

Dennis Rader, the BTK (Bind, Torture, Kill) serial killer, was apprehended due to a critical error
in his digital communication. Rader sent a floppy disk to the police, and a cyber forensics
expert was able to extract metadata that led to his capture. His arrest marked a significant success
for cyber forensics.

The Silk Road Dark Web Marketplace Case

32
https://www.salvationdata.com/knowledge/cyber-forensics/
The notorious online black market Silk Road was shut down with the help of cyber forensics
firms and government enforcement. The founder, Ross Ulbricht, was apprehended after a
thorough investigation into Bitcoin transactions and the use of digital forensics technologies.

The Colonial Pipeline Ransomware Attack Case

When trying to figure out what happened with the Colonial Pipeline ransomware assault, cyber
security forensics was an essential tool. Investigators tracked the cryptocurrency payment and
compared it to the malware’s digital fingerprints, determining that the attack originated from the
DarkSide hacker gang.

Online Financial Crimes

Several types of online financial crimes have been solved with the use of cyber forensics.
Complex methods are used to track down the perpetrators of identity theft, uncover the origins of
phishing attacks, and uncover the whereabouts of illicit financial transactions. Criminals can be
apprehended and stolen money can be recovered more quickly with the use of real-time
surveillance and analysis.

Cyber Espionage

Governments and large corporations often face the threat of cyber espionage. Cyber security
digital forensics experts work to uncover these complex schemes. Through the meticulous
examination of digital evidence, they uncover the sources of attacks, the methods used, and
potential countermeasures to prevent future breaches.

These incidents highlight the importance of cyber forensics in dealing with the wide range of
modern digital threats. When it comes to maintaining security and enforcing the law in today’s
interconnected world, cyber forensics’ incorporation into the criminal justice system is crucial.

Techniques and Tools Used in Cyber Forensics

There are many different methods and tools used in cyber forensics, making it a complex and
subtle topic. These approaches are always being refined to accommodate new developments in
technology. The following is an analysis of several fundamental methods and resources:
Techniques

 File Carving: This technique digs deep into a system to extract and analyze data, even if
the file structure is damaged or deleted. It’s like piecing together a puzzle from scattered
fragments.

 Chain of Custody: Ensuring the integrity of evidence is paramount. Chain of Custody

meticulously tracks the handling and possession of evidence, guaranteeing its authenticity
and credibility in court.

 Data Recovery: When crucial data seems lost or deleted, data recovery techniques come
into play. They retrieve vital information, making it accessible for analysis.

 Hash Calculation: A digital fingerprint of a file, hash calculations are vital in verifying
the integrity of data. Any change, however small, alters the hash, revealing potential
tampering.

 Timeline Analysis: By creating a chronological sequence of events, timeline analysis

offers a clear view of actions and alterations, helping investigators reconstruct events.

 Steganography Detection: The art of hiding information within other files,

steganography, requires special techniques to detect. Uncovering such concealed data can
unravel hidden secrets.

Tools

 SIFT (SANS Investigative Forensic Toolkit): A go-to tool for many cyber forensics
experts, SIFT provides an array of features for examining digital systems.

 ProDiscover Forensic: This forensics tool excels in disk imaging and analysis, turning
raw data into insightful information.

 Volatility Framework: Memory analysis becomes seamless with this tool, helping in
understanding what transpired within a system’s RAM.

 Sleuth Kit (+Autopsy): It’s all about file system analysis with this tool, allowing experts
to navigate and explore file structures.
  SPF Pro: An all-in-one mobile forensic tool developed by SalvationDATA that’s
versatile in data extracting, recovering, analyzing, and report exporting from mobile
devices.

 VIP 2.0: This sophisticated video evidence capturer by SalvationDATA is a powerhouse

in recovering deleted or fragmented videos, integrating retrieval, recovery, analysis, and
reporting.

 Xplico: Network forensics is Xplico’s domain, enabling the dissection of network traffic
to understand underlying activities.

 X-Ways Forensics: A comprehensive toolkit, X-Ways Forensics is adept at disk cloning,

viewing, and analysis.

Benefits of Cyber Forensics

Cyber forensics has evolved from a niche field to an absolute requirement in today’s
interconnected world. Its usefulness and significance are expanding as more and more people
discover the many ways in which it improves their lives. Some of these benefits are discussed
below.

1. Criminal Investigations: By unveiling hidden digital trails, cyber forensics serves as a

potent tool in solving crimes, from fraud to terrorism. It turns obscure data into tangible
evidence that can stand in court.

2. Corporate Security: In the business world, cyber forensics shields vital information.
Whether it’s safeguarding intellectual property or protecting financial data, this discipline
keeps corporate secrets safe.

3. Data Recovery: Unexpected data loss can spell disaster. Cyber forensics comes to the
rescue with robust recovery methods, retrieving lost information and saving both time
and resources.

4. Legal Compliance: Ensuring compliance with laws and regulations is a complex task.
Cyber forensics helps organizations adhere to legal requirements, maintaining integrity
and transparency.
 5. Educational and Awareness: What is cyber forensics is not just a field of study but an
area for awareness. By educating society about digital safety, it promotes responsible
digital behavior.

6. Disaster Response: When cyber calamities strike, be it a hack or a failure, cyber

forensics acts swiftly. Its tools and techniques restore systems and recover data,
mitigating the damage.

7. Consumer Protection: Online fraud and identity theft are rampant. Cyber forensics
empowers law enforcement to track down perpetrators, thereby protecting consumers and
restoring trust in online transactions.

8. Enhanced Collaboration: By bridging the gap between traditional investigative methods

and digital technology, cyber forensics enhances collaboration among various agencies,
leading to more effective solutions.

9. International Scope: In a globalized world, crimes often transcend borders. Cyber

forensics operates beyond geographical limitations, engaging in cross-border
collaborations to tackle international offenses.

10. Innovation and Research: Continuous evolution in the field leads to innovative
solutions. Research and development in cyber forensics ensure that it stays ahead of the
curve, confronting new challenges with cutting-edge approaches.

11. Personal Security: Beyond corporations and governments, cyber forensics ensures
personal digital safety. It’s a guardian of personal privacy, making the digital space safer
for individuals.

Cyber forensics benefits can be felt by people of many walks of life. It’s not only a technical
area; it’s a multidimensional study of how modern society works. It has far-reaching
consequences, creating a buffer zone in cyberspace and making the internet a place of promise
rather than danger. It exemplifies the capacity of humanity to harness the power of technology
for the common good.
Ethical Considerations

Seeking digital justice through cyber forensics is a complex dance involving a number of
competing interests. Despite its unquestionable usefulness, it raises a number of ethical questions
that must be given serious consideration.

1. Privacy Concerns: The same methods that help cyber forensics experts solve cases also
pose a threat to individuals’ right to privacy. Adhering to legal requirements is essential
when striking a balance between investigative demands and individual privacy.

2. Consent and Authorization: Investigative procedures must adhere to consent and proper
authorization. Unauthorized access, even in the pursuit of justice, can lead to ethical
breaches.

3. Transparency and Accountability: How and when cyber forensics tools and techniques
are employed must be transparent. Accountability in procedures ensures that powers are
not misused or overstepped.

4. International Jurisdiction: Cyber forensics often crosses borders, leading to clashes in

legal and ethical norms. Harmonizing different legal systems and cultural values is
essential to maintain ethical integrity.

5. Integrity of Evidence: Ensuring that evidence is obtained, handled, and preserved

ethically is vital. Any lapse in this chain can compromise not just a case but the
credibility of cyber forensics itself.
 CHAPTER-VII

FUTURE DIRECTIONS AND RECOMMENDATIONS

Rise of digital forensics

The rapid development of technology and the use of digital devices such as mobile phones,
computers and tablets, which have become an indispensable part of modern society, have
resulted in a significant transition from the creation of physical to digital data.

In conjunction with the proliferation of technology, there is a tendency to use information

derived from digital devices for criminal activities (eg, cybercrimes like hacking, malware and
internet fraud, but also traditional crimes such as homicide, drug trafficking and terrorism).

Consequently, the role of digital forensics in fighting crime is becoming ever more important and
it is critical for law firms and courts to develop a well-thought-out strategy for such
investigations. In Penderhill, the Supreme Court clarified that the courts must be appropriately
responsive to the technical changes that are taking place.33

Digital forensics follows a similar process to crime scene forensics when collecting evidence for
a potential trial. The digital forensics process involves collecting, analysing and reporting on
digital data in a way that is legally admissible. Digital evidence can also be used to prove
whether a person has been involved in crimes that are unrelated to technology, such as murder or
larceny.

The main repositories of digital evidence are computers, storage devices, telephones, networks,
cloud servers and emails. However, as the Internet of Things develops, many other devices will
provide digital evidence.

This article aims to demystify this subject and define high-level criteria that can be used to
identify the needs and admissibility of digital evidence in court.

33
Penderhill Holding Limited ao v Ioannis Kloukinas, Civil Appeals 319/11 and 320/11, 13 January 2014.
Principles of digital evidence

Several best practices and guidelines developed by the Scientific Working Group on Digital
Evidence, the UK Association of Chief Police Officers and the US National Institute of Justice
have been developed to assist investigators in the collection and handling of digital evidence
during forensic analysis. Evidence acquisition should always be performed to ensure that it will
be admissible in legal proceedings. The key criteria for handling such evidence are as follows:

 Under no circumstances should evidence be altered. No action should alter data held on a
computer, storage media or network which may subsequently be relied on in court.
Changes on a computer may occur by merely turning it on or moving the mouse.

 Where a person finds it necessary to access original data held on a computer or storage
medium, they must be competent to do so and be able to give evidence to explain the
actions taken. This principle applies even though an investigation may be time critical
and evidence must be examined immediately.

 An audit trail or record of all processes applied to computer-based electronic evidence

should be created and preserved. A third party should be able to repeat these processes
and replicate the results.

 The person in charge of the investigation has the overall responsibility for ensuring that
the law and the above principles are adhered to.

Digital evidence handling

The following best practices should be followed with regard to digital evidence handling:

 Auditability – investigators should document all actions taken (Principle 3) to enable an

independent assessor acting on behalf of an interested party to evaluate said actions.

 Justifiability – investigators should be able to justify all actions and methods used in
handling digital evidence and demonstrate that the method chosen to obtain the potential
evidence was the best choice by successfully reproducing or validating the actions and
methods used.
  Repeatability – it should be possible for an independent assessor or the authorised
interested parties to repeat or reproduce the tasks performed.

 Reproducibility – it may be necessary to obtain the same results in a different testing

environment.

Admissibility of evidence

Evidence is legally admissible when it:

 is offered to prove the facts of a case; and

 does not violate the Constitution or other legal statutes.34

The golden rule of admissibility is that all evidence which could be relevant is admissible and
evidence that is irrelevant is inadmissible.35 Therefore, the courts must determine whether digital
evidence could be relevant to the disputed facts of the case and whether it is suitable and safe to
be admitted in proceedings. In practice, admissibility is a set of legal tests carried out by a judge
to assess an item of evidence according to the following criteria:

 Relevance and reliability – digital evidence should be examined for traces of tampering,
deletion or other changes. The system that gave the relevant results must function
properly and produce accurate results. In this respect, a recent Supreme Court decision
upheld a first-instance judgment ordering the appointment of an IT expert who could
obtain information from the server of a third party which was essential for the case.36

 Illegally obtained evidence – in principle, evidence obtained in violation of the

Constitution is inadmissible. As a result, some forms of digital evidence, such as IP
addresses, may not be accepted by the courts, as the IP address of a user is closely
connected with their privacy, a human right that is protected under the
Constitution.37 However, pursuant to Law 183(I)/07, evidence concerning the privacy of a
person may be given to the police for investigation purposes. The ability to obtain such

34
Takis Iliadis and Nicolas Santis, Evidence Law (2nd ed, Hippasus Publishing, 2016) p 66.
35
Steven Powles, Lydia Waine, Radmila May, May on Criminal Evidence (6th ed, Sweet & Maxwell, 2015).
36
Metaquotes Software Ltd ao v Dababou, Civil Appeal E324//2016, 14 November 2018.
37
Demetris Shiamishis v The Police, [2011] 2 CLR 308.
 evidence is limited to cases where the police are investigating felonies and a court order
has been issued for that purpose.38

 Assessing authenticity of evidence – the courts must be satisfied that evidence was
acquired from a specific system or location and a complete and accurate copy of digital
evidence is needed. Further, evidence must remain unchanged from when it was
collected. This can be achieved by hashing the digital evidence (Md5, SHA). If the
hashed code is the same, it proves that the digital evidence has not been tampered with.

 Documents to demonstrate and support the authenticity of the evidence – a chain of

custody to record the transfer of the evidence, integrity documentation to compare the
digital fingerprint of the evidence, taken at the time of collection and the fingerprint in its
current state are required.

 Best evidence – the best available evidence should be provided to the court. Courts
generally accept identical duplicates, especially in cases where it is adequately proved
that the original evidence has been lost or destroyed, 39 unless a question is raised about
the authenticity of the original and the accuracy of the copy.

 Search warrants – evidence may not be admitted in court if it has been obtained without
authorisation.

 Scientific evidence and process – the admissibility of digital evidence and the tools,
methods and techniques used in the investigation can be challenged in court.

The digital age has undoubtedly revolutionized the life and work of many. On the flip side, the
alarming rise in cybercrimes has become a major concern for cyber specialists as the continuous
changes in the digital world attract more cybercrime. And experts use Digital Forensics to check
this crime. Digital Forensics is the procedure of investigating computer crimes in the cyber
world. The forensics process involves collecting, preserving, analyzing, and presenting evidence
from digital sources.

38
Retention of Telecommunication Data for the Purpose of the Investigation of Serious Crimes Law (L 183(I)/2007).
39
Gold Seal Shipping Company Ltd v Standard Fruit Company (Bermuda) Limited, [2000] 1(C) CLR 1552.
Digital forensics experts have devised scientifically proven methods for identifying, collecting,
preserving, validating, analyzing, interpreting, and presenting digital evidence derived from
digital sources to facilitate the reconstruction of events that led to a breach.

Let’s discuss the major challenges of the digital world:

Technical Challenges: Encryption, data hiding in the storage space, covert channels are the
major technical challenges today. Digital forensics experts use forensic tools for collecting
shreds of evidence against criminals. And criminals themselves use such tools for hiding,
altering, or removing the traces of their crime; this process is known as anti-forensic techniques.
Another common challenge is operating in the cloud, time to archive the data, skill gap, and
steganography.

Legal Challenges: There is an absence of guidelines and standards, and limitations of the Indian
Evidence Act 1872. For instance, consider the case of dealing with the admissibility of an
intercepted telephone call in a CDR (call data record). This was done without a certificate under
Section 65B of the Indian Evidence Act, 1872. The court observed that the secondary electronic
evidence without a certificate under Section 65B of the Indian Evidence Act, 1872 is not
admissible and cannot be investigated by the court for any purpose whatsoever.

In most cases, the cyber police force lacks the necessary information that qualifies, and the
ability to identify the possible source of evidence is unavailable. Often, the electronic evidence
challenges the court due to its integrity, where the absence of proper guidelines and the non-
availability of appropriate explanations of the details and acquisition gets dismissed.

Other common challenges are:

 Privacy issues

 Admissibility in the courts

 The preservation of electronic digital evidence

 Analyzing a running computer

Resource Challenges: Change in technology, volume and replication can be found in the
resources area (Indian Evidence Act 1872). Due to rapid changes in the technology, operating
system, and application software and hardware, reading digital evidence from an older version to
support a newer version is a growing challenge. The confidentiality, integrity, and availability of
e-documents are easily manipulated. In this, the WAN and the internet support a vast hand,
which can share the data beyond physical boundaries, and creates the difficulty of understanding
the origin of the data.
 CHAPTER-VIII

IMPORTANCE OF ADDRESSING CHALLENGES AND LEGAL

IMPLICATIONS

In the realm of technological advancement, one of the most intriguing and rapidly evolving fields
is the integration of Artificial Intelligence (AI) into various aspects of society. As AI systems
become increasingly sophisticated, they are finding applications in diverse sectors, including
healthcare, finance, transportation, and entertainment. However, as AI technology continues to
permeate different spheres of human activity, it brings with it a host of legal implications and
challenges that demand careful consideration and regulation. It is essential to delve into the
complex relationship between law and AI, exploring the legal frameworks, ethical concerns, and
emerging issues in this dynamic landscape.

In an age defined by rapid technological advancement, the integration of artificial intelligence

(AI) into various facets of society is becoming increasingly prevalent. Among the many domains
impacted by AI, the field of law stands out as both profoundly influenced by its capabilities and
uniquely positioned to shape its development. As AI continues to evolve, it presents a myriad of
challenges and opportunities for legal systems around the world.

Artificial Intelligence (AI) has swiftly become a transformative force across various sectors,
revolutionizing industries ranging from healthcare to finance. However, perhaps nowhere is its
impact more profound and multifaceted than in the realm of law. As AI technologies continue to
evolve, they present both unprecedented opportunities and complex challenges for the legal
profession and society at large. In this article, we delve into the intersection of law and AI,
exploring the implications, debates, and future directions in this dynamic field.40

AI Legal Frameworks

The adoption of AI in law has been steadily increasing, driven by the need for efficiency,
accuracy, and cost-effectiveness. Legal professionals are leveraging AI-powered tools for a
myriad of tasks, including contract review, legal research, predictive analytics, and document
40
https://www.livelaw.in/lawschool/articles/law-and-ai-ai-powered-tools-general-data-protection-regulation-
250673
automation. These technologies promise to streamline workflows, enhance decision-making, and
deliver greater access to justice.

The integration of AI technologies poses significant challenges to existing legal frameworks.

Traditional laws often struggle to keep pace with the rapid advancements in AI, leading to
ambiguity and uncertainty regarding liability, accountability, and ethical standards.
Consequently, policymakers around the world are grappling with the task of formulating
comprehensive regulations to govern the use of AI.

Several countries have taken steps to address these challenges by enacting specific legislation or
guidelines tailored to AI. For instance, the European Union's General Data Protection Regulation
(GDPR) includes provisions related to automated decision-making and profiling, aiming to
safeguard individuals' rights in the age of AI. Similarly, countries like the United States and
Canada are exploring regulatory frameworks to address concerns related to AI bias,
transparency, and accountability.

As AI technology evolves, new legal challenges continue to emerge, testing the boundaries of
existing legal frameworks. One such issue is the attribution of liability in cases involving AI-
generated outcomes. Who is responsible when an autonomous vehicle is involved in an accident?
Should it be the manufacturer, the programmer, or the user? Resolving these questions requires a
nuanced understanding of causality, intentionality, and the notion of agency in AI systems.

Another emerging legal issue relates to intellectual property rights and AI-generated content. As
AI algorithms generate creative works such as artworks, music, and literature, questions arise
regarding copyright ownership and authorship. Current copyright laws predominantly attribute
authorship to human creators, raising uncertainty about the status of AI-generated works and the
rights associated with them.

The rapid evolution of AI technology has outpaced the development of comprehensive

regulatory frameworks, leaving policymakers grappling with how to effectively govern its use in
the legal domain. Issues such as data privacy, intellectual property rights, and liability for AI-
generated errors pose significant legal challenges.
Additionally, the intersection of AI and traditional legal concepts, such as liability and
accountability, gives rise to novel legal questions. Who bears responsibility when an AI system
makes a mistake in a legal context? How can we establish clear standards for the ethical design
and deployment of AI in law? These questions underscore the need for proactive regulatory
measures and interdisciplinary collaboration between legal experts, technologists, and ethicists.

Despite the complexities and uncertainties surrounding the integration of AI into the legal
profession, the future holds immense promise. AI has the potential to democratize access to legal
services, bridge the gap between legal expertise and the general public, and enhance the
efficiency and effectiveness of legal processes.

However, realizing this potential requires a concerted effort to address the ethical, regulatory,
and societal implications of AI in law. Stakeholders must work collaboratively to develop robust
frameworks for the responsible and ethical use of AI, ensuring that it serves the interests of
justice and upholds the rule of law.

Challenges

Beyond legal compliance, the ethical dimensions of AI present profound implications for society.
As AI systems become increasingly autonomous and capable of making decisions that impact
individuals' lives, questions of fairness, transparency, and bias come to the forefront. For
example, AI algorithms used in recruitment processes or loan approvals may inadvertently
perpetuate systemic biases present in historical data, leading to discriminatory outcomes.

Addressing these ethical concerns requires a multifaceted approach that involves stakeholders
from various disciplines, including law, ethics, computer science, and sociology. Ethical
guidelines such as the IEEE Ethically Aligned Design and the Asilomar AI Principles provide
valuable frameworks for developers, policymakers, and organizations to navigate the ethical
complexities of AI deployment responsibly.

However, the integration of AI into the legal domain is not without its challenges and ethical
considerations. One primary concern is the potential for bias in AI algorithms, which can
perpetuate or exacerbate existing disparities within the legal system. If AI systems are trained on
biased datasets or programmed with flawed algorithms, they may inadvertently discriminate
against certain groups, leading to unjust outcomes.

The opacity of many AI algorithms poses a significant challenge to transparency and

accountability in the legal process. Unlike human decision-making, where reasoning and
rationale can be articulated, AI algorithms often operate as "black boxes," making it difficult to
understand how they arrive at particular conclusions. This lack of transparency raises concerns
about due process and the ability to challenge or appeal decisions made by AI systems.

Additionally, the rapid pace of technological advancement in AI presents challenges for legal
frameworks and regulations, which may struggle to keep pace with evolving technology.
Questions surrounding liability, accountability, and data privacy in the context of AI-generated
decisions remain largely unresolved, requiring lawmakers and legal scholars to grapple with
complex issues at the intersection of law and technology.

Despite its potential benefits, the integration of AI into the legal landscape raises significant
challenges and ethical considerations. One pressing concern is the potential for bias in AI
algorithms, which can perpetuate and amplify existing disparities in the legal system. Biased
algorithms may lead to unjust outcomes, exacerbating issues related to race, gender, and
socioeconomic status. Ensuring fairness and accountability in AI-powered decision-making
remains a paramount concern for legal practitioners and policymakers.

The ethical implications of AI-generated legal advice and judgments are complex and
multifaceted. Questions surrounding transparency, accountability, and the delegation of decision-
making authority to machines require careful examination. As AI systems become increasingly
autonomous, concerns about the erosion of human judgment and the loss of legal expertise come
to the forefront.

Despite the potential benefits, the adoption of AI in law is not without challenges. One of the
primary concerns is the lack of transparency and interpretability in AI algorithms. Legal
decisions often have far-reaching consequences, and reliance on opaque algorithms raises
questions about accountability and due process.
Additionally, there are concerns about bias in AI systems. These biases can inadvertently
perpetuate existing inequalities within the legal system, such as racial or gender disparities.
Addressing bias in AI requires careful attention to data selection, algorithm design, and ongoing
monitoring to mitigate unintended consequences.

Another challenge is the impact of AI on the legal profession itself. Some fear that AI will lead
to job displacement among legal professionals, particularly in tasks traditionally performed by
junior associates, such as document review. However, proponents argue that AI can augment
rather than replace human expertise, allowing legal professionals to focus on higher-value work
that requires complex reasoning and strategic thinking.

The ethical implications of AI in law are complex and multifaceted. Legal ethics codes
emphasize principles such as competence, confidentiality, and zealous advocacy, which must be
upheld in the context of AI use. Legal practitioners have a responsibility to ensure that AI
systems are used ethically and in compliance with legal and professional standards.

The use of AI raises broader ethical questions about privacy, autonomy, and fairness. For
example, the collection and analysis of vast amounts of personal data for AI-driven decision-
making may raise concerns about individual privacy rights. Ensuring transparency and
accountability in AI systems is essential to maintain public trust and confidence in the legal
system.

The integration of AI into society holds immense promise for innovation and progress. However,
realizing its full potential requires a careful balancing of technological advancement with legal
and ethical considerations. By developing robust regulatory frameworks, fostering
interdisciplinary collaboration, and promoting responsible AI development, we can navigate the
complex intersection of law and AI while maximizing the benefits and minimizing the risks for
society as a whole. As we continue to chart the course of technological evolution, addressing the
legal challenges and ethical dilemmas inherent in AI remains essential for shaping a future that is
both innovative and equitable.

As artificial intelligence continues to reshape the practice of law, legal systems must adapt to
these technological advancements while also safeguarding fundamental principles of justice and
fairness. By addressing challenges such as bias, transparency, and accountability, and embracing
opportunities for collaboration and education, the legal profession can harness the transformative
potential of AI to enhance access to justice, improve legal outcomes, and uphold the rule of law
in the digital age.

The intersection of law and artificial intelligence represents a pivotal frontier in the ongoing
evolution of the legal profession. While AI holds the promise of transformative change, it also
presents complex challenges that demand thoughtful consideration and proactive intervention.
By navigating these challenges with foresight and integrity, we can harness the power of AI to
build a more just, equitable, and accessible legal system for all.
 CHAPTER-IX

SUGGESTIONS AND CONCLUSION

Automated Firearm Identification

The Integrated Ballistic Identification System (IBIS) offered by Forensic Technology is a

cutting-edge solution for firearm and tool mark identification. This advanced system facilitates
the sharing, comparison, and automated identification of significant quantities of exhibit
information and images across a network of imaging sites. The latest generation of IBIS
technology boasts exceptional 3D imaging, advanced comparison algorithms, and a robust
infrastructure. It’s designed to meet the needs of police and military organizations, providing
actionable information derived from firearms and their fired ammunition components.

Blood Pattern Analysis Software

Bloodstain pattern analysis (BPA) software is an emerging technology in forensic science that
seeks to reconstruct crime scenes by analyzing blood and bloodstains. This computer-based
software can estimate the Area(s) of Origin (AO) of a bloodletting event, providing crucial
insights into the sequence of events at a crime scene. However, according to a study published in
“Forensic Science International,” only two validation studies have involved impact patterns
created more than 1 meter from the main target surface. Furthermore, using BPA software in
actual criminal cases is not well documented. Thus, while promising, this technology requires
further research and validation to ensure it meets the rigorous standards required for court
admissibility.

Mass Spectrometry Techniques

The paper published in the Journal of Analytical Methods in Chemistry presents an advanced
technique for identifying and quantifying synthetic cannabinoids using liquid chromatography-
tandem mass spectrometry (LC-MS/MS). This technology, which contributes to forensic
toxicology, offers high selectivity and sensitivity, making it an invaluable tool for analyzing
complex biological samples. Synthetic cannabinoids, often referred to as ‘Spice’ or ‘K2’, are a
significant challenge in drug abuse due to their structural diversity and continually changing
compositions. The LC-MS/MS method developed can simultaneously identify and quantify 24
synthetic cannabinoids in urine, making it a potent tool in testing for the presence of cannabis in
humans.

Sensitive Detection Methods

Sensitive detection in the field of medicine and dentistry refers to the use of advanced
technologies to detect minute amounts of specific substances or changes in the body. This is
crucial for early diagnosis, monitoring disease progression, and assessing the effectiveness of
treatment. Techniques like mass spectrometry, fluorescence detection, and molecular imaging
are commonly utilized for sensitive detection. For instance, mass spectrometry has become an
invaluable tool in clinical laboratories due to its high sensitivity and specificity for identifying
biomarkers and drugs. Similarly, fluorescence detection methods are widely used in biological
research and medical diagnostics for their high sensitivity and non-invasive nature.

Omics Techniques

The use of omics techniques in forensic entomology, as discussed in an article published in

“Forensic Science International”, represents a significant advancement in the field. These
techniques, which include genomics, transcriptomics, proteomics, metabolomics, and
microbiome analysis, allow for a comprehensive and systematic study of biological samples. In
the context of forensic entomology, they are used for species identification, phylogenetics, and
screening for developmentally relevant genes, among other applications. They also play a crucial
role in interpreting the behavioral characteristics of species related to forensics at the genetic
level.

Carbon Dot Powders

Fingerprints are essential for analyzing many crime scenes. However, there are many reasons
why it may be hard to see one clearly, including low sensitivity, low contrast, or high toxicity.

Researchers have developed a fluorescent carbon dot powder that can be applied to fingerprints,
making them fluorescent under UV light and subsequently much easier to analyze. With this new
application, fingerprints will glow red, yellow, or orange.
Artificial Intelligence

While artificial intelligence (AI) has been used in many other fields for decades, it is relatively
new to forensic science. This is primarily because all evidence and the analysis must stand up in
court. However, recent advancements have seen AI utilized successfully in all forensic
components of a criminal case. While AI is most often used in digital forensics, it is increasingly
used to analyze a crime scene, compare fingerprint data, draw conclusions from photograph
comparisons, and more.

Nanotechnology

Atomic and molecular technology are finding their way into forensic science. Analyzing forensic
materials at this minute level can offer scientists insights that previously weren’t accessible.

Nanosensors are being utilized to examine the presence of illegal drugs, explosive materials, and
biological agents on the molecular level. Specific advancements this past year have included
scientists’ ability to analyze the presence of carbon and polymer-based nanomaterials to make
their determinations and aid investigators.

Proteomes

Forensic scientists have traditionally relied heavily on DNA to determine a suspect or victim.
However, advances in detecting and identifying proteins have made proteomes an essential
forensic science tool. Proteomes are a complete set of proteins produced by an organism.

Scientists can find proteomes in blood, bones, and other biological materials and analyze them to
find answers, such as if a victim came in contact with an otherwise undetectable venom or
matching a severely degraded body fluid sample to a perpetrator. One aspect of proteomes that
differs from DNA is that they change over time, offering scientists valuable insights into a
victim’s age or other environmental factors at the time of death that are impossible to detect
through other methods.

Foldscope

The Foldscope is a small, disposable, inexpensive paper microscope that has been around since
2014. However, just recently, it has found its way from third-world country applications into the
world of forensic science. Due to its portability and low cost, the Foldscope can be used in the
field to make on-the-spot determinations about forensic samples, including blood, hair, and soil.

While the conclusions drawn with Foldscope are only preliminary, they can aid law enforcement
early on in an investigation and speed up the discovery process. Using a Foldscope in the field
can also lighten the load for forensic laboratories, which are often backlogged and can take
significant time to deliver results.

DNA Phenotyping

While DNA gathered from a crime scene can be matched to a suspect by comparing samples,
DNA can also be used to determine what a suspect physically looks like. DNA has 23
chromosomes that code outward appearance. Forensic scientists can sequence a DNA sample
and provide investigators with identifying traits of the suspect, including hair, eye, and skin
color. Newer techniques can also predict age and biological background.

Biosensors for Fingerprint Analysis

Like DNA, fingerprints found at a crime scene can be matched to a suspect by comparing them.
However, fingerprints aren’t always clear or readable. Forensic scientists can now use biosensors
to analyze the minute traces of bodily fluids found in fingerprints to identify the suspect. Data
that can be detected include age, medications, gender, and lifestyle. Biosensors can also be used
on other bodily fluids found at a crime scene.

Immunochromatography

Immunochromatography is a method to test for diseases by dropping a small sample onto a

prepared test strip. Results are relatively quick, and common tests that use this technique include
Covid, HIV, and even pregnancy tests. In forensics, immunochromatography tests detect
substances in subjects’ bodily fluids, such as drugs and medications.

A smartphone-based sensor has even been developed to evaluate a saliva sample through
immunochromatography without needing to be in a lab.

Geolocating a Suspect or Victim using Stable Isotopes of Water

Isotopes vary from atom to atom and can have a unique signature. Recent forensic developments
have found that scientists can determine where the sample could have originated by isolating the
isotopes in a water sample found on a suspect or victim.

If there are several samples, the isotopes can recreate the path the subject took. Isotope detection
through other methods can also be used to determine the number of people present.

Forensic Palynology

Forensic palynology is a relatively new area for forensic scientists. Palynology is the study of
pollen, spores, grains, and seeds and can be used in forensics to identify a subject’s location.
Pollen and spores are minute and can be deposited on skin and clothes largely undetected.
Scientists have now developed techniques to gather and compare these trace materials and use
them as evidence.

Blockchain-Based Solutions Cloud Forensics

Over 50 percent of personal and corporate data is now stored in the cloud, on remote servers. As
a result, digital forensic scientists have had to develop methods for collecting, analyzing, and
evaluating data collected from the cloud.

Managing this data presents several security and privacy issues. To help protect the integrity of
the data’s integrity and maintain a custody chain, digital forensic scientists have begun to use
blockchain technology, as it is virtually impossible to tamper with.

Digital Vehicle Forensics

Vehicle forensics has typically been where investigators gather physical evidence, including
fingerprints, fluid samples, and trace materials like dirt. Also, they can physically examine the
car to determine how an accident, crash, or terrorist attack occurred.

However, as vehicles have become more technologically sophisticated, it has opened the field of
digital vehicle forensics, where scientists and investigators can gather data such as recent
destinations, typical routes, personal data, and favorite locations.

Social Network Forensics

Over 3.6 billion people are on social networks, which is projected to increase to 4.5 by 2025.
When social media emerged, investigators and forensic scientists didn’t have as much data to
comb through. Now, the social media data for a particular subject can be daunting.

To help evaluate this data, scientists have recently developed models for analyzing the
information gleaned from social networks. For automated data analysis to be accepted in court, it
has to be based on models that are reproducible, explainable, and testable.

3D Technology to Determine Physical Fit

Forensic scientists often receive physical evidence that needs to be pieced back together. This is
called physical fit and is a well-recognized method of determining that two pieces are from the
same source. This evidence can be a variety of materials, and often they can be relatively fragile
such as bones.

A recent study at the University of Portsmouth used 3D imaging to map the exact dimensions of
some burnt bones and then replicated the pieces using a 3D printer. This enabled them to
determine if pieces fit together or not without having to excessively handle the fragile evidence.

Drone Forensics

As of August 2021, there were over 880,000 drones registered with the FAA in the United
States. Over 40 percent of those drones are registered for commercial use. The increased
popularity of these unmanned aerial vehicles has given criminals a new tool to smuggle drugs,
perform illegal surveillance, and attack victims. Forensic scientists are developing methods and
models for gathering and analyzing data from drones, SD cards, and cell phones.

Laser Ablation Inductively Coupled Plasma Mass Spectrometry (LA-ICP-MS)

When broken glass is involved in a crime, putting together even tiny pieces can be key to finding
important clues like the direction of bullets, the force of impact or the type of weapon used in a
crime. Through its highly sensitive isotopic recognition ability, the LA-ICP-MS machine breaks
glass samples of almost any size down to their atomic structure.
Then forensic scientists can match even the smallest shard of glass found on clothing to a glass
sample from a crime scene. A bachelor’s degree in forensic science is usually necessary to work
with this type of equipment in conjunction with forensic investigation.

Alternative Light Photography

For a forensic nurse, being able to ascertain how much physical damage a patient has suffered
quickly can be the difference between life and death. Although they have many tools at their
disposal to help make these calls quickly and accurately,

Alternative light photography is one of the coolest tools to help see the damage even before it is
visible on the skin. A camera such as the Omnichrome uses blue light and orange filters to show
bruising below the skin’s surface clearly. To use this equipment, you would need an MSN in
forensic nursing.

High-Speed Ballistics Photography

You might not think of it right away as a tool for forensic scientists, but ballistics specialists
often use high-speed cameras in order to understand how bullet holes, gunshot wounds, and glass
shatters are created.

Virtually anyone, from a crime scene investigator to a firearms examiner, can operate a high-
speed camera without any additional education or training. Identifying and matching bullet
trajectories, impact marks, and exit wounds must be done by someone with at least a bachelor’s
of science in forensic science.

Video Spectral Comparator 2000

This is one of the most valuable forensic technologies available for crime scene investigators and
forensic scientists. With this machine, scientists and investigators can look at a piece of paper
and see obscured or hidden writing, determine the quality of paper and origin and “lift” indented
writing. It is sometimes possible to complete these analyses even after a piece of paper has been
so damaged by water or fire that it looks unintelligible to the naked eye.

In order to run this equipment, at least a bachelor’s degree in forensic science or a master’s
degree in document analysis is usually required.
Digital Surveillance For Xbox (XFT Device)

Most people don’t consider a gaming system a potential place for hiding illicit data, which is
why criminals have come to use them so much. In one of the most ground-breaking forensic
technologies for digital forensic specialists, the XFT is being developed to allow authorities
visual access to hidden files on the Xbox hard drive.

The XFT is also set up to record access sessions to be replayed in real-time during court
hearings. In order to be able to access and interpret this device, a Bachelor’s Degree in Computer
Forensics is necessary.

3D Forensic Facial Reconstruction

Although this forensic technology is not considered the most reliable, it is definitely one of the
most interesting available to forensic pathologists, forensic anthropologists, and forensic
scientists. In this technique, 3D facial reconstruction software takes real-life human remains and
extrapolates a possible physical appearance. In order to run this type of program, you should
have a bachelor’s degree in forensic science, a master’s degree in forensic anthropology, or a
medical degree with an emphasis on forensic examination and pathology.

DNA Sequencer

Most people are familiar with the importance of DNA testing in the forensic science lab. Still,
most people don’t know exactly what DNA sequencers are and how they may be used. Most
forensic scientists and crime lab technicians use DNA profiling to identify criminals and victims
using trace evidence like hair or skin samples.

In cases where those samples are highly degraded, however, they often turn to the more powerful
DNA sequencer, which allows them to analyze old bones or teeth to determine the specific
ordering of a person’s DNA nucleobases, and generate a “read” or a unique DNA pattern that
can help identify that person as a possible suspect or criminal.

Forensic Carbon-14 Dating

Carbon dating has long been used to identify the age of unknown remains for anthropological
and archaeological findings. Since the amount of radiocarbon (which is calculated in carbon-14
dating) has increased and decreased to distinct levels over the past 50 years, it is now possible to
use this technique to identify forensic remains using this same tool.

The only people in the forensic science field that have ready access to carbon-14 dating
equipment are forensic scientists, usually with a master’s degree in forensic anthropology or
forensic archaeology.

Magnetic Fingerprinting and Automated Fingerprint Identification (AFIS)

With these forensic technologies, crime scene investigators, forensic scientists, and police
officers can quickly and easily compare a fingerprint at a crime scene with an extensive virtual
database. In addition, the incorporation of magnetic fingerprinting dust and no-touch wanding
allows investigators to get a perfect impression of fingerprints at a crime scene without
contamination.

While using AFIS requires only an associate degree in law enforcement, magnetic fingerprinting
usually requires a bachelor’s degree in forensic science or crime scene investigation.

Link Analysis Software for Forensic Accountants

When a forensic accountant is trying to track illicit funds through a sea of paperwork, link
analysis software is an invaluable tool to help highlight strange financial activity.

Software can now combine observations of unusual digital financial transactions, customer
profiling, and statistics to generate probabilities of illegal behavior. To accurately understand and
interpret findings with this forensic technology, a master’s degree in forensic accounting is
necessary.
 CHAPTER-X

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