Computer
forensics is simply the application of computer investigation and analysis techniques
in the interests of determining potential legal evidence. Evidence might be
sought in a wide range of computer crime or misuse, including but not limited
to theft of trade secrets, theft of or destruction of intellectual property,
and fraud. Since forensic science is the application of a scientific discipline
to the law, the essence of all forensic disciplines concerns the principles
applied to the detection, collection, preservation, and analysis of evidence to
ensure its admissibility in legal proceedings. Computer forensics refers to the
tools and techniques to recover, preserve, and examine data stored or
transmitted in binary form.
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The computer forensics specialist must approach the retrieval process in a very
detailed and methodical manner since any or all evidence discovered can then be
used or help during discovery, depositions, or actual litigation. Ryan Purita,
one of the leading computer forensic experts in private practice in Canada, and
states, “In order for results to hold up in court, the file system under investigation
must remain unaltered. If a single file has a time stamp later than the date
and time that the file system was surrendered as evidence, an opposing lawyer
can call the entire investigation into question. "You screw one little
thing up," Purita explains, "and everything else is gone" in the
case. Erin Kenneally echoes the importance of “evidence” collection and how
meticulous and calculated steps should be taken during the retrieval of such
evidence., “Whereas DNA analysis is performed on the original blood evidence, maintaining
the sanctity of original evidence is a tenet of computer forensics, and
analysis must be conducted on a copy of the original media (with a few, notable
exceptions where circumstances preclude a copy being made)“ “Regardless of
whether the discipline is computer forensics or fingerprinting, the driving question
is not whether evidence exists but, rather, can investigators uncover and
contextualize the evidence. Therefore, the challenges are: Where to look? What
techniques will make the evidence apparent? And is the evidence admissible?
Though in many
organizations, incident response team already performs some activities of
evidence collection, the need for collecting those evidence and preserving it
in a systematic proactive approach is still an open issue. In order to
investigate anti-forensics, organizations need to decide early what information
to collect and preserve in a forensically sound manner. Live (proactive) forensic investigations are
hindered by lack of definitions of live forensics and standard procedures in
live investigations. In addition, the authors suggested the automation and
activation of evidence-collection tools in live investigations. This automation
should involve minimal user intervention to improve the integrity of the
evidence. Thus, a multi-component view of the digital forensics investigation
process has been proposed. However, it is a high-level view of the
investigation and, as such, cannot directly be operationalized to create
automated tools. Additionally, the process described contains phases, such as
service restoration, that lie outside the scope of the investigation.
It would be unwise to depend upon “audit trails and internal logs”
in digital forensics investigation. In addition, note that a future digital
forensics investigation process will only be possible if future tools and
techniques make a proactive effort at evidence collection and preservation. The
quality and availability of the evidence collected in the reactive stage of the
investigation is more time consuming to investigate. Conversely, the proactive
stage collects only potential evidence, which is less time consuming to
investigate. In addition, a high-level proactive forensics system is proposed
as ideal.
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