Digital Forensics Lecture 11. Evidence, Reporting, and Action
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1 Digital Forensics Lecture 11 Evidence, Reporting, and Action
2 This Week s Presentations Certifications Risk Analysis Normal (non-it) Parents Keeping Their Children Safe and Happy Encase Sleuth Kit
3 Next Week s Presentations Cynthia Veitch: Summary of Past Two Years Cases Damen Del Curto: Testifying Tips Vince Urias: Laws - International Cynthia Veitch: Laws - Federal (EC) Lorraine Chavez: Laws - State (New Mexico) Michael Kozloski: Laws - State (California)
4 News Item Nine people in China have received prison sentences for activity related to digital piracy. Four of the people received 13-year sentences for producing and selling bootlegged material. Another individual was sentenced to two years in prison for selling pirated software and DVDs. Fines ranged from 40,000 yuan (US$5,000) to 200,000 yuan ($25,000). An unnamed Swedish man is the first person in his country to be convicted of making copyrighted songs available for sharing over the Internet. USATODAY.COM
5 Lecture Overview Legal/Policy Preparation Collection Analysis Findings/ Evidence Reporting/ Action General Guidelines Corporate Investigations Federal Investigations State and Local Investigations Personal Investigations
6 Module 1 General Guidelines
7 General DF Framework Purpose (society, economic, individual) Risk management Law (public, private, and administrative) With and without case authority Policy Implementation of policy Preparation Process Technology Resources
8 General Goals Influence law Create case authority Prosecute offenders Make injured parties whole Protect assets Maximize profits By seeking the truth and providing evidence/data Who, how, why, where, what, and when
9 General Incident Response (SANS) Preparation policy, logging, banners, training, etc. Identification were you really compromised? Containment balance operations and investigation Eradication address asset-threatvulnerability Recovery restore necessary operations Follow-up refine the above steps
10 General DF Process Acquire the evidence Don t alter or damage original Authenticate the recorded evidence Ensure identical to original Analyze the data Don t modify acquired data Recall that the rigor is based on duty
11 Module 2 Corporate Investigations
12 Corporate Profile Goal: maximize profit Primary beneficiary: shareholders Duty: follow policy Scope: corporate wide, all individuals with cyber presence, network boundary at ISP Stakeholders: corporate officials, law enforcement, judicial system Evidence handling: standard practices Primary decision mechanism: risk management
13 Risk Management Risk measurement (many measures) = f(consequence, p(attack), p(success), p(mitigation)) OR, a combination of threat, vulnerability, and cost Process of characterizing/measuring risks and mitigations Invest in mitigation if the cost of the risk outweighs the cost of the mitigation
14 General Decisions General Process What process should be adopted? Live vs. Dead What are the risks? Seizing Evidence What to seize? How to seize it? Analysis methods Reporting format
15 Broad Strategies Restore operations Allow exploit to continue and monitor/record carefully Remove affected systems from network Unplug affected systems Contact law enforcement (could limit future activities)
16 DF Principles Impossible to measure without effecting Don t rely on tools from affected system Use tested tools Stay cognizant of the overall goal Do not discuss details outside of investigation Establish and respect the ownership of information Know the established standards for
17 Best Practices Follow documented policy Maintain demonstrable objectivity Do not seek to prove, but to understand Media analysis should be performed as we did in the labs (this is the most mature) Exercise reasonable control over data no duty to exercise full chain of custody Use proven tools Avoid detailed records of conclusions
18 Testimony Ensure the technical accuracy of your evidence Thoroughly prepare your testimony with your attorney Make sure your evidence tells a logically consistent story Request a peer review from FBI (or other expert) They have much more experience Clear this with your attorney Do not discuss anything with opposing attorneys without yours present Learn as much about the opposing technical witness as possible Learn about trial procedures Be professional, polite, ask for clarification if necessary
19 Module 3 Federal Investigations
20 Federal Profile Goal: enforce the law (shape the law?) Primary beneficiary: law-abiding public Duty: follow and uphold the law Scope: private, public, and corporate based on interstate commerce provisions, U.S. Code, etc. Stakeholders: individuals, public, corporations Evidence handling: strictly defined (manuals, handbooks, standards, etc.) Primary decision mechanism:
21 Required Practices Based on mostly proven legal standards Well documented Criminal investigations are focused More contemporary investigations have broader scope Media analysis has the most rigorous practices Full chain of custody is required Evidence handling procedures are well understood Not sure about the detail of records
22 DOJ Model Preparation Equipment and Tools for investigation Collection Search for electronic evidence Secure and Evaluate the Scene. Ensure integrity of evidence, identify evidence Document the Scene. Document physical attributes (photos of digital evidence) Evidence Collection. Collect system or copy data Examination Technical review searching for evidence Analysis Review examination results Reporting Notes from the case
23 U.S. Air Force Model Identification Detect 0100 the incident/crime 1011 Preparation Tools, techniques and obtain approval Approach Strategy Maximize collection of evidence, minimize impact on victim Preservation Isolate and secure physical and digital evidence Collection Record physical crime scene and duplicate digital evidence Examination Search for evidence relating to the crime Analysis Develop theory based on evidence found Presentation Summarize and explain final conclusion and theory Return Evidence Return collected evidence to the owner
24 Module 4 State and Local Investigations
25 State and Local Profile Goal: Similar with Federal Primary beneficiary: Same as Federal Duty: Same as Federal Scope: Much more narrow than Federal Stakeholders: Same as Federal Evidence handling: Similar to Federal Primary decision mechanism: Resources
26 Module 5 Personal Investigations
27 Personal Investigations Goal: Primary beneficiary: The individual Duty: Follow the law Scope: Some personal information resources Stakeholders: Users of the personal network Evidence handling: None Primary decision mechanism: Varies
28 Module 6 Problems and Challenges
29 Difficult Problems Rapidly emerging law, lack of case authority Creative and adaptive criminals Very little design-for-forensics Fail-safe evidence handling processes Lack of meaningful borders International investigations add significant complexity Current balance favors privacy/anonymity Difficult to answer the who question Balancing privacy with security Current balance favors privacy/anonymity
30 Questions? After all, you are an investigator
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