What Is Computer Forensics ?
If you manage or administer information
systems and networks, you should understand computer forensics. Forensics is
the process of using scientific knowledge for collecting, analyzing, and
presenting evidence to the courts. (The word forensics means “to bring to the
court.” ) Forensics deals primarily with the recovery and analysis of latent evidence.
Latent evidence can take many forms, from fingerprints left on a window to DNA
evidence recovered from blood stains to the files on a hard drive. Because
computer forensics is a new discipline, there is little standardization and
consistency across the courts and industry. As a result, it is not yet
recognized as a formal “scientific” discipline. We define 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.
Why is Computer Forensics Important?
Adding the ability to practice sound
computer forensics will help you ensure the overall integrity and survivability
of your network infrastructure. You can help your organization if you consider
computer forensics as a new basic element in what is known as a
“defense-in-depth”1 approach to network and computer security. For instance,
understanding the legal and technical aspects of computer forensics will help
you capture vital information if your network is compromised and will help you
prosecute the case if the intruder is caught.
• Preservation When performing a
computer forensics analysis, we must do everything possible to preserve the
original media and data. Typically this involves making a forensic image or
forensic copy of the original media, and conducting our analysis on the copy
versus the original.
• Identification In the initial phase,
this has to do with identifying the possible containers of computer related
evidence, such as hard drives, floppy disks, and log files to name a few.
Understand that a computer or hard drive itself is not evidence - it is a
possible container of evidence.
• In the analysis phase, this has to do
with identifying the information and data that is actually pertinent to the
situation at hand. Sifting through Gigabytes of information, conducting keyword
searches, looking through log files, etc.
• Extraction Any evidence found relevant
to the situation at hand will need to be extracted from the working copy media
and then typically saved to another form of media as well as printed out.
• Interpretation This is a biggie.
Understand that just about anyone can perform a computer forensics
"analysis." Some of the GUI tools available make it extremely easy.
Being able to find evidence is one thing, the ability to properly interpret it
is another story. Entire books could be written citing examples of when
computer forensics experts misinterpreted their results of a forensic analysis
. We'll cite one example.
• The experts for the prosecution in a
case used a popular GUI tool that came with a script for finding Internet
search engine activity. When they ran the script, they found literally hundreds
and hundreds of "searches" that supposedly had been conducted by the
defendant. Therefore, the defendant had intentionally accessed certain types of
information related to these searches - the searches showed intent.
• When the experts for the defense
examined the same evidence, they realized that each and every one of these
"searches" was actually a hyperlink and not a search at all. The
hyperlinks were formed in such a way that when a link was clicked, a database
was searched to pull up the most current information related to the link. The
way that the links within the page were formed was what the GUI tool honed in
on, as they were formed similarly to fragments and Web pages that could be
found to indicate search engine activity.
• The experts for the prosecution took
for granted that their automated tool was accounting for any variables, and
would only show them searches that had actually been conducted. A big mistake.
Theses experts lacked the technical skills to authenticate their results, so
they depended entirely on a single automated tool.
• This leads to a very important lesson.
Results from any tool should always be thoroughly checked by someone versed in
the underlying technology to see if what appears to be a duck is actually a
duck.
• In the very same case, the experts for
the defense recovered reams of email that the prosecution experts did not find.
This was due to the fact that the prosecution experts simply did not know how
to find it.
• It is interesting to note that both
the experts for the defense and the prosecution used the same primary tool in
their analysis. The differences in what was found by one side versus the other,
as well as the differences in interpretation was due to the experience and
education levels of the experts - it had nothing to do with the tool being
used.
• Documentation Documentation needs to
be kept from beginning to end, as soon as you become involved in a case. This
includes what is commonly referred to as a chain of custody form, as well as
documentation pertinent to what you do during your analysis. We cannot
overemphasize the importance of documentation. When involved in a situation
where you are conducting a computer forensics analysis, we recommend that you
establish and keep the mindset that the case or situation is going to end up in
court. This will go a long way in helping you to make sure that you are keeping
the appropriate documentation. Take for granted that you will be questioned on
every aspect of the case, and everything that you do.
• Rules of Evidence There are various
tests that courts can apply to the methodology and testimony of an expert in
order to determine admissibility, reliability, and relevancy. The particular
test(s) used will vary from state to state and even from court to court within
the same state. Commonly, you will hear about the Frye test and the Daubert
test. You need to be aware of the Rules of Evidence for your locale and
situation. Your best bet is to ask legal counsel about any Rules of Evidence
that you need to be aware of pertinent to the situation, and familiarize
yourself with this information early on.
• We recommend that you find and read
the Federal Rules of Evidence on the Internet, and conduct searches using the
terms "daubert test" and "frye test" as keywords.
• Legal Processes This has to do with
the processes and procedures for search warrants, depositions, hearings,
trials, and discovery just to name a few.
• This can also be related to processes
relevant to your employer, as well as conducting computing investigations
internally for your employer.
• If you are conducting computing
investigations for your employer, the best advice we can offer is to work as
closely as possible with legal counsel and those in your Human Resources
department before and during a computing investigation. You'll not know
everything you need to know when you start working in this field - it is a
learning process.
• Integrity of Evidence This has to do
with keeping control over everything related to the case or situation. We are
talking about establishing and keeping a chain of custody, as well as making
sure that you do not alter or change the original media. As well, you cannot
talk to other people about the case or situation specifics that are not
involved.
• Factual Reporting of the Information
Found Your findings and reports need to be based on proven techniques and
methodology, and you as well as any other competent forensic examiner should be
able to duplicate and reproduce the results.
• Providing Expert Opinion You may have
to testify or relate your findings and opinions about your findings in a court
of law or other type of legal or administrative proceeding.
• Two Primary Types of Computer
Forensics Investigations
• Computer forensics techniques and
methodology is used in two primary types of investigations. The first is when
the computer(s) was/were used as an instrument to commit a crime or involved in
some other type of misuse.
• The second is when the computer is
used as the target of a crime - hacked into and information stolen for example.
When computer forensics techniques and methodology are used in this situation
to figure out what happened, we typically call this incident response.
• In the first type of investigation,
you may or may not be present when the computing device is shut down to begin
an investigation. You may have hard drives and other media delivered to you to
analyze.
• In the second type of investigation,
you will typically always want to capture information that is extremely volatile,
such as information contained in RAM concerning network connections and running
processes.
• Regardless of the situation, and
whether the evidence will be used in a court of law or as the grounds for a
letter of reprimand, the techniques, procedures, and methodologies used should
be largely the same.
• What starts out as a letter of
reprimand given to an employee for misusing company computing resources, may
end up as a lawsuit against the employer.
• What starts out as an investigation
concerning Internet access at odd times may reveal that child pornography was
accessed.
• It is for the above reasons that we
must use sound and proven techniques for any work performed related to computer
forensics, and always approach a situation as if we will end up in a court of
law or possibly be handing the case over to law enforcement
1. Active, Archival, and Latent Data
In computer forensics, there are three
types of data that we are concerned with - active, archival, and latent.
Active data is the information that you
and I can see. Data files, programs, and files used by the operating system.
This is the easiest type of data to obtain.
Archival data is data that has been
backed up and stored. This could consist of backup tapes, CD's, floppies, or
entire hard drives to cite a few examples.
Latent (also called ambient) data is the
information that one typically needs specialized tools to get at. An example
would be information that has been deleted or partially overwritten.
A computer investigation could entail
looking at one or more of these data types depending on the circumstances.
Obtaining latent data is by far the most time consuming and costly. Public
Sector, Private Sector, and Consulting
There are three primary areas that you
will find computer forensics used. Public sector, private sector, and
consulting.
Public Sector
Computer forensics is used in the public
sector by government and law enforcement personnel to investigate and prosecute
crimes. Criminals are using computer technology when committing
"traditional" crimes such as homicide, rape, fraud, and auto theft to
name a few. They are also using computer technology to commit crimes that would
not be possible without computing devices, such as breaking into a networked
system and stealing or altering data, posting child pornography to a newsgroup,
or harassing someone via email.
• Computers can be the target of a crime
(your computer system is attacked over the Internet), the tool in the
commission of a crime, (sending and receiving child pornography), or as
incidental to a crime (keeping records concerning the houses you've burgled).
When computing devices are used in committing crimes, you'll often hear the
term "Cybercrime" used. Although the word "Cyber" does get
peoples attention, it is often misused - Cyber typically denotes being online.
You are not in "CyberSpace" just by turning your computer on.
At any rate, government and law
enforcement use of computer forensics is increasing, as more and more criminals
are using computing technology. Computer evidence is used by Prosecutors
everyday to aid in convicting criminals involved in fraud, murder, drug
trafficking, child pornography, embezzlement, and terrorism.
• Private Sector
In the private sector, computer forensic
techniques and methodologies are used to investigate electronic break-ins,
embezzlement, improper use of computing resources by employees, and theft of
trade secrets among other things.
Those in the insurance business may use
information retrieved from computer systems to identify fraud in workman's
compensation, automobile or personal accident cases, or arson. I'm aware of a
few cases were emails were sent outlining plans to fake back injuries and other
ailments in order to receive money from insurance. These emails were used to
convict those making the false claims.
• Consulting
The majority of
work that I perform in regards to computer forensics is not as an employee of a
law enforcement agency or company; it is for individuals or law firms as a
consultant. Some may argue that working for a law firm should be in the private
sector category, as law firms are companies and corporations, and I do agree to
a certain extent. I believe however that the type of work that I (and countless
others like me) perform in the area of computer forensics needs it's own
category due to the uniqueness of the work performed.
• Four Possibilities
As an educator, I come into contact with
countless students who want to get into computer forensics.
As I tell my students, there are
basically four possibilities.
1. Get into law enforcement, the FBI,
CIA, or other investigative agency. The reality is, members of law enforcement
and government investigative agencies typically do their own computer forensics
work.
2. Get into the information security or
computing investigations department of a private company.
3. Work for a company that specializes
in computer forensics and/or electronic discovery.
4. Start your own business providing
computer forensic services and consulting. It is in this area that I believe
most of the opportunity exists. Attorneys regularly need the services of
computing professionals with computer forensic skills to aid in litigation, and
there are also individuals that need the services of someone skilled in
computer forensics for personal and civil matters. There is now, and will
continue to be, an infinite demand for computer forensics experts.
To better
explain what I'm saying here, I'll cite some examples of cases where some of my
colleagues and I have used computer forensics techniques and methodologies, in
the capacity of a consultant.
• Medical Malpractice
In a medical
malpractice/wrongful death suit, a computer was examined to extract evidence
relevant to the decedents part time business. The information recovered was used
to determine how much the decedent would have made had they lived another
thirty or so years, and helped to determine the settlement amount for the
surviving spouse.
• Spying Spouse
A recently
divorced woman was being harassed by her former spouse. She was being told that
he could see everything that she was doing while her computer was turned on. An
investigation was conducted of her hard drive contents, and her computer was
monitored for several weeks. The findings were that nothing out of the ordinary
was happening, or had taken place in the past with the computer.
• Finding a Will
In this case, a
decedents computer was examined to determine if there was any information
relevant to a will. The decedent was a cryptologist, and many files had to
"cracked" as they were encrypted. Information was recovered that
helped settle the decedents estate.
• Troubled Teen
A parent wanted
to know what their son was doing online. The investigation showed that their
son was frequenting sites on making bombs, and was also planning to make one.
The son confessed to this and was given help to deal with a situation at school
that was causing pent up anger that he could not deal with on his own.
1. Is it Just About What's On The
Computer?
Evidence gleaned
from a forensic investigation and examination is not limited to what is found
or extracted from magnetic media such as hard drives, floppy drives, and tapes.
Evidence can be
in the form of visual output on a computer monitor, printouts, passwords
written down, notes made in computer or software manuals, or logs from systems
external to the subject computer itself, such as proxy servers of firewalls.
The computer forensics practitioner that limits themselves to looking at only
the magnetic media on the subject computer will be missing important clues.
A computer
forensics practitioner must always remember that there might be, and probably
is, evidence related to the situation that is external to the computer itself.
In some situations this external evidence could not only make or break the
case, it might even be the best evidence that you can obtain.
In a case I was
involved in regarding alleged access to pornographic Websites, my retaining
attorney was questioning the expert for the opposition concerning the proxy and
firewall logs that were pertinent to the case.
The expert was
unable to answer the questions, and admitted not much experience in this area.
I remember asking myself what is he doing representing them? The expert for the
opposition had years of experience working with evidence from personal
computers.
The problem here
was that he had focused his investigation solely on what was found on the
subject computer itself, and had totally ignored other sources of information
that could have helped his client to prove their case. In short, he had done a
poor job of preparing himself and his retaining counsel concerning the aspects
of the case, and the types of questions that might be asked. A computer
forensic practitioner needs to always look at the big picture, and obtain and
examine all evidence that may be relevant. If they find an aspect of their case
that they are unfamiliar with, they need to seek assistance.
• In Closing
The information contained in this
document covers the basics, and really doesn't do full justice to all facets of
computer forensics. I hope however that you have a better understanding of what
computer forensics entails. Feel free to contact me If I can be of assistance,
or if you have specific questions.
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