Digital forensics is the practice of collecting, analyzing, and reporting on digital data and devices in a manner that is legally admissible as evidence in a court of law. It involves examining digital data to uncover, recover, analyze, and present facts and opinions about digital information. This can include personal computers, networks, mobile devices, and cloud storage.
What is digital forensics?
Digital forensics, sometimes known as computer and mobile forensics, is a branch of forensic science that focuses on the recovery and investigation of data found in digital devices. The goal of digital forensics is to examine digital media to identify, preserve, recover, analyze and present the data it contains in a way that is legally acceptable. Devices targeted for forensics examination include computers, laptops, hard drives, flash drives, cell phones and other mobile devices, tablets and networks.
Digital forensics incorporates elements of law and computer science to collect and analyze data from various digital devices. Evidence uncovered and collected during a digital forensics examination is then processed and presented in a professional and systematic manner. Examiners follow strict rules of evidence and use specialized tools to recover data that is concealed, encrypted, damaged or deleted.
What does a digital forensics company do?
A digital forensics company provides services related to the analysis and investigation of data found in digital devices and systems. Here are some of the key services offered by most digital forensics companies:
- Data acquisition – Safely obtaining data from various digital sources while maintaining integrity.
- Data analysis – Using specialized forensic tools to review and analyze digital evidence.
- Recovering deleted files – Retrieving intentionally or unintentionally deleted files.
- Cracking passwords and encryption – Bypassing or determining passwords to access protected data.
- Investigating email and social media – Gathering evidence from email accounts and social networking activities.
- Mobile forensics – Extracting and examining data from mobile devices like cell phones and tablets.
- Providing expert witness testimony – Acting as an expert witness to present digital forensic evidence in court.
- Incident response – Assisting organizations with responding quickly and effectively to cyber attacks and data breaches.
Many digital forensics companies also provide related services like e-discovery for legal cases, data protection and recovery solutions. The services are provided to a range of clients including individuals, law firms, corporations and law enforcement agencies.
What types of cases and investigations use digital forensics?
Digital forensics can be used in many different types of cases and investigations including:
- Criminal investigations – Digital evidence is commonly used in investigating criminal cases involving fraud, hacking, murder, terrorism, drug trafficking, child exploitation and more.
- Civil litigation – Supporting civil cases by uncovering digital communication, documents, financial records and other relevant evidence.
- Corporate investigations – Investigating unauthorized access and theft of trade secrets, intellectual property and other confidential data.
- Employment disputes – Looking into employee misconduct by examining computer and internet activity in the workplace.
- Information security – Determining the root cause, scope and remediation steps for data breaches and cyber attacks.
- Data protection and recovery – Assisting when critical business data is lost or corrupted due to hardware failure, viruses, or human error.
The diversity of cases requiring digital forensics expertise continues to grow as more of our personal and professional activities rely on technology.
What are the benefits of using a digital forensics company?
Here are some of the key benefits that a digital forensics company can provide:
- Expertise – They have extensive training and experience recovering and analyzing digital evidence.
- Objectivity – As an independent third-party, they can provide unbiased examination of the data.
- Methodology – They follow best practices and standardized procedures for evidence collection and analysis.
- Tools – They have access to and expertise using the latest specialized digital forensic tools.
- Data integrity – They use techniques like hashing and write-blocking to preserve the original state of the data.
- Recovery capabilities – They are skilled at recovering intentionally deleted and damaged data.
- Compliance – They handle evidence in line with legal rules of evidence admissibility.
- Reporting – They provide reports detailing the examination process, findings, and opinions as an expert witness.
What qualifications should a digital forensics company have?
To ensure competence and high ethical standards, a reputable digital forensics company should have the following qualifications:
- Certified forensics examiners – Staff should hold technical certifications such as CCFT, GCFA or EnCE.
- Experience – The company should have extensive experience providing digital forensic services.
- Proper facilities – They should have access to forensic labs and facilities that enable secure and controlled examinations.
- Tool testing – Tools used should be tested and validated according to scientific standards.
- Quality control – Documented quality control processes should be in place for evidence handling and reporting.
- Professional relationships – Strong professional relationships and partnerships with law enforcement, the legal community, and other investigators.
- Continuing education – Ongoing training and education to stay current with technology, tools, and methods.
Accreditation and proficiency testing also demonstrate that a company has met strict standards and requirements. Look for accreditation from organizations like the American Society of Crime Lab Directors and Colleges of American Pathologists.
What questions should you ask a digital forensics company?
Here are important questions to ask a prospective digital forensics company:
- What is your experience with cases similar to mine?
- What specific services do you offer?
- What tools and methods do you use during examinations?
- Do you follow standardized procedures and industry best practices?
- Are your examiners certified? Which certifications do they hold?
- Do you have documented quality assurance and control processes?
- Can you meet all legal requirements for evidence handling and chain of custody?
- How is data secured during examinations and in storage?
- What does your report process and documentation include?
- Have you provided expert testimony in court? How many times?
- Do you have references or case studies available?
- What differentiates you from competitors?
What are the potential risks of using a digital forensics company?
While reputable digital forensics companies provide valuable services, there are some potential risks to consider:
- Incompetence – A lack of training, certification, or experience may impact the quality of work and credibility of results.
- Bias – Conscious or unconscious bias could influence the interpretation of ambiguous findings.
- Unethical practices – Improper handling of evidence or selective reporting of results.
- Data leaks – Sensitive data could be exposed during collection, analysis or as a result of security failures.
- Chain of custody failures – Gaps in documenting and accounting for evidence custody could jeopardize admissibility.
- Tool errors – Bugs or limitations in forensic software could produce inaccurate results.
- Qualification misrepresentation – Employees may lack credentials claimed by the company.
- Discovery violations – Failure to collect, preserve or produce relevant data could impede legal discovery.
Thorough vetting, using certified specialists, and having court experience helps mitigate these risks.
How to choose a competent digital forensics company?
Here are tips for choosing a competent digital forensics company:
- Ask about case experience relevant to your needs.
- Verify individual examiner certifications and tenure.
- Review accreditations and quality assurance practices.
- Ask detailed questions about specific methods and tools used.
- Request references from past clients and legal professionals.
- Look for evidence of continuing education and training.
- Choose a company that will work collaboratively with you and other stakeholders.
- Ask if they retain outside experts when needed for unique cases.
- Consider companies with law enforcement ties and court experience.
- Request a written agreement or contract before services begin.
Taking time to thoroughly evaluate digital forensics companies lowers the risk of choosing an unreliable or ineffective firm.
What does digital forensic evidence include?
Digital forensic evidence can encompass many types of digital data. Common examples include:
- Files including documents, photos, audio, video, and email messages
- Internet browsing history and search queries
- Metadata attached to files and communication records
- Deleted or corrupted content
- Encrypted, obfuscated, or concealed data
- Computer system log files and network activity logs
- Mobile device data including contacts, GPS, calendars, apps, etc.
- Digital surveillance video and audio
- Data from cloud storage, social media, and other online accounts
Any data stored or transmitted digitally can potentially serve as useful evidence in an investigation.
Common Digital Forensic Evidence Sources
Here are some of the most common sources of digital evidence that forensic specialists examine:
- Computers – Desktop, laptop, tablet, and other computer storage devices and system memory.
- Mobile Devices – Cell phones, smartphones, PDAs and mobile GPS units.
- Networks – Wired and wireless corporate, private and public networks.
- Removable Media – USB drives, CDs, DVDs, floppy disks, memory cards, and tape drives.
- Internet – Email accounts, websites, cloud storage and online accounts.
- Databases – Corporate databases, contact lists, phone records, and other structured data.
- Peripherals – Printers, copiers, fax machines, and other equipment containing storage.
What can you expect in a digital forensics report?
A digital forensics report provides comprehensive documentation of the examination process, findings, and expert opinions and conclusions. While formats vary, reports often contain elements like:
- Overview of the background and scope of the examination
- Description of procedures and tools used in the examination
- Explanation of how evidence was acquired from various sources
- Results of analysis performed on the collected evidence
- Recovery of deleted and encrypted data
- Findings placed in chronological order when possible
- Linking of relevant events and digital artifacts
- Visual aids such as graphs and photographs
- Opinion statements and conclusions based on the findings
- Supporting case law related to the evidence and examination methodology
The report will also include exhibits containing detailed data uncovered during the investigation and a certificate of authenticity.
What are best practices for evidence handling in digital forensics?
Proper evidence handling is crucial to ensure the integrity and admissibility of digital evidence. Here are some best practices that digital forensics experts follow:
- Use write-blocking tools to prevent modification of original evidence.
- Take hashes of evidence files to authenticate and validate them.
- Follow secure chain of custody procedures.
- Document all steps taken in detail.
- Acquire data without altering or damaging original evidence.
- Isolate and examine copies of data rather than originals when possible.
- Ensure secure transportation of evidence to forensic facilities.
- Prevent comingling of evidence from multiple sources.
- Comply with rules of evidence laid out in criminal procedure laws.
- Allow complete access to findings by all parties in a case.
Forensics specialists must be prepared to explain and justify their handling procedures in court. Following best practices preserves evidentiary value and aids in discovery.
What are some examples of digital forensic evidence used in court cases?
Here are a few examples of digital evidence that had an impact in real court cases:
- Browser history and emails – Proved insider trading and convicted Martha Stewart.
- Sat Nav records – Verified movements and statements in the Scott Peterson murder trial.
- Spectrogram – Uncovered file wiping on Casey Anthony’s computer.
- Social media posts – Placed suspect at bombing scene in Boston Marathon case.
- Pedometer data – Used to show wife’s normal walking patterns in murder trial.
- Wiretap audio – Brought down organized crime gang in Operation Wah Ching.
- Recovered files – Proved backdating of stock options by executives.
As technology advances, the role of digital evidence in the judicial system continues to grow during both criminal and civil proceedings.
What are some digital forensic cases solved with mobile phone evidence?
Mobile phones provide a wealth of potential digital evidence. Here are some real cases cracked based on mobile phone forensics:
- Murder of Cecilia Lam – Deleted videos on suspect’s phone placed him at the crime scene.
- Suicide of Conrad Roy – Text messages showed Michelle Carter encouraged Roy to kill himself.
- Shooting of Oscar Grant III – Cell phone videos filmed by witnesses contradicted officer testimony.
- Drug ring bust – Messages and call logs on smugglers’ burners detailed distribution operations.
- Overturning of Dennis Dechaine conviction – Electronic calendar entry cast doubt on testimony.
- Child exploitation prosecution – Browser history showed access to illicit materials.
As mobile phones become more integral to daily life, they provide investigators an increasingly comprehensive look at personal communications and activities.
Conclusion
In summary, reputable digital forensics companies provide valuable investigative services supported by specialized expertise in properly recovering and interpreting digital data. However, caution should be taken to carefully validate qualifications, methodology, and chain of custody protections to gain legally admissible evidence. With the ubiquity of digital technology, professionals trained in retrieving forensic data from computers, networks, mobile devices and the internet play an increasingly vital role in the modern legal system.