How To Understand The Law Of Fornsics

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Computer and Phone Forensics Califorensics i Don Vilfer, JD, ACE 916-789-1602 Don@Califorensics.com www.califorensics.com WHY DO WE CARE ABOUT FORENSICS? Lawyers and Investigators need to be equipped to adequately advise clients or employers. You have a duty to prepare your cases for adequate discovery. You have a duty to advise your clients/management about their discovery obligations. INITIAL RESPONSE Gather sufficient info to develop a response Traditional investigation Don t attempt data recovery Avoid spoiling the evidence (logs, free space, etc.) Consult with someone knowledgeable Consider locations of relevant evidence (thumbdrives, router logs, cameras) Develop a strategy drawing on your skills and what you will hopefully learn today! 1

COMPUTER FORENSICS VS. EDISCOVERY Computer Forensics: the use of specialized techniques for recovery, authentication and analysis of electronically stored data. Electronic Discovery: the process of locating, searching and securing electronic data to produce as evidence in a legal proceeding. Data Constantly Changes FORENSIC IMAGE The creation of a Forensic Duplicate of the storage media. FRE Section 1003: a duplicate is admissible to the same extent as the original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original. 2

CHARACTERISTICS OF A FORENSIC IMAGE Hash Value (Digital Fingerprint) Data cannot be changed Includes Unallocated Space, Drive Freespace and File Slack Difference from Ghost Acceptable in court as Best Evidence FORENSIC IMAGES/DATA ACQUISITION Drive Removal and write-blocking Live Images Boot Disks Triage-Live Searching and Acquisition Networks-remote imaging (even across the ocean) is possible PRESERVING THE ORIGINAL EVIDENCE FOR EXAMINATION i.e., To Shutdown Or Not To Shutdown RAM-volatile data. Now capable of being RAM volatile data. Now capable of being forensically captured! Leave computer on if you suspect recent monkey business. Hard Drive-reasons to not leave computer on or access files. The evidence changes simply by booting. 3

BUT, THE USUAL RULES OF EVIDENCE STILL APPLY Chain of Custody must be able to account for the location of the evidence from the moment it was collected. Ath Authentication computer ti ti t evidence is considered writings and recordings under the Rules of Evidence and must be authenticated to be admissible. Validation is it really the same? (Hash files) WHO WILL DO IT? Avoid your client s IT Professional Qualifications: ACE EnCE CFE etc. FORENSIC PROCESSES (NOW WHAT DO WE DO WITH IT?) Review information on the drive Recover deleted files. Data Carving. Searches in free space. Recovering web-based e-mail. Determining activities on the computer (copying, printing, deleting, burning). Break passwords and encryption. 4

Application to Research Misconduct Sources of data. Acquiring data from multiple computers and lab equipment. Review of Communications (recovery of emails). Authenitcating information supplied by the subject of the inquiry. Comparison of Digital Images. ORI Color Overlay of Two Data Sets Data Set 1 Data Set 2 Data Set 2 Over Data Set 1 Adjustments to Bring Out Detail Original Equalized 5

PHONES ARE MORE PREVALENT THAN COMPUTERS Some Statistics No. of Phone % of Pop Computers China 1.1B 75% 53M India 900M 74% 60M US 327M 104% 223M WHAT IS RECOVERABLE It Depends- dependent on phone OS, model, forensic capabilities Email Voicemail Text Messages Location Data- Maps, WiFi, Apps, Photos Network Detail - local network - carrier network (see attached) Example of Photo Location Data 6

EXAMPLE OF PHOTO LOCATION DATA Even a Missed Call may be Relevant PHONE vs. COMPUTER FORENSICS Flash h Storage vs. Disk- wear levelingl File Systems Types of Data Security- password, disk wipe, phone encryption 7

FORENSIC APPROACH S Logical vs. Physical SIM SD Cards Chip Offs Backups LOGICAL vs. PHYSICAL DATA CARVING Data Carved Image Carved SMS 8

SIM CARDS Subscriber Identity Module Stores Data so the user can be identified on the network Can be used to store SMS and contacts Portable Will contain cell site information SIM Clones SD CARDS May contain photos, documents, videos or phone data Standard storage media and can be examined as such May have data when the phone is inaccessible CHIP OFFS When all else fails. 9

BACKUPS Blackberry (ipb) i Phone Backup Cloud INITIAL RESPONSE Leave It On? Passwords Faraday Solutions Data Cables LIVE FORENSICS DEMO What s on Your Phone (or mine) 10

Questions? Califorensics i Don Vilfer, JD, ACE 916-789-1602 Don@Califorensics.com www.califorensics.com 11