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Documentary evidence Evidence in the form of business records, printouts, manuals, and the like Much of the evidence relating to computer crimes is documentary evidence Demonstrative evidence Used to aid the jury and can be in the form of a model, experiment, chart, and so on, offered to prove that an event occurred
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Three rules guide the use of evidence, especially if it could result in court proceedings: Best evidence rule Courts prefer original evidence rather than a copy to ensure that no alteration of the evidence (whether intentional or unintentional) has occurred In some instances, an evidence duplicate can be accepted, such as when the original is lost or destroyed by acts of God or in the normal course of business A duplicate is also acceptable when a third party beyond the court s subpoena power possesses the original Exclusionary rule The Fourth Amendment to the US Constitution precludes illegal search and seizure Therefore, any evidence collected in violation of the Fourth Amendment is not admissible as evidence Additionally, if evidence is collected in violation of the Electronic Communications Privacy Act (ECPA) or other related violations of the US Code, it may not be admissible to a court For example, if no policy exists regarding the company s intent to monitor network traffic or systems electronically, and the employee has not acknowledged this policy by signing an agreement, sniffing network traffic could be a violation of the ECPA Hearsay rule Hearsay is second-hand evidence evidence not gathered from the personal knowledge of the witness Computer-generated evidence is considered hearsay evidence NOTE The laws mentioned here are US laws Other countries and jurisdictions may have similar laws that would need to be considered in a similar manner
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When information or objects are presented to management or admitted to court to support a claim, that information or those objects can be considered as evidence or documentation supporting your investigative efforts Senior management will always ask a lot of questions second- and third-order questions that you need to be able to answer quickly Likewise, in a court, credibility is critical Therefore, evidence must be properly acquired, identified, protected against tampering, transported, and stored
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When an incident occurs, you will need to collect data and information to facilitate your investigation If someone is committing a crime or intentionally violating a company policy, he or she will likely try to hide his/her tracks Therefore, you should collect as much information as soon as you can In today s highly networked world, evidence can be found not only on the workstation or laptop computer, but also on companyowned file servers, security appliances, and servers located with the Internet service provider (ISP) A first responder must do as much as possible to control damage or loss of evidence Obviously, as time passes, evidence can be tampered with or destroyed Look around on the desk, on the Rolodex, under the keyboard, in desktop storage areas, and on cubicle bulletin boards for any information that might be relevant Secure floppy disks, CDs, flash memory cards, USB drives, tapes, and other removable media Request copies of logs as soon as possible Most ISPs will protect logs that could be subpoenaed Take photos (some localities require use of Polaroid photos, as they are more difficult to modify without obvious tampering) or video tapes Include photos of operating computer screens and hardware components from multiple angles Be sure to photograph internal components before removing them for analysis When an incident occurs and the computer being used is going to be secured, you must consider two questions: should it be turned off, and should it be disconnected from the network Forensics professionals debate the reasons for turning a computer on or turning it off Some state that the plug should be pulled in order to freeze the current state of the computer However, this results in the loss of any data associated with an attack in progress from the machine Any data in RAM will also be lost Further, it may corrupt the computer s file system and could call into question the validity of your findings Imaging or dumping the physical memory of a computer system can help identify evidence not available on a hard drive This is especially appropriate for rootkits, where evidence on the hard drive is hard to find Once the memory is imaged, you can use a hex editor to analyze the image offline on another system (Tools for dumping memory and hex editors are available on the Internet) Note that dumping memory is more applicable for investigative work where court proceedings will not be pursued If a case is likely to end up in court, be sure to seek legal advice that live analysis of the memory is acceptable before proceeding, as it would be easy to dispute the claim that evidence was not tampered with On the other hand, it is possible for the computer criminal to leave behind a software bomb that you don t know about, and any commands you execute, including shutting down or restarting the system, could destroy or modify files, information, or evidence The criminal may have anticipated such an investigation and altered some of the system s binary files While teaching at the University of Texas, Austin, Dr Larry Leibrock led a research project to quantify how many files are changed when turning off and on a Windows workstation The research documents that approximately 06 percent of the operating system files are changed each time a Windows XP system is shut down and restarted
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