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Maintaining The Digital Chain of Custody By John Patzakis [email protected] Employing proper computer forensic processes is the foundation of computer investigations. Even the best corporate policies for incident response and computer data preservation can mistakenly allow the mishandling of potentially key computer evidence. Once compromised, either during the collection or analysis process, the evidentiary integrity of the data is lost. Computer investigators must follow four basic steps in order to correctly maintain a digital chain of custody. These include: • Physically control the scene, or if conducting a remote network investigation, log all access and connectivity through an integrated and secure reporting function • Create a binary, forensic duplication of original data in a non-invasive manner • Create a digital fingerprint (hash) that continually verifies data authenticity • Log all investigation details in a thorough report generated by an integrated computer forensics software application The Problem of Improper Computer Evidence Handling Maintaining the integrity of computer evidence during an internal investigation or incident response is important, especially when computer evidence may be presented in court. This is true whether human resource personnel suspect that an employee’s violation of company policies may warrant termination, if IT staff are responding to a network intrusion, or outside consultants suspect criminal activity that may need to be reported to authorities. However, the ability to maintain and precisely document digital contents, including its exact location on the subject media should stand as the cornerstone of any computer investigation. By not taking steps to preserve the digital chain of custody, a company is leading itself into an investigation that is compromised from the beginning. Such a lax investigation also can make it difficult to later map out the exact location of electronic evidence on a drive, or to prove who manipulated or created data, as it is no longer clear if it was the suspect or the investigator who was the last to access it. In fact, this is the reason that worldwide agencies regulating financial institutions have mandated incident response plans. Recent policies, standards, and court decisions strongly establish a compelling obligation for all types of businesses to preserve electronic data that may be relevant to a legal matter, audit, etc. On the U.S. legislative front, the Sarbanes-Oxley Act, which passed in response to the Enron/Arthur Anderson debacle, imposes severe penalties for the destruction of records, including electronic data. The act expressly prohibits the destroying records in “contemplation” of an investigation or proceeding. Securities Exchange Commission rules require retention for six years of all business-related email and Internet communications sent and received by brokers, dealers and exchange members ...
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Electronic Evidence Power Point V6 Final
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