Digital Evidence Database

Showing 111 to 120 of 120 results.

  • Prosecuting Computer Crimes

    Institution

    U.S. Department of Justice (USDOJ) (U.S. Office of Legal Education, Executive Office for United States Attorneys)

    Language

    English

    Reference link
    https://www.justice.gov/sites/default/files/criminal-ccips/legacy/2015/01/14/ccmanual.pdf
    Purpose
    The manual aims to provide assistance in addressing the legal issues concerning the prosecution of computer crimes
    Description
    "This manual examines the federal laws that relate to computer crimes. Our focus is on those crimes that use or target computer networks, which we interchangeably refer to as “computer crime,” “cybercrime,” and “network crime.” Examples of computer crime include computer intrusions, denial of service attacks, viruses, and worms. We do not attempt to cover issues of state law and do not cover every type of crime related to computers, such as child pornography or phishing."
    Target group
    practitioners, legal professionals and legal researchers

  • Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations

    Institution

    U.S. Department of Justice (USDOJ) (U.S. Office of Legal Education, Executive Office for United States Attorneys)

    Language

    English

    Reference link
    https://www.justice.gov/sites/default/files/criminal-ccips/legacy/2015/01/14/ssmanual2009.pdf
    Executive summary
    n/a
    Purpose
    The manual aims to provide assistance in addressing the legal issues concerning the collection of evidence in computers and the obtention of electronic evidence in criminal investigations.
    Description
    This is an updated manual covering the case law related to electronic vidence and related developments, includig procedures for warrants used to search and seize computers, the procedures for obtaining cell phone location information, the procedures for the compelled disclosure of electronic devices.
    Target group
    Practitioners, legal professionals, legal researchers

  • Field Guide for Civil Society Documentation of Serious Human Rights Violations

    Institution

    The Public International Law & Policy Group

    Language

    English

    Reference link
    https://static1.squarespace.com/static/5900b58e1b631bffa367167e/t/5acb525a8a922dc773d9f37f/1523274331296/PILPG+Field+Guide+for+Civil+Society+Documentation+of+Serious+Human+Rights+Violations_corrected+%28SC%29.pdf%C2%A0
    Executive summary
    n/a
    Purpose
    This guide is to assist relevant stakeholders to document serious human rights violations. It is a guide oriented towards ensuring that the documentation is only done, if undertaken properly, following the guide's instructions.
    Description
    This guide provides detailed and practical guidance on the documentation of serious human rights violations, it addresses practices regarding several evidence typologies, including digital evidence.
    Target group
    Civil society organizations and first responders

  • Guidelines of the Committee of Ministers of the Council of Europe on electronic evidence in civil and administrative proceedings

    Institution

    Council of Europe (European Union)

    Language

    English

    Publication date
    2019-01-30

    Reference link
    https://search.coe.int/cm/Pages/result_details.aspx?ObjectId=0900001680902e0c
    Executive summary
    n/a
    Purpose
    "The guidelines aim to facilitate the use and management of electronic evidence within legal systems and in court practices."
    Description
    The document includes a brief section on relevant definitions, including metadata, trust service, among others. It also sets out fundamental principles for the handling of electronic evidence in civil and administrative proceedings. The guidelines address the process of taking oral evidence by remote link; the use of electronic evidence; the collection, seizure and transmission of electronic evidence; relevance and reliability; storage, preservation and archiving. The document also includes a note on the importance of awareness-raising, review, training and education.
    Target group
    EU Member States, their judicial and dispute-resolution mechanisms.

  • Basic investigative Standards for First Responders to International Crimes

    Institution

    Global Rights Compliance (GRC)

    Language

    English

    Publication date
    2016-07-01

    Reference link
    https://www.globalrightscompliance.com/en/publications/basic-investigative-standards-bis-for-first-responders-to-international-crimes
    Executive summary
    n/a
    Purpose
    "These basic investigative standards (“BISs”) identify the minimum standards that a first responder to a suspected crime, which may amount to an international crime, should adhere to in collecting, handling and preserving information in order to facilitate the subsequent work of professional investigators and prosecutors. The BISs are aimed at non-lawyers and non-professional investigators, including those who work for non-governmental organisations (“NGOs”), attempting to collect, handle and preserve information concerning international humanitarian or criminal law violations. As well as being intended to optimise practical cooperation with the International Criminal Court (“ICC”) Prosecutor, they are designed to achieve the most effective and robust foundation for any subsequent investigation and adjudication at the domestic or international level."
    Description
    These guidelines provides an overview of the role of first responders and the International Criminal Court, the basic investigation principles, including minimum standards, basic substantive knowledge for IHL investigations, guidance on how to implement an organized system to record the investigation steps and the results obtained. It further obtains standards for the collection, handling and preservation of information/evidence. In the annexes, the guide provides an evidence envelope sample; examples of log files, and witness code sheet.
    Target group
    investigators and first responders

  • Fair Trials' Consultation Paper on E-Evidence

    Institution

    Fair Trials

    Language

    English

    Reference link
    https://www.fairtrials.org/sites/default/files/Fair-Trials-e-evidence-consultation-paper.pdf
    Executive summary
    Faced with increasing use of electronic evidence in the context of criminal investigations, both the US and the EU have expressed the willingness to modernise the tools enabling cross-border access to electronic data for law enforcement authorities, and to cooperate further in the exchange of electronic data. This is an opportunity for the EU and the US to set a gold standard for the world. It is proposed that the new form of cooperation would, effectively, enable law enforcement authorities directly to seek the preservation or production of electronic data held by private companies overseas. Given the impact of cooperation measures on human rights, it will be crucial for the fair long-term functioning of any future mechanism that it is underpinned by human rights protections. To date, this has been recognised by vague and uncertain principles, but any failure to ensure adequate human rights protections is likely to have a negative impact on the fairness, effectiveness and long-term sustainability of the new mechanism. We recognise the concerns expressed by other stakeholders about the rationale itself of the proposed new mechanism, but in view of the political pressure to make this happen, we would like to focus on four key safeguards required to preserve the fundamental fair trial protections for people accused of crime: Prior notification to the suspect: In criminal trials, where the prosecution has the machinery of the state behind it, the principle of equality of arms is an essential guarantee of an accused’s right to defend themselves. It ensures that the accused has a genuine opportunity to obtain evidence to support its defence, prepare and present their case, and contest evidence put before the court, on equal footing with the prosecution. However, this is threatened by (inter alia) the lack of notification about the gathering of data. Although we recognise that specific stages of some investigations may, exceptionally, require secrecy, notification is key to enable challenges to requests and ensure that evidence supporting a person’s innocence is preserved as is other evidence. Robust prior judicial authorisation procedure: In view of the implications of the new tools on privacy and other fundamental rights, the new tools must require that law enforcement authorities meet a sufficiently high threshold in terms of suspicion of criminality (and the severity of the offence) as well as the relevance and materiality of the evidence sought, before they can request or obtain and share electronic data. In addition, requests must be subject to prior meaningful judicial oversight to avoid overbroad and disproportionate requests being issued. Meaningful remedies in the event of a trial: A key check on the legality of evidence-gathering by law enforcement authorities occurs at trial (or shortly before, after the evidence has been gathered). This is the power for the accused to challenge the admissibility of evidence on which the state is seeking to rely to secure a conviction. The accused person must have the right to challenge the request and use of data at trial, and seek specified appropriate legal remedies where electronic data has been obtained illegally. And in order to be in a position to exercise the right to challenge, accused persons must be able to obtain disclosure of the sources of the electronic evidence. Effective and systemic oversight on the use of the measures by law enforcement authorities: If the new tools are used fairly and proportionately, they are more likely to maintain public trust in criminal justice systems and law enforcement authorities. Effective oversight mechanisms will ensure that we insulate against the risk of improper use, and help protect both the reputation of legitimate law enforcement activity and those who could become victims of abuse of the tools.
    Purpose
    The purpose of the guidelines is to take a note and evaluate trial safeguards, in light of the ongoing discussions on cloud-acts and relevant provisions, and esnure that the standards is high enough to ensure fair trial guarantees.
    Description
    The paper focuses on discussing four trial safeguards: notification to the suspect, prior judicial authorisation, remedies at trial, and systematic oversight. It further describes and discusses the required fairness safeguards, before concluding with a chart outlining the proposal on e-evidence.
    Target group
    Law agencies and criminal justice actors

  • Verification Handbook: An Ultimate Guideline on Digital Age Sourcing for Emergency Coverage

    Institution

    European Journalism Centre (EJC)

    Language

    English

    Reference link
    http://verificationhandbook.com/downloads/verification.handbook.pdf
    Executive summary
    Authored by leading journalists from the BBC, Storyful, ABC, Digital First Media and other verification experts, the Verification Handbook is a groundbreaking new resource for journalists and aid providers. It provides the tools, techniques and step-by-step guidelines for how to deal with user-generated content (UGC) during emergencies.
    Purpose
    The document seeks to provide actionable advice to facilitate disaster preparedness in newsrooms, and best practices for how to verify and use information, photos and videos provided by the crowd.
    Description
    The guidelines provide information on verification fundamentals (using social media as a police scanner), verification of user-generated content, verification of images and videos, and and guides as to how to prepare for disaster coverage and creating verification process and checklists. In the annex, the guide contains a field guide to enhancing the evidentiary value of video for human rights.
    Target group
    Journalists, aid providers, citizen reporter, relief responder, volunteer, journalism school student, emergency communication specialist, academics, social media investigators

  • Berkeley Protocol on Digital Open Source Investigations: A Practical Guide on the Effective Use of Digital Open Source Information in Investigating Violations of International Criminal, Human Rights and Humanitarian Law

    Institution

    Berkeley Centre for Human Rights

    Language

    English

    Publication date
    2020-12-01

    Reference link
    https://humanrights.berkeley.edu/programs-projects/tech-human-rights-program/berkeley-protocol-digital-open-source-investigations
    Executive summary
    Open source investigations are investigations that rely, in whole or in part, on publicly available information to conduct formal and systematic online inquiries into alleged wrongdoing. Today, large quantities of publicly available information are accessible through the Internet, where a quickly evolving digital landscape has led to new types and sources of information that could assist in the investigation of alleged human rights violations and serious international crimes. The ability to investigate such allegations is of particular value to investigators who cannot physically access crime scenes in a timely manner, which is often the case in international investigations. Open source information can provide leads, support intelligence outputs and serve as direct evidence in courts of law. However, in order for it to be used in formal investigation processes, including legal investigations, fact-finding missions and commissions of inquiry, investigators must employ consistent methods, which both strengthen the accuracy of their findings and allow judges and other fact-finders to better evaluate the quality of the investigation process itself. The Berkeley Protocol on Digital Open Source Investigations was developed to provide international standards and guidance for investigators in the fields of international criminal justice and human rights. Such investigators come from a range of institutions, including media outlets, civil society groups and non-governmental organizations, international organizations, courts, and national and international investigative agencies. The establishment of consistent and measurable standards to support this multidisciplinary arena is a means of professionalizing the practice of open source investigations. While guidelines and training on the use of specific tools and software are an essential part of improving the quality of digital open source investigations, the Berkeley Protocol does not focus on specific technologies, platforms, software or tools, but rather on the underlying principles and methodologies that can be consistently applied, even as the technology itself changes. These principles outline minimum legal and ethical standards for conducting effective open source investigations. By following the guidance in the Berkeley Protocol, investigators will help to ensure the quality of their work, while minimizing the physical, psychosocial and digital risks to themselves and others. The Berkeley Protocol is designed as a teaching tool and a reference guide for open source investigators. Following an introductory chapter, the subsequent three chapters are dedicated to overarching frameworks, including principles, legal considerations and security. The remaining chapters are focused on the investigation process itself. This section of the Berkeley Protocol begins with a chapter on preparation and strategic planning, followed by a chapter dedicated to the various investigatory steps required – namely, online inquiries, preliminary assessment, collection, preservation, verification and investigative analysis. It concludes with a chapter on the methodology and principles for reporting on the findings of an open source investigation.
    Purpose
    The protocol aims to respond to the new environment of open source and digital data, providing tools on dealing with the opportunities and challenges posed by this reality. Consequently, "[t]he Protocol is designed to standardise procedures and provide methodological guidance across disparate investigations, institutions and jurisdictions to assist open source investigators in understanding the importance of: (a) Tracing the provenance of online content and attributing it to its original source, where possible; (b) Evaluating the credibility and reliability of online sources; (c) Verifying online content and assessing its veracity and reliability; (d) Complying with legal requirements and ethical norms; (e) Minimising any risk of harm to themselves, their organisations and third parties; (f) Enhancing protection of the human rights of sources, including the right to privacy".
    Description
    The Berkeley Protocol on Digital Open Source Investigations aims to standardise procedures and provide methodological guidance concerning digital open source investigations. The document addresses the relevant principles in open source investigations from a professional, methodological and ethical standpoint. It also provides the legal framework applicable to these investigations, providing security considerations and relevant guidance for the preparation, the investigative process and the reporting on findings. The Protocol also contains a glossary and a series of annexes, including forms and templates to assist investigators.
    Target group
    investigators, lawyers, archivists, and analysts.

  • كيفية التحقق رقمياً من انتماء العناصر المسلحة في الصراعات في الشرق الاوسط

    Institution

    Bellingcat

    Language

    Arabic

    Publication date
    2018-07-19

    Reference link
    https://www.bellingcat.com/resources/how-tos/2018/07/19/%d9%83%d9%8a%d9%81%d9%8a%d8%a9-%d8%a7%d9%84%d8%aa%d8%ad%d9%82%d9%82-%d8%b1%d9%82%d9%85%d9%8a%d8%a7%d9%8b-%d9%85%d9%86-%d8%a7%d9%86%d8%aa%d9%85%d8%a7%d8%a1-%d8%a7%d9%84%d8%b9%d9%86%d8%a7%d8%b5%d8%b1/
    Executive summary
    n/a
    Purpose
    To assist the process of verification of videos and photos.
    Description
    The guide specifically covers how one can determine what side a combatant belongs to in photos or videos from Middle Eastern conflicts, a key step in verifying the authenticity of videos and photos from conflict zones in the region. It includes information about military uniforms, patches and insignia, and arms and equipment. The guide is useful in providing information on linkage evidence.
    Target group
    Open source investigators, analysts and journalists

  • Using the Internet and Social Media for Counter-Terrorism Investigations

    Institution

    United Nations Counter-Terrorism Centre (UNCCT)

    Publication date
    2019-07-11

    Reference link
    https://www.interpol.int/en/News-and-Events/News/2019/INTERPOL-and-UN-publish-joint-handbook-for-online-counter-terrorism-investigations
    Purpose
    Help investigators collect, analyse and share information found online, particularly on social media platforms.
    Description
    The handbook shares good practices and offers practical online tools to assist investigators in Understanding how terrorists have adapted the way they use the Internet and social media and continue to be active online; Good practices in conducting an online counter-terrorism investigation; Steps for requesting the preservation and collection of electronic evidence, including from service providers. NB: The handbook is not open-access, in order to receive a copy of the handbook, law enforcement officers should contact the INTERPOL National Central Bureau in their country.
    Target group
    Investigators and law enforcement officers

This is free software. Created with LinkAhead and Django. Licenced under AGPL version 3.0 (Sources).