Digital Evidence Database

Showing 41 to 50 of 120 results.

  • Geospatial Evidence in International Human Rights Litigation: Technical and Legal considerations.

    Institution

    American Association for the Advancement of Science (AAAS)

    Language

    English

    Reference link
    https://www.aaas.org/resources/geospatial-evidence-international-human-rights-litigation-technical-and-legal
    Executive summary
    n/a
    Purpose
    This report is intended to provide a starting point for human rights NGOs and advocates who are considering using geospatial technologies in their human rights and ICL documentation efforts, as well as recommendations to ensure the most rigourous scientific methods and robust analysis to guide the admission of this evidence in court. The document draws from the AAAS's experience to provide recommendations to properly assess and weigh sound geospatial evidence.
    Description
    The report addresses the relevance and use of geospatial evidence for the documentation of human rights evidence, procedures for image acquisition and analysis, human rights cases in which the international courts have relied on geospatial evidence, and the standards they used to evaluate the evidence. It further contains standards for the use of geospatial technologies and human rights and international criminal law (ICL)evidence, particularly at the International Criminal court (ICC) and other ICL tribunals, Moreover, it includes an discusses admissiion and evaluation of geospatial evidence at the ICC.
    Target group
    Human rights professionals, lawyers, prosecutors and judicial institutions

  • The New Forensics Using Open Source Information to investigate Grave Crimes

    Institution

    Berkeley Centre for Human Rights

    Language

    English

    Publication date
    2018-07-01

    Reference link
    https://www.law.berkeley.edu/wp-content/uploads/2018/02/Bellagio_report_2018_7.pdf
    Purpose
    The document aims toprovide guidance for potential legal standards for open source investigations intended for use in legal procedings; identifying the principles that should underlie the development of legal standards; and, determining how best to mature this field of practice.
    Description
    The document highlights the discussion, conclusions, and recommendations from the workshop on evidence collection and legal accountability that the Human Rights Center hosted in Bellagio, Italy, from 2–6 October 2017. It addresses how online open source investigations can be strengthened to improve investigations and prosecutions by uncovering critical evidence of serious international crimes. It provides definitions, some standards and principles on open source investigation.
    Target group
    NGO investigators, international and national tribunal investigators, prosecutors, judges, defence attorneys, journalists, and academics

  • Beyond Reasonable Doubt Using Scientific Evidence to Advance Prosecutions at the International Criminal Court

    Institution

    Berkeley Centre for Human Rights

    Language

    English

    Publication date
    2012-10-01

    Reference link
    https://www.law.berkeley.edu/files/HRC/HRC_Beyond_Reasonable_Doubt_FINAL.pdf
    Executive summary
    n/a
    Purpose
    The purpose of the document is to promote ideas, expertise, strategies, and strategic and technological resources for investigators and prosecutors for the applicatio of new and emerging scientific methods and technologies to pursue accountability.
    Description
    The report presents recommendations drawn from the workshop convened by the Berkeley HRC in consultation with the Office of the Prosecutor at the International Criminal Court in October 2012. The report includes a major section on the background of the issue, presenting an overview on the use of scientific evidence at international criminal tribunals (ICC, ICTY, ICTR and ECCC). The document includes best practices as discussed in the workshop, concerning evidence collection, preservation and analysis, and presentation of evidence in the courtroom. Lastly, the report sets out precise conclusions and recommendations regarding documentary evidence, and information technologies and management.
    Target group
    Investigators and prosecutors

  • Digital Fingerprints Using Electronic Evidence to Advance Prosecutions at the International Criminal Court

    Institution

    Berkeley Centre for Human Rights

    Language

    English

    Publication date
    2014-02-01

    Reference link
    https://www.law.berkeley.edu/files/HRC/Digital_fingerprints_interior_cover2.pdf
    Executive summary
    n/a
    Purpose
    The document aims to promote an open exchange of ideas and expertise on strategies to improve the capacity of investigators and prosecutors to gather and analyze digital evidence relevant to serious international crimes.
    Description
    The report presents recommendations drawn from the workshop convened by the Berkeley HRC in collaboration with CITRIS in Salzburg, Austria, in October 2013. The report includes a background section, presenting an overview on digital evidence at the International Criminal Court (ICC), its history and in trial proceedings. The document addresses issues such as the relevance of building the ICC's internal capacity, and fostering external partnerships. Lastly, the report sets out precise recommendations in this line.
    Target group
    Investigators and prosecutors

  • First Responders: An International Workshop on Collecting and Analyzing Evidence of International Crimes

    Institution

    Berkeley Centre for Human Rights

    Language

    English

    Publication date
    2014-09-01

    Reference link
    https://www.law.berkeley.edu/files/HRC/First_Responders_final_with_cover4.pdf
    Executive summary
    n/a
    Purpose
    The document aims to promote an open exchange of ideas on cooperation between court investigators and first responders in conflict and post-conflict situations.
    Description
    The report presents recommendations drawn from the workshop convened by the Berkeley HRC in collaboration with CITRIS in Salzburg, Austria, in September 2014. The report addresses issues relevant for prosecutors and first responders, such as the cooperation between them, communication and clarification of mandates, security concerns, capacity issues, and guidelines for the preservation and collection of evidence by CSOs and first responders. Lastly, the report sets out precise recommendations concerning the investment in first responders to enhance their capacities, investments in the Court, and information sharing. While the report includes practices and recommendations concerning general evidentiary standards, it also provides guidance in relation to digital evidence.
    Target group
    Investigators and first responders

  • Digital Evidence: Investigatory Protocols

    Institution

    Berkeley Centre for Human Rights

    Language

    English

    Publication date
    2013-10-01

    Reference link
    https://humanrights.berkeley.edu/publications/digital-evidence-investigatory-protocols
    Executive summary
    n/a
    Purpose
    The document aims to "assist the Office of the Prosecutor (“OTP”) at the International Criminal Court (“ICC”) by discussing cyberinvestigation protocols that enable strategic mobilization and acquisition of digital evidence."
    Description
    "This paper discusses cyberinvestigation protocols relevant to three types of digital evidence: data that is on a device; data that is not on a device or is accessible online; and data that is held privately by a service provider. The first section addresses how an investigator should acquire and authenticate physical devices that may have evidentiary value. The protocols demonstrate methods that reduce the risk of inadmissibility and manipulation. The second section addresses situations where the investigator obtains evidence independent of a physical device, for instance, a video that is posted on a publicly available website. Since this type of digital evidence is not forensically acquired, this section aims to help investigators determine its reliability. Additionally, this section explains how prosecutors might authenticate such evidence by corroboration or testimony. The third section turns to data held by service providers that is not available without their cooperation. This data may be acquired by a direct request from a prosecutor. For United States service providers, the U. S. Stored Communications Act (“SCA”) sets forth procedures for domestic law enforcement access to this data. It is silent on foreign law enforcement access. The Mutual Legal Assistance Treaties (“MLAT”) process addresses foreign law enforcement access to this data; however, this process is lengthy and may be subject to other legal requirements, such as dual criminality. Please note that protocols in all three sections are based on standards that reflect the current technological landscape and therefore should be updated when necessary. Furthermore, the basic procedures discussed here are derived from lengthy treatments of forensic analysis in source documents. In all three types of investigations, situational factors arise in which deviation from the protocols discussed is appropriate. Therefore, each investigation will need to employ specific procedures that are context-dependent."
    Target group
    The Office of the Prosecutor at the International Criminal Court

  • Best Practices For Seizing Electronic Evidence v.4.2. A Pocket Guide for First Responders

    Institution

    US Secret Service (US Department of Homeland Security)

    Language

    English

    Reference link
    https://www.cwagweb.org/wp-content/uploads/2018/05/BestPracticesforSeizingElectronicEvidence.pdf
    Executive summary
    n/a
    Purpose
    The purpose of this guide is to assist patrol officers, investigators and detectives in recognizing how computers and electronic devices may be used as an instrument of a crime or a storage device for evidence in a host of federal and state crimes.
    Description
    This guideline includes methods of preservation of evidence found in computers and networked devices. Additionally, it includes special considerations for first responders, a list of crimes and their potential useful evidence typologies, and sample general questions that can be asked during the initial stage of the investigation.
    Target group
    Patrol officers, investigators and detectives

  • Electronic evidence - a basic guide for First Responders Good practice material for CERT first responders

    Institution

    European Union Agency for Cybersecurity (ENISA)

    Language

    English

    Reference link
    https://www.enisa.europa.eu/publications/electronic-evidence-a-basic-guide-for-first-responders
    Executive summary
    Threats to cybersecurity and cyber-attacks respect no boundaries. For that reason ENISA in the last couple of years has helped to bridge the gap between the CERT- and the law enforcement communities. This report is a continuation of the work of ENISA in this field, and aims at providing a guide for first responders in the area of gathering of evidence related to a cybercrime. While the securing of digital evidence is ultimately a task and a responsibility of law enforcement, CERT staff can nevertheless contribute to that work by helping to preserve it during for example the detection of a cybercrime. This guide does not intend to be exhaustive, nor does it aim to be a full step-by-step guide on how to approach digital evidence as a first responder. Gathering of evidence for example typically involves ad hoc decisions that need to be made during the process, based on factors that cannot be determined in advance. Instead, this guide aims at explaining the principles of sound evidence gathering and tries to raise the right questions to be asked by first responders before starting to work. The document starts with an explanation what is understood by “electronic evidence”. Different definitions are presented as well as different sources of electronic evidence (laptops, PDAs, etc.). Next we discuss the different fundamental principles in the field of evidence gathering. One set of particular interest is the principles described in the Electronic evidence guide - A basic guide for police officers, prosecutors and judges1, developed within the framework of the European Union and the Council of Europe joint project (CyberCrime@IPA project2). It identifies five principles that establish a basis for all handling of electronic evidence. Without trying to be exhaustive we touch then the different phases first responders encounter when performing digital forensics or electronic evidence gathering. We describe how they should act before and while arriving at the (crime) scene, what they should keep in mind when performing memory forensics, etc. After that we touch upon some important legal topics and questions such as: - How to determine the applicable law? - What is the adequacy of the exisiting rules? - Which jurisdiction applies? We believe that a key success factor for a CERT first responder deling with gathering of electronic evidence is appropriate communication with law enforcement.
    Purpose
    This guide aims at explaining the principles of sound evidence gathering and tries to raise the right questions to be asked by first responders before starting to work.
    Description
    The document starts with an explanation of what is “electronic evidence” as well as the different fundamental principles in the field of evidence gathering. The document also addresses the different phases first responders encounter when performing digital forensics or electronic evidence gathering. We describe how they should act before and while arriving at the (crime) scene, what they should keep in mind when performing memory forensics, etc. Finally, the document addresses some important legal topics and questions such as: - How to determine the applicable law? - What is the adequacy of the existing rules? - Which jurisdiction applies?
    Target group
    First responders

  • A Simplified Guide to Digital Evidence

    Institution

    Bureau of Justice Assistance (BJA) (US Dpt of Justice)

    Language

    English

    Reference link
    http://www.forensicsciencesimplified.org/digital/DigitalEvidence.pdf
    Executive summary
    n/a
    Purpose
    The purpose of the guideline is to give an overview on the following issues: the principles of digital evidence, a short description as to why and when is digital evidence used, what information can be gathered digitally, who conducts the analysis of the digital evidence (with reference links), how is evidence collected. The guidelines also contacts a brief FAQs, including quality control and assurance performance (and minimum requirements standard). It also obtains common terms, resources adn references, as well as section on forensic evidence admissibility adn expert witnesses (the Frey standard, Federal Rules of Evidence, Rule 702, the Daubert standard), and a section on who can serve as an expert forensic science witness at court.
    Description
    This document contains a simplified and basic guidance on the meaning and sources of digital evidence, relevance and usage of digital evidence, how to collect, analyze and use digital evidence as well as the limitations of digital evidence.
    Target group
    Investigators and first responders

  • A Simplified Guide To Forensic Audio and Video Analysis

    Institution

    Bureau of Justice Assistance (BJA) (US Dpt of Justice)

    Language

    English

    Reference link
    http://www.forensicsciencesimplified.org/av/AudioVideo.pdf
    Executive summary
    n/a
    Purpose
    The purpose of the guidelines is to provide the most useful information when exploring the issue of audio-video evidence and its usage for the investigation purposes.
    Description
    This document contais a simplified and basic guidance on usage of video and audio recordings and assist in an investigation. It describes the principles of forensic audio and video analysis, including repair and recovery of evidence, evidence enhancement techniques. It further looks as to when and why is the audio-video evidence used (focusing on corraboration, and identification of suspects, in particular), and how is this evidence analysed.
    Target group
    Forensic experts, investigators and analysts

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