Digital Evidence Database

Showing 41 to 50 of 120 results.

  • 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

  • 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

  • Preuves électroniques dans les procédures civiles et administratives (Lignes directrices et exposé des motifs)

    Institution

    Council of Europe (European Union)

    Language

    French

    Publication date
    2019-01-30

    Reference link
    https://rm.coe.int/lignes-directrices-sur-les-preuves-electroniques-et-expose-des-motifs/1680968ab6
    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.

  • Practical Guide for Requesting Electronic Evidence Across Borders

    Institution

    United Nations Office on Drugs and Crime (UNODC)

    Language

    English

    Publication date
    2019-02-01

    Reference link
    https://www.unodc.org/unodc/en/frontpage/2019/January/unodc-and-partners-release-practical-guide-for-requesting-electronic-evidence-across-boarders.html
    Executive summary
    n/a Note: the document is not a public document.
    Purpose
    "The Practical Guide will provide practitioners with best practice from experts in the field, legal procedures from over 20 States, and contact points to assist practitioners on how to request and produce the electronic evidence needed for trial. As well as being an essential reference tool, the Practical Guide will be used for global training to share knowledge and give practitioners the confidence to request electronic evidence quickly, legally and in an admissible format for trial."
    Description
    "The guide includes a compilation of country-specific focal points, a mapping of the major communication service providers' relevant procedures and available points of contact, legal frameworks and practical requirements for informal (police-to-police) and formal mutual legal assistance cooperation."
    Target group
    Criminal justice officials, investigators and prosecutors

  • Online Identification of Conflict Related Environmental Damage

    Institution

    Bellingcat

    Language

    English

    Publication date
    2015-12-17

    Reference link
    https://www.bellingcat.com/resources/how-tos/2015/12/17/online-identification-of-conflict-related-environmental-damage-a-beginners-guide/
    Executive summary
    n/a
    Purpose
    To provide assistance in the use of OSINT tools for environmental impact mapping.
    Description
    The guide addresses the use of OSINT tools for environmental impact mapping. It goes into more depth on how these tools can be a useful means for monitoring live conflicts for non-governmental organisations, international organisations and humanitarian workers providing aid in affected areas. The guide is limited to Syria but contains relevant tools applicable to other contexts.
    Target group
    Open source investigators, NGOs, international organizations and humanitarian workers.

  • Metadata: MetaUseful & MetaCreepy

    Institution

    Bellingcat

    Language

    English

    Publication date
    2015-04-24

    Reference link
    https://www.bellingcat.com/resources/how-tos/2015/04/24/metadata-metauseful-metacreepy/
    Executive summary
    n/a
    Purpose
    To provide assistance on extraction of metadata from imagery in order to support open source analysis.
    Description
    The guide addresses metadata and the relevance of its extraction for open source analysis, providing concrete tools.
    Target group
    Open source researchers and investigators

  • Manual Reverse Image Search With Google and TinEye

    Institution

    Bellingcat

    Language

    English

    Publication date
    2015-05-08

    Reference link
    https://www.bellingcat.com/resources/how-tos/2015/05/08/manual-reverse-image-search-with-google-and-tineye/
    Executive summary
    n/a
    Purpose
    To provide assistance on verification of images through reverse image search.
    Description
    The guide provides advice on using Google Reverse Image Search and TinEye for the purpose of verification of images.
    Target group
    Open source researchers and investigators

  • Managing Digital Evidence in Courts

    Institution

    Joint Technology Committee (JTC)

    Language

    English

    Publication date
    2016-02-17

    Reference link
    https://www.ncsc.org/__data/assets/pdf_file/0017/18521/digital-evidence-3-14-2016-final.pdf
    Executive summary
    Court management systems are not currently designed to manage large quantities of digital evidence, which means that courts and industry must find creative ways to deal immediately with the dramatically increasing volume of digital evidence, while planning for and developing new capabilities. Key considerations: Storage This is one of the most significant issues. Courts must estimate the storage that will be required, evaluate whether to invest in storage hardware or cloud storage, and consider business continuity and disaster recovery requirements. Preservation and Disposition Because appellate proceedings may continue for a lengthy period of time and digital evidence may take large amounts of storage, courts will need to consider how long and how to retain digital evidence. Courts should consider “active archive” solutions that allow the court to maintain the evidence in a less available state that is still retained. Discuss preservation and disposition policies with law enforcement and prosecutors. Centralization vs Decentralization Regardless of the state’s unique court structure, states should consider whether to build a statewide repository of digital evidence or to have localized repositories. Formats and Conversion Courts may approach the complicated issue of file format by choosing to accept only a limited range of formats. However, there are significant issues with converting digital evidence or requiring that digital evidence be submitted with the native format player. Courts may face technical difficulties displaying evidence correctly; computer speeds and display resolutions can distort digital evidence. Infrastructure Cost and performance issues will dictate the best solution in the tradeoff between local storage and the use of networks to transfer digital evidence. However, some technical strategies may not be options because of policies that specify who can store the original files and whether streaming live in a courtroom from a remote location is permissible. Chain of Custody The chain of custody protocol may be different in an electronic digital evidence environment. Courts must secure electronically stored digital evidence to ensure there is no possibility of tampering. Readiness The state of the technical infrastructure, the process for receiving digital video evidence, and how such evidence is played, stored, retained, and accessed are aspects of readiness that each court must evaluate. Access Courts must decide whether digital evidence introduced into the court record will be treated as a court filing or an exhibit, determine whether the evidence becomes subject to open records statutes and/or rules, and provide a mechanism for the public to access information guaranteed under public access policies or open records provisions. Privacy Digital video regularly records individuals and their property that are not a party to the case at hand. Prior to a video being entered into evidence, the faces and license plates of bystanders can be redacted or blurred out. Local practices will determine if a court needs to establish a court rule or policy, bearing in mind that redaction is very time-intensive. Vendor Management Ensure vendor contracts take into account security, auditing provisions, ownership of evidence, access, and other court-specific issues. Expectations Management Courts must manage the expectations of both the public and the judges and other courtroom stakeholders. A “CSI” effect may create very unrealistic expectations about what courts can reasonably do.
    Purpose
    The report identifies potentiall challenges and recommends steps that the court should follow concerning the increase in evidence collected by smart phones and body-worn cameras. The report addresses the court's capacity to receive, evaluate, protect, and present digital evidence.
    Description
    The report is the result of a focus group facilitated by the National Center for State Courts (NCSC) and held by Joint Technology Committee (JTC) in Denver on October 5-6, 2015. This report summarizes the information gathered in that focus group, and provides information on the potential challenges courts may face with digital evidence, and makes recommendations for state court consideration.
    Target group
    The court - and court's participants

  • La Preuve Audiovisuelle Devant Les Instances Internationales: techniques et Admissibilité, Manuel à l'usage des practiciens

    Institution

    TRIAL

    Language

    French

    Publication date
    2020-12-01

    Reference link
    https://trialinternational.org/fr/latest-post/la-preuve-audiovisuelle-devant-les-instances-internationales-nouveau-manuel-a-lusage-des-praticiens/
    Executive summary
    n/a
    Purpose
    The manual promotes the use of the new technologies in the daily work of human rights defenders, lawyers, prosecutors, and other professional involved in international justice. It also aims to advance practices at the national level regarding the usage of audiovisual material as evidence.
    Description
    The manual is the result of a project started by the organization in the Democratic Republic of Congo (DRC) on the use of new technologies in the fight against impunity regarding international crimes, and more specifically, on the use of audiovisual material as evidence. The manual is structured in two chapters. Chapter 1 addresses the admissibility and evidentiary weight of audiovisual evidence; and, Chapter 2 addresses audiovisual means and techniques regarding testimonies in international criminal proceedings, as well as witness protection. The manual provides an overview of relevant jurisprudence of international criminal tribunals on the use of audiovisual material as evidence.
    Target group
    (international) criminal justice practitioners, including human rights defenders, lawyers, prosecutors

  • La Preuve Audiovisuelle Devant Les Instances Internationales: techniques et Admissibilité, Manuel à l'usage des practiciens

    Institution

    TRIAL

    Language

    French

    Publication date
    2020-12-01

    Reference link
    https://trialinternational.org/fr/latest-post/la-preuve-audiovisuelle-devant-les-instances-internationales-nouveau-manuel-a-lusage-des-praticiens/
    Executive summary
    n/a
    Purpose
    The manual promotes the use of the new technologies in the daily work of human rights defenders, lawyers, prosecutors, and other professional involved in international justice. It also aims to advance practices at the national level regarding the usage of audiovisual material as evidence.
    Description
    The manual is the result of a project started by the organization in the Democratic Republic of Congo (DRC) on the use of new technologies in the fight against impunity regarding international crimes, and more specifically, on the use of audiovisual material as evidence. The manual is structured in two chapters. Chapter 1 addresses the admissibility and evidentiary weight of audiovisual evidence; and, Chapter 2 addresses audiovisual means and techniques regarding testimonies in international criminal proceedings, as well as witness protection. The manual provides an overview of relevant jurisprudence of international criminal tribunals on the use of audiovisual material as evidence.
    Target group
    (international) criminal justice practitioners, including human rights defenders, lawyers, prosecutors

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