Digital Evidence Database

Showing 21 to 30 of 120 results.

  • 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

  • Video Evidence. A law enforcement guide to resources and best practices

    Institution

    The Global Justice Information Sharing Initiative’s (Global) Advisory Committee (GAC)

    Language

    English

    Publication date
    2014-03-01

    Reference link
    https://www.hsdl.org/?view&did=751596
    Executive summary
    n/a
    Purpose
    "The purpose of this resource is to provide answers to straightforward common questions that law enforcement officers, or the agencies they represent, may have regarding properly securing, collecting, storing, and analyzing video by directing them to valuable tools and resources from experts in the field."
    Description
    This guide provides useful summary of video related guidelines and manuals. It also expands on its usage and provides an overview of useful trainings and certificates.
    Target group
    Law enforcement officers and agencies

  • 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

  • Basic Investigative Standards for Investigators of International Crimes

    Institution

    Global Rights Compliance (GRC)

    Language

    English

    Publication date
    2016-07-01

    Reference link
    https://www.dropbox.com/s/9aywq1xycetg1zu/BIS_PGO_ENG.pdf?dl=0
    Executive summary
    n/a
    Purpose
    The document aims to provide investigators with the minimum standards regarding the collection, handling and preservation of information concerning international humanitarian or criminal law violations.
    Description
    The guidelines identify minimum standards for the investigation of core international crimes, particularly concerning the collection, handling and preservation of information. It provides an overview of the role of investigators and the International Criminal Court. It also delves into the ten investigation principles identified therein: do no harm, maintain minimum standards, impartiality and objectivity, competence, focus on information/evidence, collection and preservation of information, organised record system, confidentiality and protection, chain of custody and upholding in-house guidelines.
    Target group
    Professional investigators

  • Video as Evidece, Field Guide

    Institution

    Witness

    Language

    English

    Publication date
    2016-03-29

    Reference link
    https://vae.witness.org/video-as-evidence-field-guide/
    Executive summary
    n/a
    Purpose
    "The goal of the Field Guide is to provide methods for filmers use videos to expose abuse and bring about justice. This resource helps ensure that more cameras in more hands can lead to more exposure and greater justice."
    Description
    The Field Guide provides information on the basic legal principles and processes for the interaction between law and video. It also provides basic practices and tips for capturing video with enhanced evidentiary value. Regarding filming for evidentiary purposes, it gives assistance on filming, organizing and managing your videos for evidentiary purposes. It addresses practices on sharing and using eyewitness video in Human Rights reporting and advocacy: Lastly, it includes techniques for verifying video content and guidelines for using ethically using eyewitness video.
    Target group
    first responders, field workers, journalists, activists, community reporters, and human rights investigators

  • Ethical Guidelines: Using Eyewitness Videos in Human Rights Reporting and Advocacy

    Institution

    Witness

    Language

    English

    Reference link
    https://lab.witness.org/announcing-witness-ethical-guidelines-for-using-eyewitness-footage-in-human-rights/
    Executive summary
    n/a
    Purpose
    The purpose of the guide is to fill a gap with regard to new challenges that arise from using videos - especially using videos that have been produced by other people, filmed by bystanders, activists, victims, survivors and sometimes event perpetrators of abuse.
    Description
    As ethical guidelines, the document addresses the principles of ethical documentation, which include matters regarding consent, intended audience, and the safety, dignity, and privacy of individuals and communities filmed. It also describes the role of professional judgment, providing assistance in the absence of clear indicators of informed consent, how to make a professional judgment about whether using footage could violate the consent, privacy, or dignity of those filmed, and weigh the intended social good with the potential risks involved. The document also includes practices in light of the 'do no harm principle'. It contains guidances on issues regarding the source, such as when the videos are filmed by perpetrators, credit and contex, and at-risk sources. Lastly, it includes a list of questions to assess when it is appropriate to share graphic footage.
    Target group
    investigators, journalists, advocates, filmmakers, and others who use eyewitness videos for reporting or documenting human rights

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