Digital Evidence Database

Showing 1 to 10 of 120 results.
  • Good Practice Guide for Computer-Based Electronic Evidence

    Institution

    7Safe (Part of PA Consulting)

    Language

    English

    Reference link
    https://www.7safe.com/docs/default-source/default-document-library/acpo_guidelines_computer_evidence_v4_web.pdf
    Executive summary
    n/a
    Purpose
    This good practice guide is intended for use in the recovery of computer-based electronic evidence. However, it is not a comprehensive guide to the examination of that evidence. The guide suggests methods that will help preserve the integrity of such evidences. The advice is formulated to assist staff in dealing with allegations of crime which involve a high-tech element and to ensure they collect all relevant evidence in a timely and appropriate manner.
    Description
    The guide contains principles of computer-based electronic evidence; guidelines on seizure of evidence; storage after seizure, home networks and wireless techonology, such as types of wired and wireless devices; network forensics and volatile data; tools to obtain discrete information; investigating personnel; evidence recovery; welfare in the work place; control of peadophile images; external consulting witnesses and forensic contractors; disclosure; retrieval of video and CCTV evidence; and guide for mobile phone seizure and examination.
    Target group
    Personnel attending crime scenes or making initial contact with a victim/witness/suspect, investigators, evidence recovery staff, external consulting witnesses

  • 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

  • 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

  • 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

  • A Handbook on Assisting International Criminal investigations

    Institution

    Swedish National Defence College

    Language

    English

    Reference link
    https://fba.se/contentassets/6f4962727ea34af5940fa8c448f3d30f/handbook-on-assisting-international-criminal-investigations.pdf
    Executive summary
    n/a
    Purpose
    The ambition of this handbook is to provide practical guidance to lay persons who are in areas where they might receive or collect information that may assist investigations into international crimes. The guidance offered in this handbook is intended to enable lay persons to assist the professional staff of international criminal courts and tribunals, and not to transform lay persons into criminal investigators or analysts.
    Description
    The guide contains guiding principles of observation and information collection, collecting information and evidence section, as well as a section on dealing with witnesses.
    Target group
    Civilian or military actors deployed to conflict and post-conflict zones as part of national or multinational missions or for other reasons

  • 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

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