The Increased Need for Digital Forensics - Essay Example

HERE HERE YOUR HERE HERE The Increased Need for Digital Forensics Contemporary society has created multiple communications systems due to the advent of modern technology. Internet, personal computers, laptop computers, iPods, Blackberry devices, and any other number of technological innovations have changed the method by which society interacts with the broader external community. With these changes, however, come opportunities to commit illegal activities using modern technological devices, in some fashion, to perpetrate crime of multiple varieties. Due to the increased frequency and the changing scope of certain crimes, especially cyber crime, there has been a heightened demand for digital forensic professionals to support law enforcement and judicial systems at all levels in order to prosecute these crimes successfully. Digital forensics, according to the Bureau of Labor Statistics, is a specialized private detective who examines various items of technology in the pursuit of locating evidence related to a criminal act (Tucker, 9). Digital forensics are also utilized in the business world as a means to provide solutions to certain business issues, however digital forensics for business is far less prevalent than in criminal analysis. Digital forensics requires the technician to examine devices such as the PDA, laptop or cellular phone in the pursuit of various digital clues which lead to either support or refute claims of suspected criminal activity. A digital forensic scientist, searching the digital contents of a computer printer, would look for potential evidence such as time and date stamps, images still retrievable on the printer’s paper roller, or even the specific network identity of the printer if it was, indeed, attached to an online network (Ashcroft, 18). If the owner of this hypothetical printer was alleged to have been involved in a child pornography ring, as one example, residual ink images left on the roller or various computer files buried in the printer’s hard disk might indicate whether a given alibi is valid or whether the individual has actually been distributing sexually explicit, youth materials. The personal computer and the laptop provide a myriad of potential forensic evidence in the event that a crime has been perpetrated. In this situation, forensic experts examine personal email, image/graphics files, calendars, address books and document files (Ashcroft, 10) as a means to find out whether the individual (or group) can be linked to the criminal behavior. Computer-created files, such as cookies, back-up files, temporary files and hidden files can serve to offer evidence of involvement in criminal behavior and provide the evidence necessary to secure an arrest. The mobile phone, as a potential tool for eliciting cyber crime, provides digital forensic evidence such as voice and text messages, address books, email and phone numbers (Ashcroft, 18). These forensic clues can indicate others who might have been involved in criminal scenarios as well as documenting discussion regarding a criminal event. In today’s world where people are more reliant than ever on mobile technology, this device provides prosecutors (or the defense) with the evidence necessary to either convict or deny any further criminal proceedings against the technology owner or the group involved. It is highly important to describe the specific varieties of digital forensic clues available within a wide spectrum of technological communications devices as, simply due to the high volume of these products in the market, it provides for the necessity for additional digital forensic experts to manage assessing multiple technological devices. Digital Forensics Professionals Inc., a leading computer investigative service company, announced that it has experienced significant growth in demand for provision of digital forensics in all sectors for the last five years (Business & Finance Week, 428). Additionally, digital forensic conferences, such as the Annual Techno Forensics Conference, have been established to coordinate learning and discussion between law enforcement and security professionals regarding new processes and procedures in the forensic examination process. This strongly reinforces the growing importance of digital forensics in which committee and agenda meetings become necessary to coordinate knowledge exchange. Further, these digital forensics conferences are being opened to the public as well, to satisfy the growing career-minded young adult looking for alternative career options as a digital forensics scientist. This also tends to show a strengthening social demand regarding the long-term benefits of learning digital forensics, thus illustrating why demand for these services are escalating across the country. As previously identified, digital forensics also occurs in the business world in order to provide forensic solutions to complicated business scenarios. For instance, consider a hypothetical company which has been having problems with competitors consistently matching their strategic moves, indicating a potential internal saboteur who is likely assisting competition by selling trade secrets or other intellectual property. Two reputable lawyers describe a recent legal case, Jackson v. Microsoft Corp, in which digital forensic experts were able to find deeply-embedded file information in a personal laptop and a business computer linking a worker to the crime of negotiating intellectual property without authorization (Howell and Rubin, 12). In this situation, digital forensic science allowed the company to stop a situation which could likely add long-term problems to the corporate budget and overall strategic agenda, which tends to represent digital forensics as becoming a corporate necessity for preventing electronic or cyber crimes. In terms of effective prosecution or defense of criminal behavior, digital forensics provides the opportunity for a stronger legal case by providing the abundance of evidence necessary to land a conviction by a jury of peers. Consider an additional hypothetical scenario: A man suspected of engaging in illegal manufacture and distribution of copyrighted literature is arrested in 1960. Evidence against this man would include physical clues (blood, footprints, etc) as well as witness testimony in order to determine his guilt. If the same crime were committed in modern society, jurors would hear the witness testimony and physical evidence but would also be exposed to date/time stamps which indicate the specific times the individual was actively on the computer and compare this time stamp data to the incident as a means to clinch the conviction. This type of scenario would tend to point to digital forensic science as the method of evidence production which secures linkages between digital events and specific criminal behaviors while providing the tangible proof necessary to prosecute effectively. One strategic advantage for prosecutors is the method of evidence handling and the risks associated with evidence tampering or polluting a crime scene. Traditional forensic examinations require the expert to wear gloves and work, within reason, to not disturb anything related to the crime scene until proper documentation of the scene has been accomplished. There have been lawyers faced with an inability to convict known criminals because of problems with disturbed, physical crime scene evidence. Digital forensics examine the internal data of a variety of technological and communications devices, therefore the evidence cannot be tampered with or damaged without deliberate, internal sabotage or irresponsibility. This provides prosecutors, today, with a more failsafe method of evidence production without the worry that necessary forensic clues can be damaged by irresponsible or malicious crime scene investigators. In this scenario, digital forensic science becomes a more enhanced, efficient evidence generation tool which is largely independent of the risk of human error. One strategic advantage of digital forensics also lies in the current level of knowledge found in today’s society regarding technological devices. Simply the existence of support agencies such as Geek Squad (A Best Buy brand), amongst many others, tend to illustrate that generic consumer knowledge about the more advanced applications in computers is limited. Technological and software knowledge is also limited among many lawyers who often forfeit digital forensic evidence simply because they do not understand it (Howell and Rubin). This might imply that today’s computer and communications device user is largely ill-equipped to manage the removal of potential forensic evidence effectively to avoid prosecution. For example, hidden files in the computer which can only be located and removed via advanced computer controls and software knowledge are not erased in the traditional maintenance functions of the computer system. If a person who has committed a crime believes that by merely deleting temporary files they have removed all traces of their browsing history, they are not applying advanced software skills. This makes digital forensic science an even more valuable tool to prosecutors who are dealing with criminals who wish to cover their criminal tracks simply based on the difference between consumer-level technological knowledge and that of well-trained forensic detectives. In essence, the criminal, in his or her attempt to delete programs through generic maintenance, has failed to delete important, embedded clues to their involvement in a criminal scenario. In the event that a law enforcement agency is dealing with a more technologically-savvy criminal, having a digital forensics expert on call would be important to building a solid case of evidence against the suspect. For example, some criminals, during the course of their actions, will disguise certain files by naming them with rather innocuous file names (Ashcroft, 50). A spreadsheet outlining criminal activities might be saved as a .doc format rather than .xls, in an attempt to fool a potential digital forensics examiner. An investigational search on .xls would not return the needed spreadsheet which links the criminal to the crime. This again speaks to the importance of having a staff which is trained in digital forensics process so that key pieces of evidence, when purposely buried by the criminal, are not forgotten during the course of the forensic investigation. If the prosecution team is going to be relying heavily on gathered digital evidence due to lack of physical forensics, it becomes paramount to ensure that all criminal tricks to hide criminal behavior on their devices is considered and combated. Highly-sophisticated criminals require a legitimate digital forensics expert in order to locate all possible clues. The Internet Crime Complaint Center, established to identify victims of cyber crime, received approximately 200,000 complaints in 2006 (Miller, 2). These crimes came in the form of various hackers who had performed some sort of virtual fraud. However, there are many other varieties of cyber crime, including child pornography, retail fraud, auction fraud and harassment (among many others). 200,000 legitimate complaints stemming only from hacker activities, excluding other cyber crime, really points toward the growing incidents of electronic crime all across the country. In this sense, the changing nature of crimes and the different technologies designed to deliver criminal scenarios requires law enforcement agencies all over the country to consider the importance of digital forensic science. If a criminal is currently operating the whole of a criminal situation over an electronic network, there will be no physical, traditional forensic clues left in the pursuit of prosecuting this crime. Without the existence of competent digital forensic scientists in multiple regions of the country, many of these criminals would likely not be identified or brought to justice. Additionally, having an on-site digital forensics expert, in the event of gathering evidence amidst a crime scene, prevents digital evidence from being destroyed through carelessness. At a traditional crime scene, if law enforcement officials are directed to remove electronic items for assessment, there are certain precautions which must be taken which only a digital forensic scientist would recognize. For instance, items must be placed in anti-static bags to prevent the corruption of magnetic data on the computer hard disk (Ashcroft, 24). Electronic items must also not be stored at cold temperatures for prolonged periods of time (Ashcroft, 24). Having a staffed digital forensics expert would ensure that the integrity of the materials gathered for evidence are verified and all precautions necessary are taken to ensure that data discovered can be admissible toward the goal of prosecution. A staff without a digital forensics expert maintains many risks in handling the electronic devices and data without the necessary training regarding proper handling and examination procedures. Vincent LoVoi, managing partner of Digital Forensics Professionals, Inc., believes that “digital forensics is an exciting field with a lot of innovation ahead. It impacts individual rights, government security, business strategies and our legal system” (Business & Finance Week, 428). Another digital forensics expert suggests that “the demand for responses to electronic evidence is expected to increase for the foreseeable future. Such services require that dedicated resources be allocated for these purposes” (Ashcroft, 3). Clearly, based on the research evidence provided, there is a growing demand for digital forensics services and expertise. The previous Director of Homeland Security, John Ashcroft, recognizes this from the security standpoint. Business leaders and community citizens recognize this importance in order to protect them against digital criminals and improve overall business solutions. Even with this growing demand, evidence clearly indicates that prosecuting criminals effectively involves having a dedicated professional (or staff of professionals) well-versed in digital forensics process and examination. At the crime scene, ensuring the safe handling of electronic equipment is paramount to avoid the information being erased or destroyed. During investigation, the forensics examiner must also understand the internal dynamics of computer software and be able to extract hidden or buried content in order to build a successful prosecutor’s criminal profile. None of these activities can be handled effectively by a traditional law enforcement team, that is, unless they are provided with an extensive digital forensics curriculum. It would likely be a more cost-effective and efficient method to simply hire a digital forensics scientist rather than coordinate a costly inter-organizational staff program on digital forensic study. Evidence was further provided that legal counsel often does not understand the proverbial ins and outs of digital forensics, which makes them forfeit important forensic data due to lack of knowledge in computer software and hardware applications. This is very critical to the well-being of generic community citizens and the legal/judicial systems as well as misunderstandings at the prosecutor level might allow dangerous or malicious criminals to remain free to violate others in the virtual world. The very point of the legal and judicial systems is to ensure that criminal behavior is identified and punished appropriately. Failure to provide adequate training to attorney groups regarding the importance of assessing and considering digital forensic data illustrates the importance of the field of study in delivering an effective prosecution. It has been identified that changing criminal behaviors and the modern prevalence of communications technologies have increased the need to find alternative methods of evidence to convict cyber criminals. The sheer volume of technology products which could contribute to various criminal behaviors is virtually limitless, again providing for the necessity to have digital forensic experts on call in the event of multiple communications devices requiring assessment and examination. Digital forensics is the most viable method for locating evidence which links criminal behaviors with a specific crime, with this field providing opportunities for more successful prosecution. Digital forensics, through the field’s ability to undermine devious criminal attempts to hide electronic evidence, is yet another reason why law enforcement and judicial systems require expertise in this area. Digital forensic experts not only understand the practices of more sophisticated criminals by locating their obscure information, but remain a step ahead through quality training on current forensic process. Works Cited Ashcroft, John. “Electronic Crime Scene Investigation: A Guide for First Responders”. U.S. Department of Justice. Accessed 10 Dec 2008 from Business & Finance Week. “The Training Co: Nation’s Largest E-Discovery and Digital Forensics Conference to Feature Speakers from the FBI, US Congress, Georgian Ambassador to the US, Former KGB Major General, and Leading Government and Private Sector Cyber Crime Experts”, Atlanta, 1 Nov 2008: 399. Howell, Beryl and Samuel Rubin. “What Every Lawyer Should Know about Digital Forensics (But May Not Know to Ask)”, Computer and Internet Lawyer, Frederick. 24(5). Accessed 9 Dec 2008 from IBI/INFORM Global database. http://proquest.umi.com/pqdweb?did=1255218511&sid=1&Fmt=3&clientId=4682&RQT=309&VName=PQD Miller, Tim. “Digital forensics like CSI for computers, says Iowa State U. Prof.”, Iowa State Daily, 12 Oct 2007. Tucker, Patrick. “Majoring in the unusual”. The Futurist, Washington, 42(5), 2008. Accessed 10 Dec 2008 from IBI/INFORM Global database. http://proquest.umi.com/pqdweb?did=1527721531&sid=3&Fmt=3&clientId=4682&RQT=309&VName=PQD Read More