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Forensic Focus Legal Update December 2019 – Part II: Search And Seizure

by Christa Miller In cooperation with the National White Collar Crime Center (NW3C) and SEARCH, The National Consortium for Justice Information and Statistics, Forensic Focus offers a quarterly roundup of the latest legal developments around digital forensic evidence. Comprising major legislation and case law from around the country, this guide is intended to help our … Continue reading

Forensic Focus Legal Update December 2019 – Part I

by Christa Miller  In cooperation with the National White Collar Crime Center (NW3C) and SEARCH, The National Consortium for Justice Information and Statistics, Forensic Focus is proud to offer a quarterly roundup of the latest legal developments around digital forensic evidence. Comprising major legislation and case law from around the country, this guide is intended to … Continue reading

Can Your Investigation Interpret Emoji?

by Christa Miller, Forensic Focus Emoji are everywhere — including in your evidence. Used across private-messaging apps and email, social media, and even in passwords and account names, emoji are pictographic representations of objects, moods, and words. They’re a convenient shortcut for users who want to convey tone and emotion in digital communication without using … Continue reading

From Crime To Court: Review Principles For UK Disclosure

by Hans Henseler UK Law Enforcement agencies are facing significant challenges related to digital evidence disclosure in criminal prosecution cases. Suspects who are charged with a crime must have access to all relevant evidence to ensure a fair trial, even if the evidence can undermine the prosecution. To avoid disclosure errors and ensure that digital … Continue reading

Law Enforcement Professionals Need to Evaluate Digital Forensics Practices Amid Looming Constitutional Showdown Regarding Digital Searches

by L.E. “Ted” Wilson There is a fascinating constitutional showdown brewing in the U.S. that will have significant implications for how our law enforcement agencies are able to conduct digital investigations. The fundamental question at issue is whether the Fifth Amendment protection against self-incrimination can be lawfully asserted by a criminal defendant as a justification for … Continue reading

Who Is Spying On Android Users, Why Do They Do It And What Are They Doing With The Data?

If you’ve been following the news, you may already know about the many cases where companies, big and small, were caught spying on their users. It might appear that just about everyone making a phone or an app is after your personal information. In this article we’ll try to figure out who collects your personal … Continue reading

Investigating and Prosecuting Cyber Crime: Forensic Dependencies and Barriers to Justice

The primary goal of this research is to raise awareness regarding legal loopholes and enabling technologies, which facilitate acts of cyber crime. In pursuing these avenues of inquiry, the author seeks to identify systemic impediments which obstruct police investigations, prosecutions, and digital forensics interrogations. The secondary objective of this research encourages policy makers to reevaluate strategies for combating the ubiquitous and evolving threat posed by cybercriminality. Research in this paper has been guided by the firsthand global accounts via the author’s core involvement in the preparation of the Comprehensive Study on Cybercrime (UNODC, 2013) and is keenly focused on core issues of concern, as voiced by the international community. Continue reading

DFRWS Europe 2014 Annual Conference – Recap

This article is a recap of some of the main highlights of the Digital Forensics Research Workshop (DFRWS) held in Amsterdam from the 7th – 9th of May; over the next few weeks we will also be bringing you a number of interviews and research updates from the conference. Conference Highlights DFRWS brought together academics … Continue reading

Samsung Galaxy Android 4.3 Jelly Bean acquisition using Joint Test Action Group (JTAG)

There have been some issues during data acquisitions with Samsung Galaxy having the Android 4.3, Jelly Bean as the operating system even if using the recommended steps for Logical File Dump, File System, or Physical Acquisitions for Cellebrite UFED Touch, Classic, and UFED4PC. All were unable to connect even if the mobile device was in … Continue reading

Windows 8: Important Considerations for Computer Forensics and Electronic Discovery

Introduction Documents identified by computer forensic investigations in civil litigation typically require review and analysis by attorneys to determine if the uncovered evidence could support causes of action such as breach of contract, breach of fiduciary duty, misappropriation of trade secrets, tortious interference, or unfair competition.  In addition, bit-for-bit forensic imaging of workstations is also … Continue reading

Unacceptable Acceptable Use Policy

I had an opportunity this week to be on the receiving end of an acceptable use policy (AUP) – something that I should experience each and every time I work for a new client on their hardware, but something that isn’t often the case and thus is a bit of a novelty to me. It … Continue reading

Authenticating Internet Web Pages as Evidence: a New Approach

By John Patzakis [1] and Brent Botta [2] Previously, in Forensic Focus, we addressed the issue of evidentiary authentication of social media data (see previous entries here and here). General Internet site data available through standard web browsing, instead of social media data provided by APIs or user credentials, presents slightly different but just as compelling challenges, … Continue reading

Key Twitter and Facebook Metadata Fields Forensic Investigators Need to be Aware of

Authentication of social media evidence can present significant challenges when you collect by screen shots, printouts or raw html feeds from an archive tool. This is just one reason why social media data must be properly collected, preserved, searched and produced in a manner consistent with best practices. When social media is collected with a … Continue reading

689 Published Cases Involving Social Media Evidence (with full case listing)

The torrent of social media evidence continues to grow. In November 2011 we, at X1 Discovery, searched online legal databases of state and federal court decisions across the United States to identify the number of cases from 2010 and through November 2011 where evidence from social networking sites played a significant role.  As we mentioned … Continue reading

Overcoming Potential Legal Challenges to the Authentication of Social Media Evidence

By John Patzakis1 Summary: Social media evidence is highly relevant to most legal disputes and broadly discoverable, but challenges lie in evidentiary authentication without best practices technology and processes. This whitepaper examines these challenges faced by eDiscovery practitioners and investigators and illustrates best practices for collection, preservation, search and production of social media data. Also … Continue reading

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