A computer forensic incident.

Suppose you have recently responded to your first computer forensic incident. The case in question involves a potential underground hacking ring, which the police, working in conjunction with the Federal Bureau of Investigation (FBI) have been investigating for several years. It has since been determined that an IP address confirms that location, and the identity of one of the suspects. Warrants have been issued for search and seizure of all electronic devices found on the premises.

View the setup found in the suspect’s home. Then document your findings and secure all relevant evidence.

Instructions

Write a paper in which you:

Investigate the legal statutes involved in this type of case and outline specific legal consideration to take when collecting evidence.
Pre-plan how to approach the crime scene, documenting the steps and procedures to process the digital evidence.
Analyze the crime scene diagram and document and tag each device that will be collected for evidence, specifying the importance of each device.

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Sample Answer

Legal Statutes Involved in Computer Forensics

The following legal statutes are involved in computer forensics:

  • Fourth Amendment to the US Constitution: The Fourth Amendment protects individuals from unreasonable searches and seizures. This means that law enforcement must have a warrant before searching a person’s computer or other electronic device.
  • Electronic Communications Privacy Act (ECPA): The ECPA protects the privacy of electronic communications, such as email and text messages. Law enforcement must have a warrant to intercept or access electronic communications.
  • Computer Fraud and Abuse Act (CFAA): The CFAA prohibits unauthorized access to computers and networks. Law enforcement can use the CFAA to investigate cybercrimes, such as hacking and data breaches.

Full Answer Section

Specific Legal Considerations When Collecting Evidence

When collecting evidence from a computer or other electronic device, law enforcement must take the following legal considerations into account:

  • Warrant requirement: As mentioned above, law enforcement must have a warrant to search a person’s computer or other electronic device. The warrant must specify the devices to be searched and the evidence to be seized.
  • Chain of custody: Law enforcement must maintain a chain of custody for all digital evidence. This means that the evidence must be properly documented and tracked to ensure that it has not been tampered with.
  • Data privacy: Law enforcement must protect the privacy of any data that is not relevant to the investigation. This may involve redacting sensitive data or destroying data that is no longer needed.

Pre-Planning How to Approach the Crime Scene

Before approaching the crime scene, law enforcement should develop a plan to minimize the risk of damaging or altering the evidence. The plan should include the following steps:

  1. Secure the scene: Law enforcement should secure the scene to prevent unauthorized access or tampering. This may involve posting guards or sealing off the area.
  2. Document the scene: Law enforcement should document the scene by taking photographs and videos. This will help to establish the condition of the scene and the location of the evidence.
  3. Identify the evidence: Law enforcement should identify all of the digital evidence that is present at the scene. This may include computers, laptops, smartphones, tablets, external hard drives, and other electronic devices.
  4. Collect the evidence: Law enforcement should collect the digital evidence in a way that preserves its integrity. This may involve using specialized tools and techniques.
  5. Transport the evidence: Law enforcement should transport the digital evidence to a secure location for further analysis.

Analyzing the Crime Scene Diagram

The following devices are located in the suspect’s home:

  • Desktop computer
  • Laptop computer
  • Smartphone
  • Tablet
  • External hard drive
  • Router
  • Printer

All of these devices are potentially relevant to the investigation, as they may contain evidence of the suspect’s hacking activities.

Importance of Each Device

  • Desktop computer: The desktop computer is likely to be the most important device, as it is likely to contain the suspect’s hacking tools and files.
  • Laptop computer: The laptop computer may also contain important evidence, such as email messages and chat logs.
  • Smartphone: The smartphone may contain evidence of the suspect’s communication with other members of the hacking ring.
  • Tablet: The tablet may contain evidence of the suspect’s browsing history and downloaded files.
  • External hard drive: The external hard drive may contain backups of the suspect’s computer files or other important evidence.
  • Router: The router may contain information about the suspect’s online activities, such as the websites they have visited and the IP addresses they have connected to.
  • Printer: The printer may contain evidence of documents that the suspect has printed, such as hacking instructions or lists of targets.

Conclusion

When collecting digital evidence from a crime scene, law enforcement must be mindful of the legal considerations involved and the need to preserve the integrity of the evidence. By carefully planning and executing the evidence collection process, law enforcement can increase the likelihood of obtaining admissible evidence in court.

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