The use of covert surveillance measures involves a careful balancing of a suspect's right to privacy against the need to investigate serious criminality. This tactic is a "particularly intrusive method for collecting evidence. Additionally, cybercrime investigators have conducted covert surveillance. Module 12 on Interpersonal Cybercrime and Cybercrime Undercover law enforcement investigations have also been conducted to identify, investigate, and prosecute cybercriminals (examples of these investigations are included in Cybercrime Justice in Matters involving Child Victims and Witnesses of Crime and Boyle and Vullierme, Council of Europe,Ī brief introduction to investigative interviewing: A practitioner's guide). Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime UNODC, Toolkit to Combat Trafficking in Persons UN Economic and Social Council (ECOSOC) Resolution 2005/20 For example, victims, witnesses, and suspects of a cybercrime are interviewed to gather information and evidence of the cybercrime under investigation (for guidance on interviewing suspects and adult and children witnesses and victims, see: UNODC,Īnti-Human Trafficking Manual for Criminal Justice Practitioners, Module 9 UNODC, Policing: Crime Investigation for a detailed analysis of these techniques), especially with respect to information and evidence gathering. In the identification phase, cybercrime investigators use many traditional investigative techniques (see: UNODC, Module 3 on Legal Frameworks and Human Rights for information about jurisdictions) - will inform the investigator on how to proceed with the case (e.g., which agencies should be involved and/or contacted). For example, the answer to the question "where did this crime occur?" - that is, within or outside of a country's borders (see Cybercrime The answers to these questions will provide investigators with guidance on how to proceed with the case. The investigator seeks to answer the following questions: This preliminary information is similar to that which is sought during a traditional criminal investigation. In the identification phase, preliminary information is obtained about the cybercrime case prior to collecting digital evidence. Guidelines for Evidence Collection and Archiving. physical configuration, network topologyįor more information see: Brezinski, D.remote logging and monitoring data that is relevant to the system in question.cache, process table, kernel statistics, memory The Request for Comments (RFC) 3227 document provides the following sample of the order of volatile data (from most to least volatile) for standard systems (Brezinski and Killalea, 2002): Volatile evidence should be collected based on the order of volatility that is, the most volatile evidence should be collected first, and the least volatile should be collected last. Module 4 on Introduction to Digital Forensics). There are four phases involved in the initial handling of digital evidence: identification, collection, acquisition, and preservation ( These protocols delineate the steps to be followed when handling digital evidence. Because of its volatility and fragility, protocols need to be followed to ensure that data is not modified during its handling (i.e., during its access, collection, packaging, transfer, and storage). Read more: Cyber Security Coalition,Ĭyber Security Incident Management Guide, 2015.ĭigital evidence is volatile and fragile and the improper handling of this evidence can alter it. The approach taken by the private sector varies by organization and the priorities of the organization. These approaches are not exclusive to the private sector. Because of its primary focus of evidence collection, the recovery from the cybersecurity incident is delayed. The second approach, monitors the cybersecurity incident and focuses on digital forensic applications in order to gather evidence of and information about the incident. Because of its primary focus on swift response and recovery, vital evidence could be lost. There two primary ways of handling a cybersecurity incident: recover quickly or gather evidence (Cyber Security Coalition, 2015): The first approach, recover quickly, is not concerned with the preservation and/or collection of data but the containment of the incident to minimize harm. In the private sector, the response to cybersecurity incidents (e.g., a distributed denial of service attack, unauthorized access to systems, or data breach) includes specific procedures that should be followed to contain the incident, to investigate it and/or to resolve the cybersecurity incident (Cyber Security Coalition, 2015).
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