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Seizing Electronic Evidence

Seizing Electronic Evidence. Best Practices – Secret Service ttp://www.treasury.gov/usss/electronic_evidence.htm Electronic Crime Scene Investigation – NIJ ttp://www.ojp.usdoj.gov/nij/pubs-sum/187736.htm. Before You Twitch. Consent search or Search warrant Understand the nature of the crime

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Seizing Electronic Evidence

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  1. Seizing Electronic Evidence • Best Practices – Secret Service • ttp://www.treasury.gov/usss/electronic_evidence.htm • Electronic Crime Scene Investigation – NIJ • ttp://www.ojp.usdoj.gov/nij/pubs-sum/187736.htm

  2. Before You Twitch • Consent search or Search warrant • Understand the nature of the crime • Read the search warrant • Concerns • Safety – It is a crime scene • Destruction of potential evidence • Plan, Plan, Plan • The seizure • The collection techniques • The order of events

  3. Computers & Crime • Fruits of crime • Stolen computers • Tool of criminal activity • Hacking, counterfeit documents • Repository of incriminating evidence • Drug records, meth formulas • Repository of contraband • Toons, Tunes • Unwitting record of criminal activity • e-mail records, Browsing history

  4. Potential Evidence • Probable cause to seize HW? • Probable cause to seize SW? • Probable cause to seize Data? • Where will the search of the seized evidence be conducted? • Careful of business interruption issues and proprietary information. • Depends on the role of the computers in the crime.

  5. Prior to Serving the Warrant • Start your investigation report • Understand the nature of the crime • Describe the role of the computer/digital device in the crime • Describe the limits of your investigation • Probable cause for seizure • What can be seized • What can be looked at • Where is the search to be conducted

  6. Expect the Unexpected • If it is not covered in your search warrant - • Get approval from DA • Get approval from Detective in charge • Take very detailed notes justifying your actions

  7. Role of the Computer • Contraband computer • HW or SW stolen? • Tool of the offense • Writing counterfeit checks, Ids • Incidental to the offense • Data storage

  8. Seize what • HW • SW • Data • All things digital • All things related to digital • Media, notes, documentation • Stay within the bounds of the search warrant

  9. Seize/Search where • On site, in the field office, in a lab • Disposal of seized items • Consider the size of the seizure • Suspects: • Interview • Passwords • Location of data • Installed software • Network • Etc.

  10. Search Warrants • Electronic Storage Device Search Warrant • HW, SW, documents, storage media notes • Examination of data • Service Provider Search Warrant/Subpoena • Utilities, phone cable, satellite, cellular, internet, etc. • Billing records, service records, subscriber info, etc.

  11. More Planning • What are the restrictions? • Photographs, video • Proprietary information • Classified information • Business records • Business continuity • Chief is ticked when he gets a law suit for business losses!

  12. The Search & Seizure • Secure the scene, restrict access • Preserve the area, no more fingerprints • Insure the safety of all concerned • Nobody touch nothing! • Usually the forensic specialist will not be a first responder. • However, often they are.

  13. Notes • Keep a very detailed log of every operation action • Details • Time • Order • They can cover a lot of mistakes during the seizure and search • What did you do. • What reasons for doing it. • Itemize potential harm versus another way of doing it.

  14. Rule # 1 • If it is off, leave it off. • If it is on leave it on (for awhile) • Be very cautious if there is network visible • Such as cables • Blinking lights • Get a specialist • You are the specialist.

  15. Pictures of Everything • Floor plan • Locate all equipment • Number all equipment on the floor plan • You will have to reconstruct • Photograph/Video graph • The entire area containing HW & cables • The screen of each computer that is on. • Much more later

  16. Photos • Items and placement • Each Item • Placement • Serial numbers • Front • Back • Cables • Anything that might be of interest. • You only get one chance to record the original evidence

  17. Examples - Scene Photograph the placement of the seized equipment within the general crime scene.

  18. Examples - Computer Photograph the placement of the seized equipment.

  19. After Pictures of an “on” PC • If the computer is a stand alone PC • pull the plug • Vista is different • Do not turn it off • If it is a laptop • Pull the plug • If it is still on, it has a functioning battery • Pull the battery • Keep the battery separate

  20. Examples - Screen If the computer is on photograph the screen. If a screen saver is evident don’t wiggle the mouse to see what is under it. Make sure it is in focus!

  21. Examples - Back Photo of the back with all of the connections tagged. More photos of each connection identified. In your log both ends of each connection should identified and cross refrenced with your photos.

  22. Examples - Back Don’t forget all the network connections and devices. Photos should show connection labels as well as general configuration. Multiple photos.

  23. Examples – Serial Numbers This is the photo of the back of the monitor. Photos should show Model number and serial numbers.

  24. Examples – Media Photograph the media. Also be able to show the location of the media found. Cross reference to the sketch. Also the media should be assigned a Item #.

  25. Evidence Collection • Locate Evidence • Tie to sketch • Connectivity • Photograph evidence • Coordinate with the general photographer • Assign an Item Number, tag and log in the Evidence Inventory Form • Bag – Item #, Date, Time, Who • Enter into custody log • Transfer custody to Judisdictional Agency

  26. Evidence Inventory Form

  27. Serial Cable to Serial Port

  28. Mouse – Item #11

  29. Network • Photograph, diagram and label everything • Can a live forensics capture suffice? • Get a sniffer on the network as close to the gateway as possible • Ethereal on a USB device • Be prepared for this sort of situation • Tools, tools on the USB • Make sure the USB has enough memory for traffic capture • Document every program you run on a host • Document every thing you do!

  30. Network Spaghetti

  31. Tag and Bag • Tape every drive slot shut • Photograph, diagram and label all components • Photograph, diagram and label all connections • Photograph, diagram and label all cables – both ends • You will have to reconstruct • Pack it for transport • Keep it away from EM • Collect all printed material • Docs, records, notes

  32. Seizure • If the network is active • Do not power down any networking gear • They have no hard drives • All evidence is volatile • If no significant network traffic disconnect from the ISP • Using the USB device harvest the routers and switches • Then disassemble the network • Seize the servers and work stations • Get the network admin to help • They could corrupt the data, SO be careful

  33. Liabilities • Criminal and civil • Destruction of business relevant data • Disruption of business services • Make detailed notes of your steps • Every step

  34. Other Devices • Cell phones • Cordless phones • Answering machines • Caller ID devices • Pagers • Fax • Copiers • Home electronic devices • Printers • CD duplicators • Labelers • Digital cameras, video • GPS • Game boxes • PDA’s • Tivo’s

  35. Other Devices (cont’d) • Magnetic strip • Readers& writers • Make credit cards • ID card writers • Smart cards • Writers & readers • RFID • Writers & readers • Security systems • Home grown gear • Check writers • Bar code writers • Hologram writers • Special printers • Counterfeiting

  36. Cell Phones

  37. Cell Phones • A treasure trove of evidence • Numbers • Dialed and received • Calling card numbers • PIN numbers • Messages • Voice, text • Time lines • All is volatile to some extent • Internet access information

  38. Cell Phones • Web surfing history • Cookies • Cached data • Stored programs • ISP information • Subpoena ISP for customer information • Recent syslogs • Cell provider keeps activity records • Subpoena information • Tracks recent where abouts

  39. Cell Phones • Architecture • Computer • User interface • Transceiver • OS • Networking stack • I/O • Blue tooth • IR • Serial

  40. Seizure - On • If it is on, leave it on • Lockout features • Volatile memory may contain info • Access codes, PINs, passwords • Recent financial transactions • Photograph screen • Document everything you do • Take all power cords and docs • Be very careful – It is on • If it does something it may construed as WIRE TAP • Put in a Faraday bag, prevents communication with tower

  41. Seizure - Off • Tag and wrap • Get to an expert • Get all the ancillary gear • Head set • Remotes • Serial connects • Find service provider • Subpoena

  42. Cordless Telephones • Not as rich as cell phones • Numbers called, stored • Perhaps Caller ID • Voice mail • Recent • May contain recoverable erased voice messages • Be careful – WIRE TAP • On screen info may be relevant • Photograph and document

  43. Answering Machines • Same old, same old • Numbers, times, voice content • WIRE TAP caution if it is on.

  44. Caller ID Boxes • More numbers and times • Unplug from phone line • WIRE TAP caution applies • If off leave it off • If on leave on • Tag, photograph, document • Does it have battery backup • No - pull the plug • Yes - get an expert • Get everything

  45. Pagers • Pages • Numeric • Call back #, codes, passwords, etc. • Text messages – Incoming & Outgoing • Info – some are held on device • Others, one must subpoena from provider • Voice mail • Must subpoena from provider • E-mail • Some held on device • Others at provider

  46. Pagers • Architecture • Transceiver • CPU and memory • Simple to elaborate user interface • Often has a full keyboard • Reasonable display

  47. Pagers - Seizure • On • Caution: real time communications intercept after seizure • Get it away from suspect • Document and photograph • Turn it off • Caution on battery life • Tag and bag • Off • Tag and bag

  48. Fax, Printer, Copier, ID Printers • Today they are converging into one machine • Architecture • Computer • Ethernet • Phone line • Massive storage – 20+ Gigabytes • Extensive display tree

  49. Fax, Printer, Copier, ID Printers • Dial lists, e-mail addresses, times, logs, headers • Stored documents • Sent • To be sent • Received – not opened • Received – opened • Photographs, personal info

  50. Seizure • If off leave it off. • Tag and bag • If on • Photograph and document especially comms connections • An attempt may be made to access memory and capture the most recently printed document. • If the device is a scan first and then dispatch, every thing is stored on the hard drive. • Disconnect the comms interfaces • Tag and bag • Determine phone connections • Subpoena service provider

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