Guide to Computer Forensics and Investigations, Fourth Edition Chapter 1 Computer Forensics and Investigations as a Profession At a Glance Instructor’s Manual Table of Contents Overview Objectives Teaching Tips Quick Quizzes Class Discussion Topics Additional Projects Additional Resources Key Terms 1-1 Guide to Computer Forensics and Investigations, Fourth Edition 1-2 Lecture Notes Overview Chapter 1 defines computer forensics and describes how to prepare for computer investigations. It also explains the difference between law enforcement agency and corporate investigations. Finally, students will explore the importance of maintaining professional conduct. Chapter Objectives Define computer forensics Describe how to prepare for computer investigations and explain the difference between law enforcement agency and corporate investigations Explain the importance of maintaining professional conduct Teaching Tips Understanding Computer Forensics 1. Explain that computer forensics involves obtaining and analyzing digital information for use as evidence in civil, criminal, or administrative cases. 2. Mention that the FBI Computer Analysis and Response Team (CART) was formed in 1984 to handle the increasing number of cases involving digital evidence. Use Figure 11 to illustrate your explanation. Teaching Tip For more details about the FBI Computer Analysis and Response Team (CART), visit: www.fbi.gov/hq/lab/org/cart.htm. 3. Explain that the Fourth Amendment to the U.S. Constitution protects everyone’s rights to be secure in their person, residence, and property from search and seizure. Computer Forensics Versus Other Related Disciplines 1. Explain that computer forensics investigates data that can be retrieved from a computer’s hard disk or other storage media. Network forensics yields information about how a perpetrator or an attacker gained access to a network. Guide to Computer Forensics and Investigations, Fourth Edition Teaching Tip 1-3 Read more about computer forensics at: http://en.wikipedia.org/wiki/Computer_forensics. 2. Mention that data recovery involves recovering information from a computer that was deleted by mistake or lost during a power surge or server crash. Typically, you know what you’re looking for. Computer forensics is the task of recovering data that users have hidden or deleted and using it as evidence. This evidence can be inculpatory (“incriminating”) or exculpatory. Teaching Tip Read more about data recovery at: http://en.wikipedia.org/wiki/Data_recovery. 3. Explain that disaster recovery uses computer forensics techniques to retrieve information their clients have lost. 4. Mention that investigators often work as a team to make computers and networks secure in an organization. Use Figure 1-2 to illustrate your explanation. 5. Explain that enterprise network environment refers to large corporate computing systems that might include disparate or formerly independent systems. 6. Explain that when you work in the vulnerability assessment and risk management group, you test and verify the integrity of standalone workstations and network servers. Professionals in this group have skills in network intrusion detection and incident response. 7. Define litigation as the legal process of proving guilt or innocence in court. 8. Explain that the computer investigations group manages investigations and conducts forensic analysis of systems suspected of containing evidence related to an incident or a crime. A Brief History of Computer Forensics 1. Explain that by the 1970s, electronic crimes were increasing, especially in the financial sector. Most law enforcement officers didn’t know enough about computers to ask the right questions or to preserve evidence for trial. 2. Mention that in the early 1980s, PCs gained popularity and different OSs emerged. Disk Operating System (DOS) was available in many varieties. Forensics tools were simple, and most were generated by government agencies. Use Figure 1-3 to illustrate your explanation. 3. By the mid-1980s, Xtree Gold appeared on the market and recognized file types and retrieved lost or deleted files. Norton DiskEdit soon followed and became the best tool for finding deleted files. Guide to Computer Forensics and Investigations, Fourth Edition Teaching Tip 1-4 Read more about Xtree Gold at: http://en.wikipedia.org/wiki/XTree. 4. Mention that in1987, Apple produced the Mac SE, a Macintosh with an external EasyDrive hard disk with 60 MB of storage. Use Figure 1-4 to illustrate your explanation. 5. Explain that by the early 1990s, specialized tools for computer forensics were available. The International Association of Computer Investigative Specialists (IACIS) introduced training on software for forensics investigations and the IRS created search-warrant programs. Teaching Tip Read more about IACIS at: www.iacis.com/iacisv2/pages/home.php. 6. Mention that ExpertWitness, created by ASR Data for the Macintosh, was the first commercial GUI software for computer forensics. ExpertWitness could recover deleted files and fragments of deleted files. 7. Mention that the introduction of large hard disks posed new problems for investigators. Other software that was developed for computer forensics includes iLook and AccessData Forensic Toolkit (FTK). Understanding Case Law 1. Explain that since technology is evolving at an exponential pace, existing laws and statutes can’t keep up with the rate of change. 2. Explain that when statutes or regulations don’t exist, case law is used. Case law allows legal counsel to use previous cases similar to the current one because the laws don’t yet exist. Each new case is evaluated on its own merit and issues. Developing Computer Forensics Resources 1. Explain that you must be familiar with more than one computing platform, such as DOS, Windows 9x, Linux, Macintosh, and current Windows platforms. 2. Mention that you should join as many computer user groups as you can. The Computer Technology Investigators Network (CTIN) meets monthly to discuss problems that law enforcement and corporations face. The High Technology Crime Investigation Association (HTCIA) exchanges information about techniques related to computer investigations and security. 3. Mention that user groups can be especially helpful when you need information about obscure OSs. Guide to Computer Forensics and Investigations, Fourth Edition 1-5 4. Explain that it is recommended that you build a network of computer forensics experts and other professionals, and keep in touch through e-mail. Outside experts can provide detailed information you need to retrieve digital evidence. Quick Quiz 1 1. ____ involves obtaining and analyzing digital information for use as evidence in civil, criminal, or administrative cases. Answer: Computer forensics 2. The term ____ refers to large corporate computing systems that might include disparate or formerly independent systems. Answer: enterprise network environment 3. ____ is the legal process of proving guilt or innocence in court. Answer: Litigation 4. ____ allows legal counsel to use previous cases similar to the current one because the laws don’t yet exist. Answer: Case law Preparing for Computer Investigations 1. Explain that computer investigations and forensics falls into two distinct categories: public investigations and private or corporate investigations. Use Figure 1-5 to illustrate your explanation. 2. Explain that public investigations involve government agencies responsible for criminal investigations and prosecution. These organizations must observe legal guidelines. For example, the law of search and seizure protects the rights of all people, including people suspected of crimes. Use Figure 1-6 to illustrate your explanation. 3. Explain that private or corporate investigations deal with private companies, non-lawenforcement government agencies, and lawyers. Private investigations aren’t governed directly by criminal law or Fourth Amendment issues. They are governed by internal policies that define expected employee behavior and conduct in the workplace. 4. Mention that private corporate investigations also involve litigation disputes. Investigations are usually conducted in civil cases. Understanding Law Enforcements Agency Investigations 1. Explain that in a criminal case, a suspect is tried for a criminal offense such as burglary, murder, or molestation. Computers and networks are only tools that can be used to commit crimes. Guide to Computer Forensics and Investigations, Fourth Edition 1-6 2. Mention that many states have added specific language to criminal codes to define crimes involving computers. 3. Explain that the legal processes depend on local custom, legislative standards, and rules of evidence. Criminal case follows three stages: the complaint, the investigation, and the prosecution. Use Figure 1-7 to illustrate your explanation. 4. Explain that a criminal case begins when someone finds evidence of an illegal act. The complainant makes an allegation, an accusation or supposition of fact. 5. Next, a police officer interviews the complainant and writes a report about the crime. The police blotter provides a record of clues to crimes that have been committed previously. An investigator delegates, collects, and processes the information related to the complaint. 6. Mention that after you build a case, the information is turned over to the prosecutor. 7. Define affidavit as a sworn statement of support of facts about or evidence of a crime submitted to a judge to request a search warrant. Use Figure 1-8 to illustrate your explanation. The affidavit must be notarized under sworn oath. 8. Mention that a judge must approve and sign a search warrant before you can use it to collect evidence. Teaching Tip Read more about affidavits at: http://en.wikipedia.org/wiki/Affidavit. Understanding Corporate Investigations 1. Explain that private or corporate investigations involve private companies and lawyers who address company policy violations and litigation disputes. 2. Mention that corporate computer crimes can involve: a. E-mail harassment b. Falsification of data c. Gender and age discrimination d. Embezzlement e. Sabotage f. Industrial espionage 3. Explain that one way to avoid litigation is to publish and maintain policies that employees find easy to read and follow. Published company policies provide a line of authority for a business to conduct internal investigations. 4. Mention that well-defined policies give computer investigators and forensic examiners the authority to conduct an investigation. Guide to Computer Forensics and Investigations, Fourth Edition 1-7 5. Explain that another way to avoid litigations is to display warning banners. A warning banner usually appears when a computer starts or connects to the company intranet, network, or virtual private network. It informs end users that the organization reserves the right to inspect computer systems and network traffic at will. A warning banner establishes the right to conduct an investigation. Use Figure 1-9 to illustrate your explanation. 6. Mention that an authorized requester has the power to conduct investigations, and this policy should be defined by executive management. 7. Describe the groups that should have direct authority to request computer investigations, including: a. Corporate Security Investigations b. Corporate Ethics Office c. Corporate Equal Employment Opportunity Office d. Internal Auditing e. The general counsel or Legal Department 8. Describe the most common type of situations that require conducting security investigations in a corporate environment, including: a. Abuse or misuse of corporate assets b. E-mail abuse c. Internet abuse 9. Mention that you should be sure to distinguish between a company’s abuse problems and potential criminal problems. 10. Explain that corporations often follow the silver-platter doctrine, which is what happens when a civilian or corporate investigative agent delivers evidence to a law enforcement officer. 11. Explain that many company policies distinguish between personal and company computer property. One area that’s difficult to distinguish involves PDAs, cell phones, and personal notebook computers. The safe policy is to not allow any personally owned devices to be connected to company-owned resources, thereby limiting the possibility of commingling personal and company data. Maintaining Professional Conduct 1. Explain that your professional conduct as a computer investigation and forensics analyst is critical because it determines your credibility. It includes ethics, morals, and standards of behavior. 2. Explain that maintaining objectivity means you must form and sustain unbiased opinions of your cases. Maintain an investigation’s credibility by keeping the case confidential. In the corporate environment, confidentiality is critical. Guide to Computer Forensics and Investigations, Fourth Edition 1-8 3. Mention that in rare instances, your corporate case might become a criminal case as serious as murder. 4. Explain that you can enhance your professional conduct by continuing your training, attending workshops, conferences, and vendor courses. Also, membership in professional organizations adds to your credentials. 5. Mention that you are expected to achieve a high public and private standing and maintain honesty and integrity. Quick Quiz 2 1. The ____ provides a record of clues to crimes that have been committed previously. Answer: police blotter 2. In addition to warning banners that state a company’s rights of computer ownership, businesses should specify a(n) ____ who has the power to conduct investigations. Answer: authorized requester 3. Corporations often follow the ____ doctrine, which is what happens when a civilian or corporate investigative agent delivers evidence to a law enforcement officer. Answer: silver-platter 4. Your ____ as a computer investigation and forensics analyst is critical because it determines your credibility. Answer: professional conduct Class Discussion Topics 1. Describe the three stages of a criminal case. 2. What is case law? How is it used in the American legal system? Additional Projects 1. Ask your students to use the Internet to read more about the Fourth Amendment to the US Constitution and write a report that includes the impact of this amendment when conducting a security investigation. 2. Ask your students to use the Internet to read more about affidavits and write a report with the most important points. In addition, the report should include a general example of an affidavit. Guide to Computer Forensics and Investigations, Fourth Edition 1-9 Additional Resources 1. Fourth Amendment to the United States Constitution: http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution 2. Disaster Recovery: http://en.wikipedia.org/wiki/Disaster_recovery 3. Macintosh SE: http://en.wikipedia.org/wiki/Macintosh_SE 4. General Affidavits: www.ilrg.com/forms/affidavt.html Key Terms affidavit — The document, given under penalty of perjury, that investigators create detailing their findings. This document is often used to justify issuing a warrant or to deal with abuse in a corporation. allegation — A charge made against someone or something before proof has been found. authorized requester — In a corporate environment, the person who has the right to request an investigation, such as the chief security officer or chief intelligence officer. computer forensics — Applying scientific methods to collect and analyze data and information that can be used as evidence. computer investigations — Conducting forensic analysis of systems suspected of containing evidence related to an incident or a crime. Computer Technology Investigators Network (CTIN) — A nonprofit group based in the Seattle–Tacoma, WA, area composed of law enforcement members, private corporation security professionals, and other security professionals whose aim is to improve the quality of high-technology investigations in the Pacific Northwest. criminal case — A case in which criminal law must be applied. criminal law — Statutes applicable to a jurisdiction that state offenses against the peace and dignity of the jurisdiction and the elements that define those offenses. data recovery — A specialty field in which companies retrieve files that were deleted accidentally or purposefully. disaster recovery — A specialty field in which companies perform real-time backups, monitoring, data recovery, and hot site operations. end user — The person who uses a software product and generally has less expertise than the software designer. enterprise network environment — A large corporate computing system that can include formerly independent systems. exculpatory — Evidence that indicates the suspect is innocent of the crime. exhibits — Items used in court to prove a case. Fourth Amendment — The Fourth Amendment to the U.S. Constitution in the Bill of Rights dictates that the government and its agents must have probable cause for search and seizure. Guide to Computer Forensics and Investigations, Fourth Edition 1-10 High Technology Crime Investigation Association (HTCIA) — A nonprofit association for solving international computer crimes. hostile work environment — An environment in which employees cannot perform their assigned duties because of the actions of others. In the workplace, these actions include sending threatening or demeaning e-mail or a co-worker viewing pornographic or hate sites. inculpatory — Evidence that indicates a suspect is guilty of the crime with which he or she is charged. industrial espionage — Selling sensitive or proprietary company information to a competitor. International Association of Computer Investigative Specialists (IACIS) — An organization created to provide training and software for law enforcement in the computer forensics field. line of authority — The order in which people or positions are notified of a problem; these people or positions have the legal right to initiate an investigation, take possession of evidence, and have access to evidence. litigation — The legal process leading to a trial with the purpose of proving criminal or civil liability. network intrusion detection and incident response — Detecting attacks from intruders by using automated tools; also includes the manual process of monitoring network firewall logs. notarized — Having a document witnessed and a person clearly identified as the signer before a notary public. police blotter — A log of criminal activity that law enforcement personnel can use to review the types of crimes currently being committed. professional conduct — Behavior expected of an employee in the workplace or other professional setting. right of privacy — The belief employees have that their transmissions at work are protected. search and seizure — The legal act of acquiring evidence for an investigation. See Fourth Amendment. search warrants — Legal documents that allow law enforcement to search an office, a place of business, or other locale for evidence related to an alleged crime. silver-platter doctrine — The policy requiring an investigator who is not an agent of the court to submit evidence to law enforcement when a criminal act has been uncovered. vulnerability assessment and risk management — The group that determines the weakest points in a system. It covers physical security and the security of OSs and applications. warning banner — Text displayed on computer screens when people log on to a company computer; this text states the ownership of the computer and specifies appropriate use of the machine or Internet access.