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Last updated on 2024年7月26日

How can you ensure that your computer forensics work is admissible in court?

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Computer forensics is the process of collecting, analyzing, and presenting digital evidence from computers and other devices in a way that is legally acceptable and reliable. If you are a computer forensics professional or aspiring to be one, you need to know how to ensure that your work is admissible in court. Here are some tips to help you follow the best practices and standards in your field.

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David? Padilla Alvarado

Offensive Security Engineer @Plexus Tech | Founder Member at @Hackén | x3 Cybersecurity Masters Degree | x3 CVE | MBA |…

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Nishan Akulwar

Team Lead | Fraud Investigation | KYC-AML | Data Analysis

1 Understand the legal requirements

Different jurisdictions and cases may have different rules and expectations for how computer forensics evidence should be handled, stored, and presented. You need to familiarize yourself with the relevant laws, regulations, and guidelines that apply to your situation. For example, you may need to obtain a search warrant, a consent form, or a court order before accessing or seizing a device. You may also need to follow certain procedures for documenting, labeling, and securing the evidence. You should consult with legal experts and authorities to ensure that you comply with the legal requirements and avoid any potential challenges or objections.

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David? Padilla Alvarado

Offensive Security Engineer @Plexus Tech | Founder Member at @Hackén | x3 Cybersecurity Masters Degree | x3 CVE | MBA | OSCP | CRTO | PNPT | eWPT | eCPPTv2 | eJPT | CAP | CSX | CCNA | x7 Hall of Fame
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To ensure that computer forensic work is admissible in court, it is critical to follow rigorous and ethical practices. This includes maintaining the integrity of digital evidence, properly documenting processes and results, using industry-accepted tools and methodologies, and having qualified experts to testify about findings. In addition, it is crucial to comply with relevant laws and regulations and follow the protocols established by the legal system.

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2 Follow the forensic process

The forensic process is a systematic and repeatable method of acquiring, examining, analyzing, and reporting on digital evidence. It consists of four main phases: identification, preservation, analysis, and presentation. You should follow the forensic process to ensure that you perform your work in a consistent, accurate, and transparent manner. You should also use tools and techniques that are widely accepted and validated by the computer forensics community. You should document every step of the process, including the sources, methods, results, and findings of your work. You should also maintain a chain of custody, which is a record of who handled the evidence, when, where, and why.

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David? Padilla Alvarado

Offensive Security Engineer @Plexus Tech | Founder Member at @Hackén | x3 Cybersecurity Masters Degree | x3 CVE | MBA | OSCP | CRTO | PNPT | eWPT | eCPPTv2 | eJPT | CAP | CSX | CCNA | x7 Hall of Fame
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As a cybersecurity professional, I believe that the digital forensic process is critical to the identification and mitigation of security incidents. It provides a structured framework for evidence collection and analysis, enabling an effective response to cyber threats. In addition, its systematic and repeatable nature ensures the integrity and reliability of findings, facilitating informed decision making to protect critical systems and data.

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3 Preserve the integrity of the evidence

One of the most important principles of computer forensics is to preserve the integrity of the evidence, which means to prevent any alteration, damage, or loss of the original data. You should use methods and tools that minimize or avoid any changes to the evidence, such as write blockers, hashing, and encryption. You should also create copies or images of the evidence and work on them instead of the original source. You should verify that the copies or images are identical to the original by using hash values, which are unique codes that identify the data. You should also store the evidence in a safe and secure location, and protect it from unauthorized access, tampering, or destruction.

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David? Padilla Alvarado

Offensive Security Engineer @Plexus Tech | Founder Member at @Hackén | x3 Cybersecurity Masters Degree | x3 CVE | MBA | OSCP | CRTO | PNPT | eWPT | eCPPTv2 | eJPT | CAP | CSX | CCNA | x7 Hall of Fame
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In my opinion, I believe that the digital forensic process is critical to investigating incidents and ensuring the integrity of evidence. Preserving the chain of custody and following rigorous protocols are crucial to obtain reliable results and defend against cyber threats.

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WILBER GAVIRIA ALVAREZ

Esp. Seg. Informática, consultor, asesor en ciberseguridad, investigador, perito en informática forense y análisis de evidencia digital. Blue Team-Resp. Incident
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Documentando todo lo realizado, aplicando buenas prácticas que garanticen la integridad de la evidencia digital y su cadena de custodia.

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4 Present the evidence clearly and objectively

The final phase of the forensic process is to present the evidence in a clear and objective manner, either in a written report or in a verbal testimony. You should explain the purpose, scope, and methodology of your work, as well as the results and findings. You should also provide supporting documentation, such as logs, screenshots, or transcripts. You should avoid any technical jargon or complex terms that may confuse or mislead the audience. You should also be prepared to answer any questions or challenges that may arise from the opposing party, the judge, or the jury. You should be honest, confident, and professional in your presentation, and avoid any bias or speculation.

By following these tips, you can ensure that your computer forensics work is admissible in court and that you can provide reliable and credible evidence that can help solve cases and deliver justice.

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David? Padilla Alvarado

Offensive Security Engineer @Plexus Tech | Founder Member at @Hackén | x3 Cybersecurity Masters Degree | x3 CVE | MBA | OSCP | CRTO | PNPT | eWPT | eCPPTv2 | eJPT | CAP | CSX | CCNA | x7 Hall of Fame
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I think clear and objective presentation of evidence in cybersecurity is crucial for identifying threats, assessing risks and taking effective action. As a cybersecurity professional, I believe that transparency and accuracy in the communication of findings are fundamental to efficient incident response and to ensure the protection of critical data and systems.

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5 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?

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Nishan Akulwar

Team Lead | Fraud Investigation | KYC-AML | Data Analysis
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Admissibility of Digital Evidence Authenticity. Reliability. Completeness. Relevance. Steps involved in digital forensic: Identification Preservation Analysis Documentation Presentation

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Bruno Moro Ferrari

Perito - Digital Forensics
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O que é imprescindível s?o os objetivos e a objetividade. Entenda o objetivo da perícia , qual o propósito dela ocorrer, o que deu a origem a necessidade de se realizar essa perícia. Um objetivo geral é trazer evidências para os operadores de direito seguirem com o processo Quem você está apoiando tecnicamente é importante, porque muda a maneira de trabalhar, seja a acusa??o , a defesa ou auxiliando o Juiz ou mediador. A objetividade de um exame é uma característica essencial da perícia; se resguardar em fatos , observa??es e quest?es objetivas é o caminho para uma boa perícia . Pode trazer análises subjetivas ou uma conjectura de fatores objetivos que apontam para uma possível situa??o.

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JOHN AMBROSE JOHNSON

CYBER SECURITY ANALYST
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The chain of custody has to be followed to the latter. When giving evidence,put yourself in the position of the layman. Assume he knows nothing and you are talking to your child. Keep it simple.

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How can you ensure that your computer forensics work is admissible in court?

1

2

3

4

5

1 Understand the legal requirements

2 Follow the forensic process

3 Preserve the integrity of the evidence

4 Present the evidence clearly and objectively

5 Here’s what else to consider

Cybersecurity

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How can you ensure that your computer forensics work is admissible in court?

1

2

3

4

5

1 Understand the legal requirements

2 Follow the forensic process

3 Preserve the integrity of the evidence

4 Present the evidence clearly and objectively

5 Here’s what else to consider

Cybersecurity

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