computer forensics science
computer forensics science
By Michael Potaczala
CHS5937
12/6/2001
Table of Contents
4. Leading texts and scientific journals dealing with the discipline ........................................... 4
13. Problems that have arisen in the discipline (technological flaws, unqualified "experts",
high error rates, etc.) and how they have been addressed............................................................. 31
15. History of court admissibility under both Frye and Daubert ............................................ 33
The roots of computer forensics start with the first time a system administrator had to figure out
how and what a hacker had done to gain unauthorized access to explore the system. This was
mainly a matter of discovering the incursion, stopping the incursion if it was still in progress,
hunting down the hacker to chastise him or her, and fixing the problem allowing the
unauthorized access to begin with. In the beginning, the classic hackers breaking into computer
systems were more interested in how things work than actually being malicious. So, collecting
evidence for a hearing was not a process a system administrator needed to worry about. Just
plug the hole, and often get back to personal hacking projects.
As computers evolved out of academia to businesses and government, there was more data and
resources at risk. Hacker incursions became an issue handled through legal channels. Also, as
computer technology advanced, it became more affordable. This allowed computers to be put
not only on each employee's desk of even small business, but in people's homes. More people
looking for uses for the computers lead to the increase in supply of programs. More programs
Evidence derived from computers has been used in court for almost 30 years. Initially, judges
accepted the evidence as no different from forms of evidence they were already seeing. As
became ambiguous. In 1976, the US Federal Rules of Evidence was passed to address some of
the ambiguities.
A lot has evolved with computers since 1976. One item of significance is the Internet. This
information superhighway has become a major passage of items that fall under legal scrutiny.
Another item is the amount of data an individual computer can hold. Personal computers of the
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early 1980's had no internal storage and the removable storage only held 360-kilobytes per
diskette. Today, an average personal computer bought for teenager game playing and Internet
cruising hold internally 40 billion bytes of data and removable disks hold from 2 million bytes to
2 billion bytes. Large server computers used by academia, government, and business are starting
with internal storage averaging 100 billion bytes and have the expandability to use storage
This explosion of technology, while providing many times the computing power of the building
size computers of the beginning, have made the field of computer forensics exponentially more
complicated from the relativity simple tasks of evidence gathering only 5 years ago.
Ability to intercept a Palm Pilot PDA password either by monitoring the traffic between the PDA
and a workstation with a Palm Pilot cradle or by initiating a synchronization update between the
Ability to analyze image files to detect if a message is hidden in the file using steganography.
Niels Provos and Peter Honeyman at the University of Michigan have developed a process using
statistically analysis of a JPEG image to detect if there is a steganographic item stored in the
JPEG. Neil Johnson, a researcher at George Mason University, is working on being able to
identify steganographic items in BMP and GIF images files as well as WAV and AU sound files.
Tracking current leaders in computer forensics is not an easy task. The people doing the cutting
edge work commonly are employed by agencies like the NSA or CIA. So, even if they can gain
authorization to publish their work, likelihood is it isn't published under their actual name. When
these people are able to publish their wealth of knowledge, is after they have left the employer
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and all contractual silence is honored. Outside of the government secret agencies, the next place
leaders in the field are found is in the ranks of professors of Computer Science and Engineering
These are some of the people making advancements for Computer Forensics:
founding Infidel, Inc, she worked for the NSA for 12 years. She led the Computer
Misuse and Anomaly Detection (CMAD) Research program from 1989 through
Technology. She then left the NSA in 1996 to serve as Deputy Security Officer
• Peter Sommer
especially well placed to develop his current research interest in the legal
Technology.
3
• Gene Spafford
faculty since 1987. His current research interests are primarily in the areas of
also director of the Purdue CERIAS (Center for Education and Research in
Information Assurance and Security), and was the founder and director of the
Security Officer for Purdue University. Related to this, he is the founder and de
• David J. Icove
the Center for Secure Information Systems. His projects include steganography,
The number of texts available, although sparse, has grown immensely in recent months. This is
a summary of ones I have found and, if not in my possession, brief write-ups available from the
publishers.
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Computer Fraud & Security. Published by Elsevier Science Ltd.
(http://www.elsevier.com/locate/compfraud)
Topics covered: Current News, Security Reports, Technical aspects, Audit and
(http://www.forensic-computing.com/)
mail for evidential use, forensic techniques on the Internet and Intranet, audit
documents and associated forensic sciences, link analysis, litigation support and
(http://www.csl.sri.com/programs/security/jcs/jcshome.html).
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computer systems and networks. It also provides a forum for ideas about the
opportunity to publish articles of greater depth and length than is possible in the
Computer Forensics: Computer Crime Scene Investigation. John R. Vacca. Charles River Media.
Dec 2001.
recovery techniques to auditing methods and services, discusses data seizure and
information warfare, case studies and vignettes of actual computer crimes are
used, and CD includes demos of the latest computer forensics and auditing
software.
Cyber Forensics: A Field Manual for Collecting, Examining, and Preserving Evidence of
Computer Crimes. Albert J. Marcella, Robert S. Greenfield. CRC Press. Dec 2001.
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Cyber Crime Investigator's Field Guide. Bruce Middleton. CRC Press. Nov 2001.
Topics covered: Questions to ask the client, Steps to follow when you arrive at the
client's site, Procedures for collecting evidence, Details on how to use various
commands
Handbook of Computer Crime Investigation: Forensic Tools & Technology. Eoghan Casey.
Topics covered: The Other Side of Civil Discovery, The EnCase Process, Incident
Computer Forensics: Incident Response Essentials. Warren G. Kruse II, Jay G. Heiser. Addison-
Basics of Hard Drives and Storage, Encryption and Forensics, Data Hiding,
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Investigating a Unix Host, Introduction to the Criminal Justice System, Internet
Crowbar Unix Hosts, Creating a Linux Boot CD, Contents of a Forensic CD.
Computer Forensics and Privacy. Michael Caloyannides. Artech House. Sept 2001
Topics covered: Identify the specific areas where sensitive and potentially
truly removing this data, Install operating systems and application software that
that are connected to the Internet are protected from malicious mobile code and
tools, such as keystroke storing and relaying hardware and software, are in use in
a computer
Incident Response. Kenneth R. Van Wyk, Richard Forno. O’Reilly & Associates. July 2001.
the Incident Response Program, Mission and Capabilities, State of the Hack,
Report
Incident Response: Investigating Computer Crime. Chris Prosise, Kevin Mandia. McGraw-Hill
reacting to such activity when it's detected, coverage of Windows and Unix
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fundamentals of incident response, processes for gathering evidence of an attack,
Recent Advances in Intrusion Detection: Third International Workshop, Raid 2000, Toulouse,
France, October 2-4, 2000: Proceedings (Lecture Notes In). Herve Debar, Ludovic Me, S. Felix
Topics covered: logging, data mining, modeling process behavior and IDS
evaluation
Topics covered: Analysis of TCP/IP traffic, with an eye toward detecting and
halting malicious activity, both manually and automatically, tools for finding
weaknesses and initiating attacks, and the signatures that identify these tools.
There's discussion of the vulnerabilities that exist in services, such as IMAP and
Concepts, PC Hardware and Inside the Box, Disk Geometry, The Treatment of
Practical Intrusion Detection Handbook. Paul E. Proctor. Prentice Hall PTR. Aug 2000.
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Detection, Intrusion Detection Project Lifecycle, Justifying Intrusion Detection,
Intrusion Detection
Secret Software: Making the Most of Computer Resources for Data Protection, Information
Recovery, Forensic Examination, Crime Investigation and More. Norbert Zaenglein. Paladin Pr.
July 2000.
Topics covered: computer privacy, hackers and attackers, computer crime and
Digital Evidence and Computer Crime: Forensic Science, Computers, and the Internet. Eoghan
Transport and Network Layers, Digital Evidence on the Data-Link and Physical
Intrusion Detection (Macmillan Technology Series). Rebecca Gurley Bace. Pearson Higher
detection systems, Methods for handling the results of analysis, and the options
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for responses to detected problems, Data sources commonly used in intrusion
detection and how they influence the capabilities of all intrusion detection
systems, Legal issues surrounding detection and monitoring that affect the design,
of the technology, as well as how future changes may affect your systems, Guide
problems and tie the results back into the site security management process,
marketing issues to bridge the investigative process, Provides high tech tools,
Topics covered: commercial tools, strategies for processing security audit trails,
based honey pots and traps, and incident response, disaster recovery
Disk Detective – Secrets You Must Know to Recover Information from a Computer. Norbert
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Topics covered: what types of information can be recovered from IBM-
mail messages
Computer Crime: A Crimefighter's Handbook. David Icove, Karl Seger & William VonStorch.
Topics covered: Introduction to Computer Crime, What Are the Crimes, Who
Commits Computer Crimes, What Are the Laws, What Is at Risk, Physical
(http://www.cerias.purdue.edu/)
The Center for Education and Research in Information Assurance and Security, or
CERIAS, is the world's foremost University center for multidisciplinary research and
(http://www.cerias.purdue.edu/coast/).
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COAST Laboratory is now part of CERIAS. It was a multiple project, multiple
for incident reporting, handling, prevention and recognition. The purpose is to ensure
the government has critical services available in order to withstand or quickly recover
The need for an incident handling capability that crosses agency boundaries has never
been greater. Global network connectivity is a common place for information exchange
and is crucial for conducting everyday operations. However, the benefits can be
incidents that have occurred in the past year, along with the increase and complexity of
The report issued by the President's Commission for Critical Infrastructure Protection
(PCCIP) highlights the necessity for the Federal community to deal effectively and
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rapidly with threats to information technology resources. The Commission has
recommended the establishment of a capability that will coordinate with other Federal
initiatives, when necessary, to analyze and resolve the threats to the critical information
related IT resources.
provide both proactive and reactive security services for the Federal government.
The primary purposes of the FedCIRC are to provide the means for Federal agencies to
work together to handle security ncidents, share related information, solve common
security problems and to collaborate with the National Infrastructure rotection Center
(NIPC) for the planning of future infrastructure protection strategies and dealing with
criminal activities that pose a threat to the critical information infrastructure. FedCIRC
private industry
• Promoting incident response and handling procedural awareness within the Federal
government
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• Fostering cooperation among Federal agencies for the effective prevention,
• Providing the means for communication of alert and advisory information regarding
• incident situations
FedCIRC is the centralized coordinating facility that brings together, common security
and incident response elements from the Federal government, Law enforcement,
Academia and Private Industry to jointly address threats to components of the critical
infrastructure.
(www.ecii.edu/cfrdc.html)
The Computer Forensics Research and Development Center (CFRDC) of Utica College
forensics that was conducted by Chet Hosmer (President of WetStone Technologies, Inc.)
and Dr. Gary R. Gordon, (Professor of Economic Crime Programs at Utica College) and
identified a crucial need for an organization to facilitate the research and development of
a new generation of computer forensic tools and methods. The CFRDC brings together
key organizations from the military, law enforcement, commercial industry, and
academe, to help rapidly advance the emerging field of forensic information sciences.
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The center is located at Utica College and is governed by a Board of Advisors. Dr.
The Information Directorate of the Air Force Research Laboratory is a vibrant confluence
building, exploiting, and brokering the science and technology associated with meeting
America's aerospace information technology needs for the 21st century. We are located at
the Griffiss Business and Technology Park in Rome, New York. The Information
Directorate was previously know as Rome Laboratory. The name was changed as part of
the Air Force's consolidation of its four research laboratories into a single Air Force
The Information Directorate of the Air Force Research Laboratory develops systems,
concepts and technologies to enhance the Air Force's capability to successfully meet the
challenges of the information age. We develop and integrate programs to acquire data.
We find better ways to store, process and fuse data to make it into information. Finally,
we create means to deliver and present tailored information to allow the military
decision-maker to have the total sphere of information needs for successful operations
worldwide. Our research and development is an ongoing process made necessary by the
rapidly changing technology available to the world community and the ever changing
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The Florida Association of Computer Crime Investigators (FACCI) is a not-for-profit
association which was formed for the purpose of providing training, resource sharing,
legal updates, and networking opportunities to aid Florida law enforcement agencies and
FACCI was formed in early 1990 by individual law enforcement officers, prosecutors
and corporate security representatives in response to concerns about the use of computers
and other high technology by very diverse types of criminals. FACCI's founding
computer and computer-supported crime. Emphasis was, and is, on defining the processes
of identifying when such crimes have occurred, investigating them, and developing
Embodied in the original concept was a membership comprised of highly trained and
self-motivated individuals who could assist law enforcement with high-tech crime,
negating the perpetual problem of agencies having to "go begging" for help when high-
tech crimes occur. It was also envisioned that FACCI would work with our legislators
concerning legal issues from the law enforcement and prosecutorial perspective. FACCI's
mission also includes fostering and encouraging like organizations in other states, and
encourage, promote, aid and effect the voluntary interchange of data, information,
experience, ideas and knowledge about methods, processes, and techniques relating to
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The International Association of Computer Investigative Specialists (www.cops.org)
professionals. Regular IACIS members have been trained in the forensic science of
the field of computer forensic science. Virtually all law enforcement agencies have
encountered criminals that use computers in the commission of a crime, or that commit
computer crimes. Many agencies do not have officially trained personnel to deal with
computer evidence in accordance with the laws of search and seizure, and the rules of
evidence. IACIS exists to create and establish procedures, train personnel, and certify
IACIS offers professional training in the seizure and processing computer systems. This
training incorporates forensic methods for searching seized computers in accordance with
the rules of evidence and laws of search and seizure. This includes evidence that has been
horses, TSR's or other destruction devices that could destroy either the evidence, the
physical computer, or both. IACIS provides an opportunity to network with other law
enforcement officers trained in computer forensics, to share and learn from other
experiences, and develop a pool of expert assistance to draw upon. IACIS members
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searching tools and programs that are only available to IACIS trained law enforcement
professional.
6. Certification programs
intl.com).
(www.iptm.org).
The scope of computer forensics covers a wide field, which continues to grow as computer
technology proliferates its way into every aspect of modern life. The base of computer
forensics is recovering data from floppy disks, hard drives, and removable drive cartridges.
Recovering data can be just finding it among the active files. Often, it will also include
searching the media for files that have been deleted and been listed as unallocated space.
When dealing with someone, who is actively attempting to hide information, scouring media
Within the files found on the media, the scope of what can be found continues to grow. Files
early in the discipline were mostly limited to text documents, spreadsheets, and bulky
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images. Now on the file level, forensic complications of compression, encryption, password
protection, and steganography have been added to the mix. The type of data being found in
files has increased also. The operating systems now have configuration files and memory
swap files. Now, practically program has its own set of temporary files. Printing is now
done mainly via a queue-based system, so there are spool files with possible evidential value.
The average web browser has a history file, cookie file, a file of user saved web page
On the hardware side recent additions include smart cards with 4 to 64 kilobytes of data
space to current USB dongles with up to 64 megabytes of data space. Handheld devices like
electronic organizers and personal digital assistants can have megabytes of data. Some
handwriting, passwords, phone book, text messages, voice messages, and web browsing
associated files. Some even contain Global Positioning System connections leaving behind a
Another place evidential data has the possibility of being recovered is on the printers now
available. Some have large caches of memory from which documents have the potential of
being retrievable. Printers intended for large network setups occasionally also have hard
drive type media on board for storage of files queued to print. The printer head, toner
cartridge, or ink cartridge may also prove useful as physical evidence to show a printout
A branch of computer hardware, which grew out of the need to share data more quickly and
the want for centralized servers to store data, is the computer network. As these networks
grew and interconnected, the Internet evolved. The interconnection of all these computers
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opened up new routes for people to attempt to access and destroy the information stored on
them. This created the need to have utilities to monitor network traffic and the people to
understand what the utilities are showing them. Additional challenges are coming on-line as
large wireless networks are being brought into service. In some cases, entire college
campuses are being outfitted with a wireless network grid and some metropolitan areas are
considering and quietly testing citywide wireless networking to offer to their populations.
The intersecting scope tree is where computers are being used so evidence is left behind.
These include auction fraud, child exploitation, computer intrusion, death investigation,
domestic violence, counterfeiting, email used for threats, harassment, and stalking, extortion,
gambling, identify theft, narcotics, prostitution, and piracy of software, music, images, and
video.
Preparation for a written and practical exam is provided by 80 hours of classroom and
hands-on. After the first 40 hours of class time, a written exam is given. If this test is
After the second 40 hours of class time, a practical exam is given. Six floppy disks with
evidence and technical issues are first. Then a hard drive is given. All seven pieces of
media must be returned unaltered and documentation of all evidence and technical needs
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9. Various forms of examinations conducted
When examining a computer setup, there are two general categories the examination falls into:
on the situation. When dealing with a network intrusion or a server and network setup, which
cannot be made unavailable, live examination is the route taken. If total control can be taken of
In a live or real-time examination, often the goal is to trace and trap network activities of a
system compromise. This involves initially verifying if an intrusion has actually taken place, and
if so, determining how and when the intrusion happened. An additional goal, which can prove to
be more difficult, is to pinpoint the location of the intruder. The primary difficulty of achieving
this goal based in the fact the intruder could be anywhere on the planet. If the intruder is not
someone part of the compromised network system, tracking him or her will likely require the
cooperation of multiple organizations connected to the Internet as well as navigating any legal
barriers as the search for the intruder crosses state and national borders. Due to the legal and
human complexities of tracking down a network intruder, often they go untraced unless the
network system broken into compromises a nation’s security, or the intruder was able to access
or destroy items of substantial monetary value. As supporting evidence of an intrusion, the audit
Depending on the operating system and the settings on each system, audit log files can vary from
The other situation when a live examination often takes place is when data of evidential value are
stored on a network server, which cannot be taken out of service either due to significant
monetary loss or risk to life. Servers falling into this category are ones for large service
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companies like at banks or the servers of a hospital. In this case, the files suspected of having
evidential value are copied from the server to media the investigators can take with them.
The ideal situation is one where full control of a computer system is handed over to the
investigator. The first step before scouring for possible evidence is to make a byte for byte copy
of the media being investigated. If the computer has a 20-gigabyte hard drive, a hard drive of at
least equivalent size, if not brand, is used to copy the data from the suspect computer. In some
cases, software will make a copy of a hard drive by moving the data from the suspect hard drive
to burnable CD-ROMs. The idea behind this is to leave the suspect system as unaltered as
possible. This leaves evidential information such as time-date stamps on files, file ownership,
Once the copy of the suspect media is made, an array of methods can be used to carry out the
examination. The method used often depends on the examiner and the shop employing him or
her. However done, the goal of the exam is to search the media’s files, unallocated space,
When carrying out an examination, the log kept by the examiner is a step by step narrative of
what is done to gather information from the media starting with when the media to be examined
arrived and who it was delivered by. With the chain of custody taken care of, the log would then
detail how the media is handled, how it is protected from being altered, and what process is used
for making a forensic copy of the media. The log would continue addressing what conditions the
media is being examined under—machine time, operating system, software tool set, etc. Then as
each tool is used to process the media, a description of the tool used, the results of using the tool,
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and any printable output from the tool would be added to the log. In the end, anyone who can
follow the steps of the log should be able to duplicate the results of the exam.
After the examination is complete, a report written documenting the data found is produced from
the details of the step-by-step log. Depending on the type of case, creation of the report of data
found may be delayed until the attorney who requested the examination requests the report.
The principles and methods used fall into two primary categories--one, dealing with data on a
workstation or server computer, and a second for dealing with data on an active network.
Data used and held in computer systems is all stored digitally. On its basic level, all data is
stored as a collection of ones and zeros. Storing these collections in specific ways lets us store
befall computer storage media, the ones and zeros are unchanged expect when altered by a
computer. Cases where data can be altered without a computer are exposing media to cold
below 4 degrees Celsius, exposing media to heat above 37 degrees Celsius, introducing the
media into fluctuating magnetic field, or physically altering the media the data is stored on. As
long as the media has undamaged, the ability to retrieve the data on it is next determined by if the
format the data was written can be determined. The format used to write data to media will vary
depending on the media and the operating system or program used to write the data.
Most media specific data format differences are set my manufactures of the media, so it is fairly
constant and often technical information easily available. Operating system media data
formatting difference are set by the writers of the operating system. Often, these formats’
technical information is also easily available. A difficulty is in unrelated operating systems often
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On the media level, common device data formats are:
• FAT12
• FAT16
gigabytes
• FAT32
• NTFS
o Use by Linux
• ISO9660
• HPFS
o Used by OS/2
• SYSV
• UDF
o Used by DVD-ROMs
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• BEFS
• NWFS
• XFS
How ever the media data format is determined, once it is known, the examiner only needs to
apply the format to the data on the media and all data stored there can be sectioned into the
individual parts. These individual parts can also have specific formatting determined by the
program that wrote to the media. Revealing the formatting of individual items, also known as
The program writing the data will determine a file's data format. The format of a data file can
vary from being plain text to being encrypted with a password bypass being needed to access the
file. The occurrence of difficulties like passwords and encryption will often depend on the
sophistication of the computer user. While, many common programs like MS Word, MS Excel,
and Quicken have individual file formats, they also have password and encryption capabilities,
but many users either don't realize this or don't see a reason to use it. The commercial programs
often have their file format details available to the public, their password hiding schemes and
Another aspect of processing data on media is the files the operating system considers trashed or
deleted. Unless the computer user takes specific steps, deleting a file does not actually remove
the data from the media. What it does is just set a flag to the operating system signifying the
space is now available for use. Some operating systems will not reuse deleted file space until all
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the unused free space is in use. Whether an operating system does this or not, there is great
Additional information can be gained from available files besides the known data saved too
them. When a file is written to a media device, it is often written as a block of data. These
blocks can vary in size from 512 bytes to 64 kilobytes. The space after the end of a file not used
when a block is written out is known as slack space. Depending on the operating system, either
zeros or random sections of the computer's active memory is used to fill this space. This is
known as memory slack space. Some operating systems also write out multiple blocks at once,
due to design or media formatting. If all the blocks to be written extents farther then the end of
the file, they are just shown as used, but nothing is written to them. This space is disk slack
space. Each of these can be of great value. Memory slack space can hold things like
unencrypted passwords. Disk slack space can hold portions of deleted files not overwritten.
When dealing with data being collected from a network, the primary device used is known as a
packet sniffer. This device can come in many forms--from a program run on a regular
every piece of data crossing the network it is attached to and makes copies for analysis.
A packet sniffer's job is fairly routine since there is a limited number of formats data available
for moving information over a computer network. While it is possible to create a nonstandard
protocol for moving data on a network, the level of expertise necessary to do so makes it an
uncommon issue.
The most common protocol encountered is called TCP/IP. The name is two of the primarily
used protocols of a large suite of protocols. In the current version of TCP/IP, which is version 4,
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• TCP (Transmission Control Protocol): used to move data in pieces, known as packets, from
one machine to another. TCP specifically verifies data makes it to the destination.
• IP (Internet Protocol): the addressing scheme for machines using the protocol suite.
• UDP (User Datagram Protocol): used to move data packets from one machine to another.
• ICMP (Internet Control Message Protocol): used for low-level operations. This included
routing information, time to get a packet from source to destination, and what gateways a
• IGMP (Internet Group Management Protocol): used for multicasting--the sending of packets
to multiple destinations.
• SLIP (Serial Line Internet Protocol): used to connect a workstation to a server via a modem.
• PPP (Point-to-Point Protocol): used to connect a workstation to server via a modem. Newer
than SLIP--provides data compression to emulate higher connection speeds and better packet
error checking.
• PPPOE (Point-to-Point Protocol Over Ethernet): similar to PPP but modem used is to
Internet service.
• SMTP (Simple Mail Transport Protocol): used to move email between machines.
• SNMP (Simple Network Management Protocol): used for distributed network management.
• RARP (Reverse Address Resolution Protocol): used so a machine can query to find out its IP
address.
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Other common network protocols include:
• SNA (System Network Architecture): protocol used by IBM to link mainframes together.
Organization. A complex and complete set of protocols for every kinds of network
implementation. Was designed after TCP/IP, and has some similarities to it.
• NetBIOS: protocol developed by IBM. Used as initial communication protocol with Token
Ring networks.
• SMB (Session Message Block): Developed by Microsoft and Intel in 1987 and used for
• NetBEUI (NetBIOS Enhanced User Interface): Enhanced version of the NetBIOS protocol
• XNS (Xerox Network Systems): developed by Xerox, but did get the manufacture support
Many packet sniffers, especially commercial ones, can detect and decode most, if not all,
standard network protocols. The sophisticated ones can collect packets going between two
points on a network and display an ongoing listing of the information being passed. The some
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• Evidence of covert packet scanning programs running on local network machines.
When dealing with a network intrusion, the item of great use is the packet sniffer. To examine
for evidential data off-line, a number of tools are available. Generally, which tools are used is
based on the computer system and operating system of the examination computer. For
examiners using a Microsoft Windows based operating system, a common tool is EnCase. Some
A graphical user interface that enables examiners to easily manage large volumes of
computer evidence and view all relevant files, including "deleted" files, file slack and
unallocated data. The integrated functionality of EnCase allows the examiner to perform
all functions of the computer forensic investigation process, from the initial "previewing"
of a target drive, the acquisition of the evidentiary images, the search and recovery of the
data and the final reporting of findings, all within the same application.
For examiners using a Linux based operating system, a tool available and similar to EnCase is
ForensiX. Unfortunately, sale of this software has recently been withdrawn due to concerns of it
violating the Digital Millennium Copyright Act. Without this tool, Linux is still a powerful
system to the computer forensic examiner. The operating system itself provides many tools that
Other tools of interest coming on the market are devices specifically designed for making fast
duplications of media and devices put between the examining computer and the interface to the
media to guarantee the suspect media cannot be altered via examination. This tool provides
forensic examination when copying media of tremendous size is not possible or practical, but an
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13. Problems that have arisen in the discipline (technological flaws, unqualified "experts",
high error rates, etc.) and how they have been addressed
System administrators are often the first people tapped to collect information of a
on the systems they manage, they often have little, if any background, on collecting
information so it retains its forensic value. Also, without the legal background, they may
Many law enforcement personnel do not have the training or background to know what to
do or not to do with computer equipment to maintain forensics integrity of the data. The
person using the computer device may have opportunity to destroy or alter data if the first
responder does not realize to stop the person or a program left running to destroy
evidence.
The items I have addressed so far have been for traditional computer setups—desktop
workstations and servers with networking interconnecting them. With the miniaturization of
electronic components down to near the size of a couple of atoms, the number of computer
Laptop computers, while not new, are seeing increasing popularity as a supplement to a desktop
computer, if not a replacement. They often have the same computing power as a desktop
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computer and can have just as much storage capacity. Due to the compact format of the
computer, opening it up physically has the potential to be more destructive than with desktop
models. And specialize hardware adapters are needed to access the hard drive media from a
The item probably in circulation the most at present is the Personal Digital Assistant (PDA). A
number of companies make these devices. In many cases, the operating system on the PDA
varies company to company, and in some cases model to model. The types of potential evidence
on these devices includes address books, appointment calendars, documents, e-mail, phone
books, test messages, and phone messages. Most of these devices can restrict access with a
password. Since much of digital media stored on PDA’s is on a memory chip continually
powered by batteries, being able to bypass password restrictions to the device and on individual
Another challenge currently making itself a significant speed bump in computer investigations is
the amounts of data modern media can hold. Only 5 years ago, the largest hard drive available
was 1 gigabyte. Currently, 100-gigabyte hard drives are available to the general public. Reports
indicate 400-gigabyte hard drives will be available soon. For removable media, floppy disks of
720-kilobytes or 1.4-megabytes were the bane of computer forensics a few short years ago.
Today, the range of removable media goes from a floppy disk able to hold 120-megabytes to
removable hard disk cartridges holding 2.2-gigabytes. As DVD-ROM burners become in the
price range of the general public, a removable media holding currently 4.7-gigabytes and the
potential for holding 17-gigabytes is in the near future as collected media for investigation.
With larger media being available, methods to search it quicker for potential evidence will be
necessary. The area that provides the possibility for this is parallel processing sets of computers.
32
Linux provides this capability with an operating system package addition doing clustering.
Packages providing this service are the Beowulf project, MOSIX, Legion, Cplant, and PARIS.
These parallel processing cluster techniques will allow less expensive, and possibly surplus
computers, to be used to create the equivalent of a small supercomputer. Besides allowing faster
searching of media, it will also assist in guessing passwords at a highly accelerated rate.
The admissibility of computer forensics appears to be an area the U.S federal and state courts
have been lightly touching on. Of the cases I could find related to computer information or a
computer expert being part of a court proceeding, Daubert and Frye was mentioned sparely in
reference to them. The sparse appellate court opinions on computer evidence have dealt with
trying to apply existing laws to the computer aspect not if the science of computer forensics is
admissible. The other majority of cases before the appellate courts dealing with computers
involves whether the computer equipment was legally seized. If the impression giving by my
interviewee, Sgt. Stenger, is more than a central Florida phenomenon, then the reason the
computer forensics is not being challenged is because the lawyers don’t understand it enough to
make an argument to attempt to challenge it against Frye or Daubert. Or probably better for the
These are case examples are of challenges to computer evidence when attempting to work within
Case 93-8661. U.S. Court of Appeals, 5th Circuit. Steve Jackson Games v. U.S. Secret Service
This case deals with if intercepting email on a server before read by the intended
recipient constitutes an unlawful intercept under the Federal Wiretap Act. The judges
33
Higginbotham, Jones, and Barksdale held it was not and upheld the decision of the U.S.
Case 97-4001. U.S. Court of Appeals, 4th Circuit. USA v. Michael Bruce Sassani
This case deals with if the FBI had established probable cause to obtain the search
warrant which led to the confiscation of computer equipment and digital media
pornography. His actually argument was that the profile of a child pornographer used in
obtaining the search warrant did not pass the Daubert test. The judges Niemeyer,
Butzner, and Michael affirmed the FBI did not violate the 4th amendment with the search
warrant.
According to online information with Ontrack.com, the appellate court affirmed the trial
court’s admission of a duplicate of the defendant’s hard drive, in place of the original.
The court concluded that the state’s best evidence rule did not preclude admission
because the computer expert testified the copy of the hard drive exactly duplicated the
These are cases addressing the admissibility of computer forensic evidence and the programs
Cause 00-1-0026-8. State Superior Court, Okanogan County. State of Washington v. Leavell.
This was a case where Mr. Leavell was facing charges pertaining to child pornography.
The defendant’s attorney attempted to have the computer evidence ruled inadmissible on
two grounds. First being the software used, EnCase, was providing the ‘expert
testimony’ and could not be cross-examined. Second being EnCase did not hold up to
34
Frye. Judge Allan ruled against the first on the grounds the program was a tool of the
examiner, not the actual examiner, quoting State v. Hayden (90 Wash.App. 100; 950 P.2d
1024). On the second, the judge ruled EnCase did meet Frye because it was a tool
available commercially and widely used for recovering computer evidence. Among the
investigator. The judge also cited United States v. Scott-Emuakpor (2000 WL 288443),
backing the person who used the software and testifying to the result did not need be
Case 99-2362-KHV. United States Federal District Court, Kansas. Mathew Dickey v. Steris
In this civil matter, overruled objections from the Plaintiff of the inclusion of testimony
of a computer forensics investigator using Encase. The Plaintiff, Dickey, had brought an
in limine motion seeking to exclude the testimony of an Ernst & Young computer expert
for the Defendant based on results of Dickey’s own computer forensic investigation using
EnCase. The Defendant then attempted to have the Plaintiff’s expert unqualified as an
expert due to her admitting being unfamiliar with the EnCase software. The Judge
overruled the Defendant’s motion, but did allow for the Plaintiff’s expert to be questioned
Case SCR28424. California Superior Court, Sonoma County. People v. Rodreguez. (Pretrial
hearing 1/11/2001)
In this case, a contested hearing took place where the court subjecting EnCase to lengthy
pretrial evidentiary hearing to establish its foundation as a valid and accepted process to
recover computer evidence for admission into court. The defense challenged on two
35
grounds. First that EnCase should be subject to a Frye. Second that the EnCase Report
itself should not be admitted into evidence. Upon conclusion of the hearing, the defense
conceded EnCase was “appropriate and accepted” methodology under the Frye test for
recovering computer evidence. The defense stilled attempted to have the EnCase Report
not admitted into evidence, claiming the Prosecution could not properly authenticate the
15 years
Since 1996
5) Is computer forensic investigation your only responsibility? If not, what are your other
I am the supervisor of the Economic Crimes Squad for the Sheriffs Office. This
function is my primary one. I am currently the only person assigned to the unit
who has the necessary training to perform the function of computer forensics.
36
I have a bachelors degree in Business from the University of Central Florida with
computer forensics.
the Information Technology Sharing Group, and was recently made an associate
I have had basic computer investigations through IACIS. I have also attended
from Guidance Software. I have attended forensic classes through UCF as well.
instructor for IACIS and a part time instructor for Guidance Software.
37
I have always had an interest in computers. In 1986 I discovered that IACIS was
10) What are the common tools and utilities you use to carry out a computer
investigation?
Tools used to carry out an investigation and seizure are seldom more complicated
Antec server cases with the fastest Intel processor available at the time of
purchase. Removable IDE drive trays, SCSI CD and CDRW's to cut down on IRQ
Software also varies. My unit uses such tools as Quickview Plus, Norton Utilities,
image and processing utility commonly used is Encase from Guidance Software.
11) What 'tools' would you want to add to you computer investigation kit if money was
not an issue?
12) How many computer investigations would you estimate you have done?
Over 60.
13) What is the average time to complete a small, medium, and large computer
investigation and what kind of case would you consider each of those sizes?
38
In forensics what you are processing the computer for ie sex crimes, drug
information, gambling, hacking etc does not necessarily give you and idea of how
long it will take you to do the case. The length of a case is usually determined by
how many computers are seized, the type of operating system being used, the size
of the hard drives and number of floppies, CDs, tapes etc. Things can also be
14) What is the average number of computer investigation you will have in progress at
once?
Usually three.
15) What has been the technical issue has given you the most difficultly when doing a
computer investigation?
The hard drive password feature on IBM Travelstar hard drives. This can only be
16) How many computer investigations have led to you testifying in court?
17) When testifying in court or during a deposition for a computer investigation, what
Computer Forensics is still new to the legal community. On my first and to date
only deposition I was excused by the attorney who stated that he did not know
39
18) Has there been an unusual/unexpected way a lawyer has attempted to discredit your
computer investigation?
19) Has a lawyer ever managed to discredit one of your computer investigations?
20) Of your computer investigations, is there a case that is most memorable to you?
I assisted in the investigation of a sex offender. This case was notable in that he
wife. The husband insisted that while he did have sex with his wife it was with her
consent. For proof he stated that he had taped the encounter using the video
camera on his computer and provided it to the detective. The movie file was
located for the time and date of the incident. This proved to be evidence which
cleared the husband. During the entire first part of the encounter he was tied up
by the ex wife.
40
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