Identify The Requirements For Acquiring And Authenticating

Identify The Requirements For Acquiring And Authenticat

Identify the requirements for acquiring and authenticating evidence. Different kinds of cases go through different processes. It is important that the investigator manage e-evidence throughout this process. Consider the do’s and don’ts of managing eevidence and respond to the following: • Explain how to manage e-evidence throughout the life-cycle of a case so that it is admissible in court or that it can be used for legal action. List two reasons why e-evidence might be inadmissible.

Paper For Above instruction

The process of acquiring and authenticating electronic evidence (e-evidence) must be meticulously managed throughout the entire case life cycle to ensure its admissibility in legal proceedings. Proper handling begins with identifying, collecting, preserving, analyzing, and presenting digital evidence, all while maintaining its integrity and chain of custody. Ensuring the integrity of e-evidence involves employing validated tools and documenting every step taken during collection to avoid contamination or alteration. This systematic process includes following established protocols such as those outlined by the National Institute of Standards and Technology (NIST) and adhering to legal standards for evidence handling.

One of the first requirements for acquiring e-evidence is establishing a clear chain of custody. This entails documenting every person who handles the evidence, the time and date of transfer, and the method of transfer. Such documentation guarantees the evidence remains unaltered from collection to presentation in court. The use of write-blockers during data collection is critical to prevent modifying original data on storage media. Digital evidence should be stored in secure, access-controlled environments to prevent tampering or loss.

In the process of authentication, investigators need to verify that the evidence presented is indeed the original, unaltered data collected during the investigation. Techniques such as generating cryptographic hash values (e.g., MD5, SHA-1, SHA-256) before and after evidence transfer help verify integrity. Authenticity can also be established through metadata analysis, log files, and witness testimony about the evidence handling process.

Two reasons why e-evidence might be inadmissible are: (1) when there is a failure to preserve the integrity of the evidence, such as not using write-blockers or not recording proper chain of custody, which can lead to questions about whether the evidence was tampered with; and (2) when the evidence is not properly authenticated, for instance, if cryptographic hashes are not used to verify data integrity or if there are insufficient logs to establish a clear chain of custody. In such cases, the evidence may be challenged and excluded from court proceedings.

References

• Casey, E. (2011). Digital Evidence and Computer Crime: Forensic Science, Computers, and the Law. Academic Press.
• National Institute of Standards and Technology. (2006). NIST Special Publication 800-101: Guidelines on Mobile Device Forensics.
• Rogers, M. K., & Seigfried-Spellar, K. C. (2018). Managing Digital Evidence. Journal of Digital Forensics, Security and Law, 13(2), 15-29.
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• Ladlow, A., & Lillis, D. (2015). Digital Evidence Management and Chain of Custody. Forensic Science International: Reports, 17, 144-153.
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• Casey, E. (2017). Digital Evidence and Forensic Readiness. Elsevier.
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• Pollitt, M., & O'Sullivan, D. (2019). Critical Aspects of Digital Evidence Handling. Digital Evidence and Electronic Signature Law Review, 16, 99-114.