What Is The Nature Of The Alleged Crime, And How Does The ✓ Solved

What is the nature of the alleged crime, and how does the

You are an employee at D&B Investigations, a firm that contracts with individuals, companies, and government agencies to conduct computer forensics investigations. D&B employees are expected to observe the following tenets: give concerted attention to clients’ needs and concerns; follow proper procedures and stay informed about legal issues; and maintain the necessary skill set to apply effective investigative techniques using the latest technologies.

Your manager has scheduled a meeting with Brendan Oliver, a celebrity whose public relations team discovered that someone obtained three sensitive photos from his smartphone and attempted to sell them to the media. Mr. Oliver has not yet notified law enforcement and seeks D&B's guidance on how to investigate this incident and prevent future occurrences. The public relations team speculates that the photos may have been accessed by someone close to Mr. Oliver, despite his phone being secured with a passcode. Additionally, he previously emailed the photos to another person, who he believes would not have disseminated them further.

To prepare for the meeting, your manager asks you to consider the following questions:

1. What is the nature of the alleged crime, and how does it influence a prospective investigation?
2. What is the rationale for launching a computer forensic investigation based on the limited information provided?
3. Would D&B or law enforcement need additional information to determine whether to proceed with an investigation? Why or why not?
4. What key points would you share with the client about how investigators prepare for and conduct a computer forensics investigation?
5. What sources of evidence would investigators likely examine in this case? Provide examples and explain your rationale.
6. What actions should the client and investigators take (or avoid) to ensure that evidence is admissible in court?
7. What questions and concerns do you think the client will have? What questions should the team ask the client to learn more and determine next steps?

Paper For Above Instructions

The nature of the alleged crime in this scenario concerns the unauthorized access and potential trafficking of private digital content, specifically three sensitive photos from a celebrity’s smartphone. This situation raises significant concerns regarding privacy invasion, copyright infringement, and the violation of personal data protection laws. The nature of this crime influences the prospective investigation by necessitating a specialized approach that incorporates legal, technical, and ethical considerations. It is essential to establish how the photos were accessed (for example, through hacking, insider access, or other means), as this will guide the methodology for the forensic investigation.

A computer forensic investigation is warranted due to the need to trace unauthorized access and secure evidence that may support the client's interests while navigating potential legal ramifications. The sensitive nature of the photos suggests that this breach may not only cause reputational harm to the client but also raise concerns about the exploitation of private moments for financial gain. Hence, a thorough investigation is essential not just for identifying the perpetrator but also for documenting the breach and formulating a strategy to prevent future incidents.

In order to determine whether to proceed with an investigation, both D&B and law enforcement would require additional information. The key factors include the method of access, the identity of the person who obtained the photos, and any digital footprints left behind that could lead back to the perpetrator. Without this information, it may be difficult to establish a clear direction for the investigation or the viability of pursuing legal action.

When preparing for a computer forensic investigation, several key points should be addressed:

• Comprehensive understanding of the crime: Assessing the context, potential legal implications, and stake for all parties involved will help shape the investigation's focus.
• Establishing a forensic chain of custody: This ensures that all evidence collected is properly documented, handled, and preserved to maintain its integrity.
• Utilizing the right tools and technologies: Investigators must use specialized forensic tools that are proven effective in recovering, analyzing, and preserving digital evidence.
• Planning for a thorough examination: A structured approach to uncovering various points of access, including the analysis of devices, networks, and digital communications, is critical.
• Ensuring compliance with legal standards: Understanding relevant laws about privacy, data protection, and applicable regulations is vital in upholding the evidence's admissibility in a court of law.

In this case, investigators might examine several sources of evidence:

• Smartphone Analysis: A thorough investigation of Mr. Oliver's smartphone could reveal logs of recent activities, including app usage and access patterns.
• Email Correspondence: Investigators should review email data to explore any exchanges related to the photos and potential unauthorized access.
• Social Media Accounts: Examining his social media accounts may help identify any suspicious interactions that could lead to breaches.
• Access Logs: Analyzing system access logs may pinpoint the times and methods used to access the photographs.

To ensure that evidence is admissible in court, it is critical that both investigators and the client take appropriate actions. That includes avoiding any alterations, deletions, or mishandling of evidence. It is imperative to document all processes, maintain the integrity of the evidence, and follow established legal protocols during collection and analysis. Layman’s terms for understanding this might include explaining concepts such as “chain of custody” as the process of tracking evidence from the moment it is collected to its presentation in court, thereby ensuring that it is credible and reliable.

The client may have several concerns and questions that could include worries about the privacy implications of the investigation, potential reputational damage, and what steps D&B will take to safeguard his personal and professional interests during the process. They may also inquire about timelines for the investigation and potential outcomes. To gain insights into the case and understand the next steps, the team should ask the client about the timeline leading to the discovery of the breach, any specific contacts that might be relevant, and what security measures were in place at the time the photos were accessed. Understanding the full context will assist in devising an actionable strategy for the investigation.

References

• Casey, E. (2011). Digital Evidence and Computer Crime: Forensic Science, Computers, and the Internet. Academic Press.
• Garner, B. A. (2019). Black's Law Dictionary (11th ed.). Thomson Reuters.
• Kerr, O. S. (2018). Computer Crime Law. Cengage Learning.
• Pollitt, M. (2010). An overview of computer forensics. In The Handbook of Computer Networks (pp. 129-148). Wiley.
• Reith, M., Carr, C., & Gunsch, G. (2002). An examination of digital forensic models. International Journal of Digital Evidence, 1(3).
• Sarah, A. (2017). The importance of digital chain of custody. Digital Forensics Magazine.
• Samar, S., & Zayan, M. (2014). Digital forensics and the law: A legal perspective. International Journal of Computer Applications, 101(13).
• Sims, C. (2019). Cybersecurity and privacy law handbook. Wiley.
• Turner, A., & Turnbull, S. (2015). Computer forensics: Investigating network intrusions and data breaches. Syngress.
• West, M. (2018). Understanding the common law of evidence. Journal of Legal Studies, 15(4).