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The Courts Government News

Guidelines For Data Gathering And Forensics? 64

lyapunov asks: "I recently attended the Rocky Mountain SANS conference and one of the topics that was brought up was data forensics. The part that I was most interested in was how does one go about gathering data and analyzing it to best facilitate law enforcement agencies and insure that it will withstand the scrutiny of the courtroom. I have poked around the NSA and FBI websites and have not been able to find anything. I would like to hear stories from the Slashdot community of what does and doesn't work, what to be cautious of, and if there are any resources that deal with this subject." I've always wondered how data from a computer is allowed into the courtroom. Considering that such things as a text file are highly volatile, even printouts of said data are suspect: how do you know that text file wasn't edited by a disgruntled law-enforcement officer to get the conviction he needs? What ways do courts use to ensure the validity and integrity of such data?
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Guidelines for Data Gathering and Forensics?

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  • While it is hard to picture how to make it useful in this context, with the software available today, it is possible to ascertain the creator and time of creation of any piece of data. How? Public-key encryption and signing techniques. Just keep your private key is secure, and find a reliable (as in: never cracked by script kiddies) timestamp server. Then, sign your message using your private key (no encryption), hash the signed message, send it to the timestamp server for signing, then append the server's signature to your message. There: you can be certain of the person who signed this text (just check it with the person's public key), plus the time the message was sent to the timestamp server (just check it the server's public key.) A byproduct of signing is that the message cannot be tampered with. If you change its contents, both your signature and the timestamp server's signature will be invalid, and while you can fake your signature again, you can't have the timestamp server sign it again without showing it was done in a later time.

    That brings an interesting idea: you could have all your webserver's logs signed and timestamped periodically. If you can trust the administrator of the machine, then those logs would be safe from tampering.

    While hardly on topic, would anyone care to tell me why Carl Sagan, in Chapter 13 of his book "The Demon-Haunted World", labels cryptography as pseudo-science? Hopefully the Portuguese translation of the book is incorrect. I really appreciate the work of this guy, but I can't picture him labeling a field of mathematics as pseudo-science.

  • First off, if it's pretty rare, it's even more rarely usefull - (and I find it interesting that you think you know what I have and haven't seen) - but you are missing my point. When you control the shells you can easily win the shell game. So what if it's hard to insert a page using the method that you can think of? If I control the shells I can "insert" a page easily. Simply take the whole document out of the evidence room, OCR it, insert and modify at will, and reprint to an identically numbered but different (i.e. forged) string of sheets. If they have logs of page count, etc., change them. If you still think it can't be done, it's because you're lost in that "but they wouldn't ... they couldn't ... would/could they?" mentality. Think about it. My whole point was that every system you devise will rely on trust. Take away trust, and you have nothing. (I'm not even going to touch on how that maps to a general naivete among the mass of men)

    Now that I think about the brains it would take, I suppose our real protection is the IQ test cops are required to fail before they can be hired :)

    Most if not all paper comes from logs, but not all paper is log paper, eh!

    Cheers!

  • Again, IANAL. I have done some work on systems security in federal government agencies including gathering forensic evidence. In that time I realized how little I know and that information technology forensics requires a mixture of technical and procedural knowhow. I am a novice in the procedural field but have managed to learn a little about what is required.

    The most important consideration is not technical at all, it's procedural. Someone must decide how important the evidence is and to what lengths its integrity should be guaranteed. Don't let this decision be made by you, unless you are the Security Officer, senior manager or a lawyer. A bad decision is ... VERY bad. Are you just looking for evidence for internal abuse detection? Is the data going to be used in a local or federal police investigation? Will it be used to fire someone? Will they sue and demand your evidence in court? All of these decisions indicate different levels of need for maintaining data integrity.

    Once someone makes a call on what length to go to you can start touching things appropriately. Here are some rules of thumb I use:

    Maintain integrity as appropriate. For a casual investigation about who is playing Doom over the LAN you just need to look for your evidence and copy it to a secure location in case it is needed. For a situation where the evidence will be used in court you should pull the hardrive(s), computer or other evidence and have a lawyer place them in a safe.

    Collecting Evidence for Legal Action. Lawyers love paper. Unlike electronic files they are well understood by the law and are usually treated as being immutable. Lawyers like CDROMs. Though electronic documents are in their legal infancy everyone knows that CDs can't be changed (without leaving trace evidence). Lawyers seek control. Give any evidence to them as soon as possible. Courts tend to believe lawyers when they say the evidence was in their hands and has not been changed. (Though it is hard for me to understand why anyone would believe a lawyer about anything.)

    Workstations. If your evidence is on a workstation and it will be used in court ask a decision maker about whether to:
    1. Seize the computer
    2. Collect an sector by sector image of the HD (leaving workstation in place)
    3. Copy files to a secure location (leaving workstation in place)
    4. Leave everything alone
    Just because you can collect evidence in a particular way doesn't mean you should. If you access a machine without explicit authorization to collect evidence you could invalidate any evidence on the system. Even if you are an administrator for the machine and have the permissions required to collect evidence simply accessing the computer for the purpose of collecting information before being told to could be used to invalidate ANY evidence collected after that time.

    Servers. Normally these systems shouldn't be seized, brought down or otherwise kept from providing their services to users. But if the need is great enough they will be. To avoid this you have to be able to document how you collect evidence, what you collect and how you maintain its integrity. Write important logs to CD, discuss what is logged, describe who has access to what and when, explain what information is collected for a particular need, specify where and how it is stored and provide a list of actions taken in each instance of evidence collection. By documenting your procedures in advance and your actions during collection any evidence collected using the procedures will make managers and lawyers more confident of its integrity.

    Collecting evidence is the one time NOT to be a cowboy. You can be as confident as you like about the evidence, you still need to convince someone else of its veracity.

    The best US governmental source for information is the Computer Crime and Intellectual Property Section (CCIPS) of the Criminal Division of the DOJ:
    http://www.cybercrime.gov/

    Computer Forensics Tool Testing (CFTT) Project
    http://www.cftt.nist.gov/

    Forensic Technologies- Office of Justice Programs and Office of Community Oriented Policing Services in May 2001
    http://www.ojp.usdoj.gov/nij/pubs-sum/186822.htm or
    http://www.ncjrs.org/pdffiles1/nij/186822.pdf

    Best Practices For Seizing Electronic Evidence
    http://www.ustreas.gov/usss/electronic_evidence. ht m

    The best resource IMO is the Computer Security Insitute:
    http://www.gocsi.org

    Dan
  • Courts treat data gathered from computer systems like any other evidence. All federal courts and most state courts have a codified set of rules for admitting evidence. There have been published court decisions regarding the admissibility of computer based evidence since at least the 1970's.

    In order for evidence to be admitted, you can't just have a lawyer bring it in and show it to the jury. It has to be authenticated. Typically, this is done by having a witness testify about the data. The witness will testify about things like how the data was gathered, the chain of custody over the data, etc. It is exactly the same process used to admit a piece of physical evidence like a knife used in a murder.

    Thus, it is more the credibility of the witness providing identification and authentication of the data than the data themselves that really matters with regards to admissibility.

    The best resources on the subject are published judicial opinions in which admissibility is challenged; they provide a roadmap for avoiding problems.
  • I have a friend who wrote an article about this, if you are really interested. Unfortunately it's in Internet Security Advisor, and I can't seem to get to it online. In fact, you can't even purchase an article copy online it seems. On top of that, it seems there lookup system yields bad data too, so the info below might be off. Well, OK, so the web site is dicey, but the article hits your post on target.

    I just moved, so I need to dig my copy out of ... damn, look at all these boxes! I have way to much crap ... a box. I'll call him and ask him what I can post. Or better yet, I'll get him to respond...

    It says the article is in Business Security Advisor, but it's actually in Internet Security Advisor:

    COMPUTER FORENSICS - Business Security Advisor - June 2000
    How To Protect Evidence of a Computer Crime By Chris Calvert

  • How do you know it's dead?

    Unless I see some obvious reason the person is dead, I *AM* going to check to see if they are alive, and do what I can to keep them that way.

    "I'm sorry sir, I have to let you die, because otherwise I might contaminate the evidence"
  • Well here something even simpler to do. Don't bother printing anything at all until you need them, but when you do modify the relevant logs before printing and print them ALL and say you always print them as they happen ;]
  • by Anonymous Coward

    As someone who has been there and done that in Federal court, people with a background in science rather than the fuzzy humanities such as law misunderstand the nature of legal proof.

    A Usenet post gathered willy-nilly from an ISP or (say) Google is hearsay or worse, hearsay within hearsay. In general this is inadmissible in court. But there are exceptions. For example, you might admit to it, or it might be offered to prove something other than the truth of its contents (that you indeed have posted to Usenet, for example, or that you hated Gigolo Joe).

    But you can't rely upon technical interpretation of the rules of evidence. A judge for example despite a posting being completely inadmissible might admit it anyway. Sure. You could appeal to a court of appeals. But in general even if the appeals agrees that that evidence was inadmissible, it will deem it "harmless" if there was enough evidence so that a reasonable jury *could* have found you guilty.

    So what that the jury was prejudiced by the admitted inadmissible evidence. You are screwed anyway. Legal proof is not like scientific proof. Persuasion and a cunning story tying together the technically innocent elements is at *least* as important as facts themselves in court.

    Here is another example. You are accused of being a hacker on lots of inadmissible evidence. But when the FBI scoured your home they found a copy of Snow Crash and Paladin Press Hit Man. And three computers using three operating systems and a PDA.

    They are admitted as evidence of your hacking expertise, motivation,and obsession with computers. The jury convicts you. Guess what? It may be totally legal to own and to read those books and computers but they *still can be used as evidence against you*.

    Use encryption? Doesn't matter that you have nothing to hide. If the Feds find Scramdisk or PGP or a Zero Knowledge System product on your hard disk the prosecutor will say that you are a crypto expert just like "that Finnish child pornographer server that got shut down."

    You can be legally convicted and sentenced to years in prison on this kind of evidence.

    If you are into leading-edge internet hijinks then you have to have a perfectly clean and wholesome looking life. Regular habits, respectable books, neat hair, no memberships in questionable organizations. All those parameters you thought were *guaranteed freedoms* *will be used against you.*

    And remember, the FBI agent can lie to you but it is a crime to lie to them. It doesn't matter that you are not under oath. Your only words around an FBI agent should be "I want to see a lawyer." I'd say about half the hacking convictions came about from a hacker making multiple damaging admissions that they didn't need to. For example, Agent says: "Is this post yours?" You say, "I never post on Thursdays." Guess what? You have just given the FBI admissible evidence that you know what a "post" is and that you have indeed "posted," just like the alleged criminal.

    Believe it or not, this will be persuasive evidence to a jury that you could indeed be the alleged criminal hacker and make "innocent" any unlawfully admitted hearsay evidence against you.

    Yeah. Technically, virtually all the content of the Internet is hearsay and inadmissible. (As contrasted to virtually always admissible "business records" such as phone logs under the business exception to hearsay).

    BUT YOU WILL BE CONVICTED AND IT WILL BE UPHELD REGARDLESS. Now, isn't it about time you asked Google to remove those old inflammatory postings of your under the DMCA before the Feds harvest them? And maybe it is about time to get Snow Crash and Hit Man in digital form and keep it on a steganographically encrypted file?

    Remember the mantra:

    Until {FREE} do

    "I want to talk to a lawyer."

    enddo

    Got it? You will be tested. You will have 3-5 years in the slammer to think about failure.


  • The above is certainly a very good point - not only, in the UK you can go with the logs to the PostOffice and have them cover it with a pretty date stamp - the same they use for annulling stamps. The moment they have done that you have created a "before" and "after" in the logs,


    What part of this doesn't involve a blind faith on your part (that these organizations are doing this, and are not being circumvented)? Is it true that nobody understands simple points that are unarguable anymore? Must everyone try to put their own fuzzy spin on the "world as flat/world as sphere" debate?

    It's not arguable! get it? I would like to own the idea that security is a process, not a system, and that it involves trust, but I think a certain Bruce Schneier might have pointed it out first in a book often mentioned, but perhaps seldom read by the posters here, called "Secrets and Lie's - Digital Security in a Networked World." If you can't find it without my help, it would be at best a little knowledge as a dangerous thing if it was in your hands.

  • Not sure how much of this was designed in mind for legal use, the famous authors of SATAN and COPS put out a toolkit for computer breakin analysis. You can find it here:

    http://www.fish.com/forensics/

  • Yes!!! You get it! I was missing even simpler hacks, as you point out, but the point is the same!

    Cheers!

  • Umm.... that solution is only as good as the holder of the keypair. What's to keep me from simply resigning the logs after the event occurs? Your idea isn't a bad one, but it requires the addition of a trusted thirdis ure digital timestamping. Interestingly, there are a few companies begininning to provide these services, but I suspect the cost of signing every message would be prohibitive. Even still, you have to tackle the question of how to trust the authenticity of the raw log entry. What's to keep me from faking an entire compromise by inserting addition bogus information into the logs?
  • by Anonymous Coward
    Stipulation is one way to get evidence in, but it isn't the main way. A party may introduce relevant and competent evidence under the federal rules. Relevant evidence is anything that tends to prove or disprove a fact in question. Competency deals with whether there is any reason the information should be barred, such as a warrantless search. I don't think this guy will find a lot of concrete information telling him what to do. If he were to appear in court he would likely come as an expert (through education or specialized experience), and then he would have to testify to the factfinder (jury or judge) what he did and why or what he saw. The factfinder then will determine whether the guy is believable or not. Please note it isn't hard for the other side to get an expert to say the exact opposite of what he'll say. IANAL, but have been a defendant.

  • Suppose you want to forge some dot matrix printout from a year ago. Try finding paper from the same batch. Try finding ribbons from the same batch where they have faded down to *exactly* the same shade. Try inserting one page into a ream of regularly date stamped pages.

    Suppose any of this had to do with the point. ;P

    If they took litmus tests when they stockpiled forge the originals. If they used to use dot matrix, and there's none available, forge the docs that this was a trial run on the new laser printing systems.
  • This is exactly what my Uncle's company does - that data recovery, analyis and court/evidence presentation.

    Check out DIBS USA (http://www.dibsusa.com [dibsusa.com]).

    Like someone else said - this is NOT something you can do yourself - the other side's lawyers will rip you apart. And if you do one single thing wrong, the entire contents of the computer may be inadmissable as evidence.

  • Possible, but fairly secure if your systems are secure.

    Given that we're talking about what to do when a computer crime/intrusion has occured, I think it's streching things to assume that the system is secure...

  • From my (limited) experience, what I see in court cases that comes from computers is too complex for most judges or even lawyers to grasp. As long as judges can't even rule sensibly about things as hyperlinks and deep linking, I fear that judging whether or not the information can be tampered or manipulated/selected at the LEA's is completely over their heads.

    The ETSI standards maturing now (see Opentap [opentap.org]) in Europe provide LEA's with encrypted (and signed) information, so the LEA's are pretty sure about the authenticity of the material. The defense could in theory see when information was ommited, since the data sent to the LEA includes a serial number per packet, but the ISP's box has no digital signature of its own, so the LEA can just "create" any information it would want. The ISP isn't allowed to keep copies (or even buffer) the data sent to LEA's.

    We'll just have to trust them.

    Some more of my comments can be found on Cryptome [cryptome.org]. I'll be talking about the tapping laws at Hal2001 [hal2001.org], august 10-12, in the Netherlands.

  • That's one of the reasons why the higher Orange Book security levels REQUIRE that all logs be sent to hard copy as they occur; it's always a good idea to have your syslog and/or console going to a dotmatrix or line printer on anything where security is a concern.
  • The point is halfway there.

    As for police fabricating evidence: here's an interesting story. [ukings.ns.ca] Here's another. [criminaljustice.org] Here's another. [acadiau.ca] And just in case you think this only happens in Canada, here's another. [freepeltier.org]

    Let's not even get into the number of death row prisoners cleared every year by DNA...

  • Back in the mid-seventies, at the height of emulsion-based technology, I did a bunch of forensic photography, still, motion, and high-speed.

    Even then, after a hundred and thirty years of use, photographic evidence was not easily admitted. The other side would fight tooth-and-nail and quiz you on the stand about lens lengths and perspective distortion in an attempt to bore the jury to death and discount the evidence by reason of overwhelming, fallible complexity.

    Try explaining file-creation date tags at the byte level to your local Kwik-E-Mart clerk.

    In the end, Photo evidence was more useful in getting a perpetrator to confess and cop a plea than in impressing a jury.

    System logs will probably do more to convince a bad guy to take the easy way out and spill his guts than enlighten twelve people who couldn't figure out a way to get out of jury duty.

  • Has anyone thought about the forensics team and practices of Ontrack Data Systems? They're famous for data recovery and forensics. They're the ones that get hired by many government agencies to routinely track down certain elements of data for use in legal battles and court.
  • by datajack ( 17285 ) on Sunday July 08, 2001 @08:06AM (#100652)
    Firstly, IA(definately)NAL, but I have had some data forensics training (to the standards required by UK courts, apparently), but I personally haven't been involved in any real data-recovery, I needed the full training in case I get involved further down the line (analysis of file-systems, data structures etc.).
    As you pointed out, the key to the whole business is to try and prove that the data has not been tampered with in any way. Here's (roughly) our procedure for dealing with the data recovery task.
    1. Take a camera and photograph everything before you start.
    2. Have a good notepad for a journal and write down everything that you do and why and sign each page.
    3. If the machines are running and the data is believed to exist on the HDD, not in RAM, (if the data is in RAM, then you have a problem) then power the machines down, do not shut them down cleanly, just hit the button - this is to prove that the shutdown procedure did not change anything on disk.
    4. Next, take a byte-for-byte image of the HDD(s). We do this onto an MO disk hanging off the parallel port, using software from a bootable DOS floppy. Also, use fresh disks - do not break the cellophane seal until you are about to insert them into the drive. OK, MO is expensive but it's not gonna get accidentally corrupted and cannot be modified/wiped without using a proper drive. I suppose now that DVD-RW is coming down in price, it might be more convenient to use that. Make sure that the system does not boot off the HDD (for the same reason you don't shut the machine down cleanly).
    5. The software we use generates a set of floppy disks containing digital signatures of the content of the MO disks. Two copies of these floppies are generated and placed in tamper evident bags. One copy stays with the owner of the data, one copy goes with us. The bags are signed by both parties to sprove acceptance that the image was generated fairly.
    6. The MO disks are properly labelled and treated as evidence (with all the signing in & siging out stuff).
    7. When we come to analyse the data, the MO disks are restored onto a blank HDD in a machine in a specially secured room on our site. All work is done on the copy on the HDD (which can be re-restored at any time). The signed diskettes can be used as proof that the copy of the data on the MO disks hasn't changed since the image was taken.
    I think that's about it. The key technologiecal bits are the digital signatures, the use of media that can't be externally modified and the use of an imaging system that is guarranteed to not modify the host drive. The other thing needed to make the evidence stand up is the journal - this is vital.
  • by tadprime ( 465963 ) on Sunday July 08, 2001 @06:09AM (#100653) Homepage
    I am currently taking the first class of the graduate certificate in Computer Forensics at UCF [ucf.edu]. We don't have a book yet (hasn't been printed), and right now the class is pretty free-form. This is in association with the National Center for Forensic Science [ucf.edu]. Right now, we are doing all of our work with diskettes, but when the new building is built there will be a lab that has the facilities to work with hard drives.

    Basically, in order for anything to be admitted in court you have to have a clear chain of posession and be very sure of your methods. You do all of your work on disk images or clones whenever possible, using MD5 and SHA1 and other ways of proving the clone is identical before proceeding (more confirmation the better).
    But, one interesting thing is that people seem to be a bit afraid of digital evidence. Most of the criminal cases apparently result in confessions if you find good enough evidence...

  • Clifford Stoll caught that german hacker guy by printing out most of his sessions while he was online. Notes he made right on the printout. That stack of about 1200 Sheets of paper with handwritten remarks scattered here and there along with telco linetrackers as witnesses for the conections of some of the sessions reported on the hardcopys, was good enough for german authoroties to give him a major asskick and put him to jail.

    Any evidence can be forged. Just not as easy as digital data. Basically it boils down to wether the stuff you've gathered all together makes a case or not. A judge will be willing to accept a digital data evidence as a coffinnail for the accused, if the "sujet" around it is fitting. But don't expect a stack of floppys without fingerprints or witnesses, alone to be treated as a main circumstancial evidence. A lot of this law stuff is very much a 'subjective judgement' thing though. Hence the word 'judge' ;-)

  • Unfortunately, the only protection we have is the same "gee gosh golly whiz ... they wouldn't lie ... they're the police!" assurance we've never had (pronounced pole-lease of course) :)

    The truth is, it doesn't take a brain surgeon to forge dot matrix printer logs. There are ways to keep the police honest. Now if we can just impose upon the honesty of our American politicians to see to it they get implemented everything will be fine ;P

    P.S. - If you don't believe just go ask Mark Fuhrman about bloody gloves. (This is not a troll, and has nothing to do with OJ. Furhman admits to doing it, and not only did it not help the case, many believe that the verdict was a result of Jury nullification because the jurors were far too familiar with this practice already)

  • Some common indicators of dead bodies:

    • Large poool of congealed blood
    • The smell (it's very distinctive)
    • Check if the head or major limbs have been detached

    (Yes, we investigate more than just computer crimes...) Seriously though, it's understandable that some immediate examination is going to have be conducted before you can declare that a crime has occured (e.g. Checking /etc/passwd for new UID 0 accounts, rolling over the body and checking for a pulse, etc.) But after that time you should leave the evidence alone.

  • I would hire that mecha kid from the movie A.I. to digitally sign all my log files. The court has got to trust someone that cute. :P

    But in all seriousness, why not just PGP sign your log files? Also, is there any digital notary republic available? Something that can notarize sorta like PGP, but does not require user's own public/private key?

    The bottom line is you have to beyond a reasonsible doubt:
    1) Guarentee data authenticity
    2) Guarentee data date/time of recording (or notarizing)

    I think time servers should be turned into electric notary republics, but enough rambling from me... :)
  • The most important rule that courts use to determine the validity of digital evidence is to ask if there is a chain of diligence from the creation of the data to the presentation in court.
    That is, have the data been kept in a secure manner from their creation to their presentation?
    This generally means that log files are saved on read only media, in a regular procedure, that they are dated and signed by at least 2 people as to validity and that they are physically kept in a secure manner until presented.
    There has been a discussion on the forensics mailing list this last week about how to guarantee that disk images can be certified valid in court. see SecurityFocus forensics for the mailing list archives. [securityfocus.com]
  • All you have proven beyond a reasonable doubt is that the data was signed by someone with your private key. Nothing else. It is impossible to prove that YOU signed the data.

    Assuming you've done the usual PGP thing and haven't been careless with giving away your key, you should be the only one who has your private key, and thus, the only one who can sign things with it. Normally, your private key is encrypted with a passphrase only you (should) know. For someone else to sign stuff with your private key, they'd need to copy the key from your hard drive, then steal your passphrase. Possible, but fairly secure if your systems are secure.

    If you then also immediately send the log files to a Notary Public who digitally signs them, then you have a secure datestamp from a third party.
  • by anticypher ( 48312 ) <anticypher.gmail@com> on Sunday July 08, 2001 @08:23AM (#100660) Homepage
    it doesn't take a brain surgeon to forge dot matrix printer logs

    You've never seen log paper. No, not the kind with a logarithmic scale, but serial numbered pages. You can get it from speciality catalogs, or have a print shop make some for you. Basically a box of tractor paper where it was once run through a printer and every page has a sequential number printed on it. Missing pages are easy to spot, and its difficult to insert falsified pages.

    In use where collecting hard copy evidence is necessary, such as during legal battles where the court requires both sides to document the reliability or malfunctioning of a system, or on classified security audit systems. The first few pages is where the lawyers sign off on the box, then the printer cabinet is locked with a couple of padlocks, one for each legal team. Then the system runs for a while, and the printer hopefully has logged the problems. The court keeps the original as forensic evidence, and both sides get copies.

    Log paper must be pretty rare now, but IBM, Digital, Wang, and Burroughs used to have them as stock items.

    the AC
  • Perhaps something to help facilitate this could be built into HDs in the future. They are already moving in this direction for content ownership authentication.
  • by agentZ ( 210674 ) on Sunday July 08, 2001 @08:30AM (#100662)
    Has nothing really to do with whom the court trusts, but rather the defense attorney. If they are willing to stipulate that the evidence is admissable, then it gets in. (Or leads to an out of court settlement, which is what happens with most computer crime cases.) Defense attorneys are not computer experts, nor are juries. What they look for are mistakes; deviations from established procedures. A word to the wise: Develop a policy for what to do in the event of an intrusion. Then stick to it.
  • Comment removed based on user account deletion
  • by agentZ ( 210674 ) on Sunday July 08, 2001 @08:33AM (#100664)
    Of course, you're going to have to show that the PGP key is authentic somehow... How does the court know you didn't alter the evidence and the key and then re-sign them? (Serious question... I'm trying to argumentative because that's exactly what a defense attorney is going to do... )
  • One for encryption, one for signing. IANAL, but have been told that you can be compelled to reveal your private encryption key so that your documents can be decrypted. However, you cannot be required to reveal your private signing key, as the only purpose would be to forge documents in your name.
  • I saw mr. romig at usenix. He gave a good talk on the less technichal details of computer forensics. I was a little disappointed because I was expecting nitty gritty tech information. But that was just a vague usenix descritption of the talk. If you are looking for good policy decisions on computer forensics the talk would have been wonderful...
  • FWIW...there's an extensive collection of pointers to resources on Computer Forensics [ecompany.com] available via eCompany's Web Guide [ecompany.com].
  • A phone rings.
    SFO: SFO
    Caller: Is this the Serious Fraud Office?
    SFO: No, we're the Silly Fraud Office. The Serious Fraud Office is at 976-1515. We only take care of Silly frauds here.
    Caller: Like posting imaginary cool hardware on Slashdot?
    SFO: Exactly. Or giving phonesex numbers to people who are looking for - never mind.
    Caller: And I suppose the Serious Fraud Office commits more Serious frauds, like bailing out the doomed financial institutions of political cronies?
    SFO: Yes. Also, pretending not be themselves when someone calls, which is of course disimpersonation of a government office.
  • To get some real info on computer forensics, one ought to talk to the experts, the HTCIA members around the world.

    they're holding a conference in september, in long beach, non member reg fee's are only $475 US, and I'l garuntee you'll learn something usefull.

    for info on the conference, check out http://www.socalhtcia.net
  • All you have proven beyond a reasonable doubt is that the data was signed by someone with your private key. Nothing else. It is impossible to prove that YOU signed the data.

    Perhaps giving out private keys and/or writting them down should be illegal, with stiff penalties...

    I reasonably doubt people would give out their private keys if such laws were in effect.
  • The above is certainly a very good point - not only, in the UK you can go with the logs to the PostOffice and have them cover it with a pretty date stamp - the same they use for annulling stamps. The moment they have done that you have created a "before" and "after" in the logs, and it becomes rather hard to forge anything which is covered by the stamp's ink. Also, sign the logs at the Post Office (witness) and make sure that one of the stamps covers your signature. Granted, nothing is perfect but the whole point is to raise the bar so that it withstands serious cross-examination. At the end of the day can you prove that the packets which came into your external interface were not fabricated (ie. the whole attack is a complete fake)?
  • A few years ago, back before Windows became so popular, the FBI put out a Request For Proposals (RFP), specifically for someone to write them a program to run under MSDOS which would freeze a computer's operating system from writing to a disk, even in the non operating system areas of the drive. The idea being that then the evidence taken from the drive could be considered reliable because it was write protected in such a manner that not even the FBI technicians could change the contents. I read the RFP they put out and while it was quite comprehensive, even covering such things as portable drives and ones that use something like disk manager to boot with, I could think of a couple of ways that no software could protect against. I decided not to relieve them of their ignorance, I wasn't being paid to do so. But they do try.
  • Suppose you want to forge some dot matrix printout from a year ago. Try finding paper from the same batch. Try finding ribbons from the same batch where they have faded down to *exactly* the same shade. Try inserting one page into a ream of regularly date stamped pages.

    People try the same on written records (like minutes) and they are no harder or easier to spot once you start using numbered pages etc to structure the record to resist such attacks.

    Oh yes, try h4Xor-ing a log file that gets dumped straight to paper in a secure room. No amount of system access is going to make it go away. An illicit pizza party at my university got caught that way. :o)

    Xix.
  • The problem is not that it's hard to prove that certain sequence of strings were sent to syslog at certain time -- it's that it's impossible to make sure that they are authentic to begin with. Application called "sendmail" is not necessarily a real sendmail, it might be some altered version that sends bullshit into the logs, and there is no way to determine if the sysadmin isn't completely trusted.
  • The Federal Government itself has been quite concerned about how to create reliable evidence for court for computer crimes and other incidents. One place to look is the guidance on implementation on the Government Paperwork Elimination Act (GPEA). The Department of Justice wanted to make sure that evidence would be preserved as the federal government is required to shift from paper to IT for most functions. To see information on GPEA, finger http://cio.gov/egov/projects/gpea/gpea_index.htm. Within the Office of Management and Budget, GPEA guidance comes from Office of Information and Regulatory Affairs, the Information Policy and Technology Branch. http://www.whitehouse.gov/omb/inforeg/index.html.
  • I had a friend who was under an (unknown) restraining order extension. (they were now about 750 miles apart) But my friend was still pissed and sent her nasty emails from a hotmail account.

    She printed off these emails on her home printer and brought them to court.

    The judge didn't want top hear about how easy it would be to mock-up printed emails. It was (aparently) just to back up her testimony.

    Granted, the same would not hold true for my printed emails from BG promising me $1 royality for every MS product sold.

    btw - my friend can be quite pig-headed, and when he was incarcerated for the weekend, I though "good" and let him stay, even though I told him I was trying to bail him out...
  • There is an elections petition here in Guyana contesting the results of a March 2001 General Election. Central to this case is whether there was deliberate or inadvertant manipulation of data on an SQLServer database system.

    As a member of a technical oversight team advising the Elections Commission, no doubt I'll have my day in court.

    Bottom line, we'll see what this court will accept as evidence. I'll report back.

    However, the wheels of justice grind slowly here in the developing world. A petition filed in early 1998 was only concluded in January 2001!

    So, I would like to hear other persons experience of this and will watch this discussion with both eyes.

  • by No Such Agency ( 136681 ) <abmackay@@@gmail...com> on Sunday July 08, 2001 @04:54AM (#100679)
    I would say printouts of a file should be worthless (except, like everything else, to a stupid or gullible judge) as evidence in and of themselves. Of course, once the contents of the file have been confirmed by other methods, notarized text copies could be used for the convenience of courtroom/legal research use during the case. Notaries are not 100% untouchable of course, but they do have powerful disincentives to not bear false witness.

    We've seen a thousand examples that show that judges nearly always trust the police and their "experts" when it comes to computer crime. If they say they have enough probable cause to arrest teenagers from their bedrooms, raid gaming publishers, sieze computers/phones/Gameboys etc. as evidence or as "proceeds of crime" then who is some judge (who spends too much time keeping up with the law to become a computer expert) to say otherwise? As we've seen, this opens the system up to myriad abuses, but I'm not sure what is the greater danger: police misconduct/corruption or the possibility that if swift action to obtain electronic evidence is NOT taken, that criminals (yes, there are BAD hackers/crackers out there) will have the opportunity to get to the records first and make them disappear. I'm NOT saying that police should have carte blanche to go digging in peoples' systems for evidence, but I do think that the ability to obtain accurate and trusted electronic records ultimately works to the advantage of the innocent accused.

    I'm not sure if I have a coherent point here, I just thought I'd raise some points before the usual Slashdot flood of "police are evil and ignorant, they want to take my boxen" hits this story.

  • by XNormal ( 8617 ) on Sunday July 08, 2001 @04:57AM (#100680) Homepage
    how do you know that text file wasn't edited by a disgruntled law-enforcement officer to get the conviction he needs?

    You don't. But then how do you know that in cases not involving computers?

    I know that quite a lot of readers on this site are very mistrustful of law enforcement officials but don't think about accusing them of anything like this. They don't that it and if they catch any one of their colleagues doing it they will deal with him unmercifully.

    Their world view may be very different from yours and you may not agree on a lot of things when it comes to computers and freedom but don't even think about this.

    -
  • by Anonymous Coward
    "how do you know that text file wasn't edited by a disgruntled law-enforcement officer to get the conviction he needs?"

    How do you know that any evidence wasn't [created|destroyed|modified] by a disgruntled [ex-[law-enforcement officer|friend|spouse]] to get the conviction [he|she] needs?
  • by No Such Agency ( 136681 ) <abmackay@@@gmail...com> on Sunday July 08, 2001 @05:00AM (#100682)
    There is in law enforcement a concept called "chain of evidence", which is why on TV cop shows they always have to sign items out of the evidence locker to examine them. This helps to reduce or prevent abuses by law enforcement personnel (there are hefty penalties for tampering). As for "planted" or evidence altered by others, there are pretty sophisticated physical forensics methods to detect tampering/discrepancies. The question here is: when electronic records (which can in theory be altered undetectably) become vital evidence, how do we obtain the same degree of protection?
  • by Anomolous Cow Herd ( 457746 ) on Sunday July 08, 2001 @04:48AM (#100683) Journal
    Just make sure that, if you are in the crime-commiting business, you cryptographically sign all of your documents, using something like PGP.

    That way, if someone modifies the document between the time that it is seized and the time that it appears in court, it would at least be inadmissable.

    Of course, you can count on law enforcement to conviently modify all of the documents that would have shown the defendent in a good light...

  • Computer data has been successfully used as evidence I'm sure, but what I want to know is if an equally (or rather more so) volatile medium has even been used as evidence, namely an Etch-A-Sketch? Would an Etch-A-Sketch will, contract, etc. be valid? Any type of legal document?

    What surprises me is that I'm only half joking... To make sure I don't expect any serious replies, image a beowulf cluster of Etch-A-Sketches with drawings of Natalie Portman putting hot grits down her pants.
  • by dazed-n-confused ( 140724 ) on Sunday July 08, 2001 @05:03AM (#100685)
    Advertised on the UK site of Deloitte & Touche [deloitte.co.uk]Forensic Services: "Evidential data recovery - we are able to recover data according to the standards demanded by the police, the Serious Fraud Office, the FBI, the US authorities and the US courts from a wide variety of IT equipment."

    I know from working with these guys that this is a real Black Art. Don't think about doing it yourself -- even if you can get it right, the other side's lawyers will crucify you. Get a forensic specialist involved ASAP.
  • This may not be exactly what you're looking for, but there is a Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations guide from the Computer Crime and Intellectual Property Section Criminal Division United States Department of Justice. http://www.cybercrime.gov/searchmanual.htm There are several good papers on http://www.cybercrime.gov/. You may also want to check out the archives of FORENSICS mailing list from SecurityFocus.
  • by artch ( 90245 ) on Sunday July 08, 2001 @07:14AM (#100687)
    See the excellent paper by Tom Ceresini at http://www.sans.org/infosecFAQ/incident/viability. htm. The paper is valuable not only for it content and discussion, but also for the links it provides. While the paper focuses on "logfiles", its suggestions apply to any copies (e.g., disk image) that may be created as part of the data collection process.
  • by Anonymous Coward
    http://www.usdoj.gov/criminal/cybercrime/searching .html these are the guidelines that the Department of Justice uses to search and seize computers.
  • To paraphrase a line from "My Cousin Vinny."

    As many companies are now outsourcing their systems to ASP's and other forms of providers, the ability to arbitrarily hack the data becomes moot. It's hard enough for most of the managers that decide on the outsoucing to comprehend what they have committed their company to, let along hack in and alter scandalous data.

    In this neck of the woods, a company I worked for (whose stock symbol rhymes with dirty) was stuck in the middle of two warring Pharma companies. One believed the other had exceeded their contracted limits on pimping some drug to hospitals. So, we had to search the database for references to hospital visits, and the comments made. This, as you might imagine, was a fairly heady piece of SQL.

    I doubt such data alone would be used to prove a legal point, but to provide background info it is without a doubt very useful. In this instance, the resulting data set was megabytes. I doubt a jury could be kept alive, let along awake, long enough to trudge through it all.

    I think it may have been Knuth that was called in to a court room a decade ago to give testimony on code that had been stolen. His observation was that the stolen code had the same space tab space structure that the originating companies code had. Tell tale marks like this (the proverbial smoking gun) can make high court drama. While code and data in our eyes (as programmers) look very different, to the lay person they probably look quite similar. In this instance code was data.

    As the hacking court cases have often fallen to the display or at least analysis of third party logs, I would think that the place of raw data in the court room is well established. How much a lawyer can safely display is an altogether, and entirely different question.

  • by agentZ ( 210674 ) on Sunday July 08, 2001 @07:22AM (#100690)
    Some guidelines:

    • It's a crime scene - If you came into the server room and found a dead body, chances are you wouldn't touch it; you'd call the police without disturbing anything. But when somebody hacks your box, it's tempting to look around and see what's been done. This is a Bad Thing(tm). You can hide the attacker's footprints. As soon as you know there's been an intrusion, start gathering evidence. Only type the minimum number of commands on the victim system and keep a record of everything you do. Avoid writing to the victim system as much as possible. You may overwrite recently deleted (and thus not really gone) files.

    • Evidence to gather includes (but is not limited to), what programs are running, where those files are on the disk (which may be only in /proc if the attacker has run a program and then erased the executable), who is logged on, and anything else that will disappear when the system is turned off.

    • If possible, do a full backup of the system (dump to tape, another computer's drive, etc.) without powering down.
    • Maintain a chain of custody for this backup(s) and any other records you take. It is important for court purposes to be able to show who had access to what evidence (to show that it's hasn't been tampered with.) If you have a personal safe, great. But put it somewhere where the least number of people have access to it. Keep a record of who touched the evidence at what times and what they did with it.

    • You don't have to call law enforcement right away. There are many things you can do that law enforcement cannot. As a system administrator you can do anything (monitor all traffic, read files) in order to maintain the integrity of the system. Law enforcement often requires court authorization to do those and it's a lengthy process. But be aware in everything that you do that you might tip off the attacker that you're on to her. It's a risk you have to consider before doing anything.

    This list is by no means complete, but it's a good start for right now.

  • Put a M$ EULA and you'll get some security.
  • You are making a common mistake with your assertion that PGP will solve this issue.

    All you have proven beyond a reasonable doubt is that the data was signed by someone with your private key. Nothing else. It is impossible to prove that YOU signed the data.

  • I ran across a book that is not too bad a while ago. Ive looked through it a little bit. Its called "Digital Evidence and Computer Crime" by Eoghan Casey.
  • by mindstrm ( 20013 ) on Sunday July 08, 2001 @07:40AM (#100694)
    When it comes to evidence, you cannot expect each piece to be validated 100%.

    Who says the drugs the cop *supposedly* found in my car when he pulled me over weren't planeted?
    Who says I was speeding? Some cop? What if he LIED?

    How is digital evidence any different?

FORTRAN is not a flower but a weed -- it is hardy, occasionally blooms, and grows in every computer. -- A.J. Perlis

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