Top Challenges and Changes in the Use of Digital Intelligence Forensic Evidence
Are you a trained investigator or certified examiner needing to speed up the processing and analysis of your digital evidence? Then the webinar, “Challenges and changes in the use of digital evidence” is for you.
Here are some new statistics that set the stage for this webinar. Did you know that in the United States:
- State and local law enforcement “first responders” are responsible for the disposition of approximately 97% – 98% of all US criminal cases.
- Each year more cases are handled in the Manhattan D.A.’s office than in the entire federal judicial system.
- Digital evidence is present in 80%-90% of all criminal cases, including child pornography, network intrusion, murder, white-collar, gang, drug terrorism.
In this webinar, you’ll hear other relevant and important information like this in these three key areas:
- Increased Use of Digital Data in Criminal Investigations
- Challenges and Value of Collecting, Extracting and Analyzing New Forms of Digital Data
- Challenges to the Admissibility of Digital Data and the Changing Rules of Evidence
Sgt. Frank Pace (Ret.) Phoenix Police Dept.
After 20 years in law enforcement, Pace was the founding supervisor of the digital forensics investigative unit with the Phoenix Police department. Currently, he is a Security Research & Project Manager working on International Law Enforcement and Policy, and based in the Netherlands.
Michael J Leotta – Partner WilmerHale (International Law firm)
Leotta served as Assistant United States Attorney in the White House Council Office for 9 years. His focus has been on international investigations on criminal law, security law and financial institution regulations.
David M. Smith – Consulting Attorney, Discovery Solutions – WilmerHale
Smith’s focus is on complex discovery issues. He assists clients in developing cost-effective strategies and solutions.
Randall Hillman – Executive Director
As the driving force behind the Law Enforcement Alliance for Digital Evidence Response (LEADER), Hillman has been a career prosecutor for 25 years, serving as the Chief Assistant District Attorney for the Shelby County in Alabama from 1993 – 2001.
Our presenters are handpicked to deliver actionable insights and will explore the following questions, topics, and tips:
1. Increased Use of Digital Data in Criminal Investigations
In this section, we will deal with the question of how to get the maximum amount of evidence from a crime scene when first making contact with victims, witnesses, and suspects.
Investigators and examiners need to rely on their first responder colleagues to have an eye for digital evidence. First responders will need to identify sources of potential media and hardware that can be collected and made available. We will discuss new data sources such as smart wearable devices, drones and different types of IoT devices that are becoming more prevalent and relevant to criminal investigations.
Just as in the case of physical evidence, digital evidence can disappear or be contaminated. So, we will delve into what you can do to secure electronic evidence at the scene in terms of Responder and Investigator communication, identification and isolation, and documentation of the chain of custody.
Get Tips for Digital Evidence Processing and Chain of Custody Procedures
This section of the webinar will help you improve your understanding of new policies and procedures in order to effectively follow the digital evidence trail. Three key questions to be answered:
- What types of Use Restriction policies are on the horizon?
- How should digital evidence be transported and documented?
- What should investigators be considering during the document collection stage, that will become important to their courtroom presentation?
Real Life Practical Examples:
We will discuss recent cases of interest relating to case law that governs when law enforcement can digitally unlock a mobile device that’s been gathered during an investigation:
- National Terrorism Case: Search of an Apple iPhone seized during the execution of a search warrant in San Bernardino.
- Drug Trafficking Case: U.S. vs. Jung Feng: Order requiring Apple, Inc. to assist in the execution of a search warrant issued by the court.
- Burglary Case: The State of Minnesota vs. Matthew Vaughn Diamond. Defendant appealed the conviction, arguing that order requiring him to unlock his phone with a fingerprint violated his 5th amendment right against self-incrimination.
- Challenges and Value of Collecting, Extracting and Analyzing New Sources of Digital Data
Here we will give you a big picture view of what we are seeing from a national and international standpoint, regarding the growing amount of digital evidence in criminal cases. We take a look at the specs of mobile device data capacities in terms of hard drives, flash drives, memory, and more. You will also understand what to do with intentionally damaged devices.
Discover 6 new sources of digital evidence:
- Black box (Automobile) – Collects Speed, braking pressure, seat belt usage, etc.
- GPS data – from the permanent mount and hand-held devices
- Fitness Trackers (ie. Fitbit)
- Drones and digital controllers
- Cloud extraction – public domain (no search warrant) and private (with a warrant)
Legal and Practical Challenges to Digital Evidence
The prosecutor’s burden is to find the truth, so they must see all the evidence to support the truth. Lack of tools and lack of time cause prosecutors to miss evidence. As missing even one fact or piece of evidence can create reasonable doubt, it is imperative that all digital evidence sources be accessed and data analyzed.
Decrypted Physical Extraction and Data Recovery
As the models of mobile devices and the data they contain evolve, you will need to constantly upgrade your skills and knowledge of both these areas. In this webinar, we do a deep dive into both of the following critical subjects:
- Physical Extraction: Understand forensically sound capabilities that access the full file system for both Apple iOS and Samsung Android devices. Eliminate jailbreaking, rooting or flashing the device and learn how to bypass Apple iTunes backup encryption.
- Data Recovery: We will cover the downloading of emails, third-party application data, Geolocation data and System logs.
Also, get the answer to the most popular question, how long does it take to break 4-digit, 6-digit and complex passcodes.
Digital Intelligence Solutions
Digital analytic solutions can reduce the time needed to solve a case by as much as 50%. As digital intelligence solutions are the only way to decipher large amounts of data in a reasonable amount of time, this tool has become integral to time-sensitive case resolution. In this section of the webinar, we will highlight the Image analytics feature that is approximately 35X faster than manual review and can save lives in the case of child exploitation investigations.
- Challenges to the Admissibility of Digital Data and the Changing Rules of Evidence
The law is trying to keep up with the changing landscape of evolving data and devices, including how we collect both. Here, we will explain new amendments to Rule 902 Evidence that is self-authenticating, in the Federal Rules of Evidence, FRE. These changes pertain to records generated by an electronic process or system, and data copied from an electronic device, storage medium or file, effective December 1st, 2017.
We will also discuss why the rules are changing in regards to needing a witness to authenticate an item of electronic evidence and what this means for you in terms of certification, qualified persons and notice requirements. You will understand the impact of rule changes on streamlining the admission of digital evidence, incentives to follow practices and forensic collection of digital evidence with a “digital footprint”.
Get practical answers to the following questions answered by our experts during the final Q&A session:
- How would you handle an agency whose supervisors and detectives ask you to extract data from mobile devices in contradiction to one’s digital forensics training?
- How effective is taking out the SIM card in the instance when a faraday bag is not available?
- The cases of interest show a varying degree of law enforcement capability to compel and unlock a phone in different federal and state districts. Are there any measures being discussed to unify policy on unlocks across the federal and state boundaries?
- What are the latest trends for data analytics in law enforcement? Is there any movement in consolidating acquired digital forensic data for future investigations analysis?
Watch the webinar “Challenges and changes in the use of digital evidence” to access in-depth insights and practical advice for dealing with modern digital evidence.