What Is Digital Forensics and How Does It Affect You?
By now, many of us have heard of the term digital forensics. But we may not be aware of the
scientific processes that allow digital forensics to operate – or the legal context in which
digital forensics is important.
In this guide, we’ll explore the basics of digital forensics – and why it’s important for you to
understand this novel and interesting subject.
The Basics of Digital Forensics
Digital forensic science is a branch of forensic science
primarily interested in gathering and investigating any
information found in digital devices and in connection
with a crime. Through digital forensics, scientists can
discover, preserve, analyze, and formally document
digital evidence that can eventually lead to a conviction.
“Forensic science is all about using various scientific
processes to gather legally admissible evidence in
criminal proceedings,” explains criminal defense lawyer
Rowdy Williams. “Digital forensics is the newest branch,
recovering and processing evidence like text messages,
photos, criminal materials, and even location data
associated with our phones, laptops, tablets, etc.”
Digital forensics may be able to prove that you are or were in possession of illegal materials.
It may be able to demonstrate where a hacking attempt came from. It may be able to prove
whether your disclosure of sensitive company data was deliberate or an accident.
Additionally, it can apply to almost anything you can imagine. Digital forensics experts can
recover materials on your phone, your computer, your hard drives, and even online accounts
associated with you.
In this way, digital forensics can work in your favor or against you.
The process usually goes something like this:
· First response. The first response is going to vary heavily depending on the
circumstances. In some cases, this begins with a simple and easy request, but in others, the
first response is a massive wave of investigators seizing property.
· Search and seizure. Next, there's a search and seizure phase. During this phase,
investigators collect any physical materials that are necessary to conduct the investigation
and they begin processing these devices.
· Evidence collection. During this phase, investigators collect as much evidence as is
necessary for the case at hand. This usually involves making copies of devices and hard
drives and beginning to explore whatever data is available.
· Evidence security. Investigators must also exercise caution and implement measures to
preserve and secure the evidence they gather. This may include making redundant backups
and ensuring that the evidence isn't tampered with.
· Data acquisition and analysis. At this point, investigators can begin acquiring data and
analyzing it. Good digital forensics experts will leave no stone unturned.
· Evidence assessment. Once the analysis is complete, experts can start making an
assessment. Depending on the nature of the case, this may include making an informed
summary and a recommendation on what should happen next. For example, the digital
forensics investigator may conclude that an employee’s action was intentional and malicious.
· Formal documentation and reporting. For the sake of adhering to legal requirements,
the evidence must be formally documented and reported. Lawyers will actively review this
evidence.
· Expert witness testimony. In some cases, digital forensics experts may be called to
testify in criminal cases. They may be responsible for presenting the evidence, explaining it to
the jury, and answering questions from lawyers.
Why Should You Care?
Why should you care about this?
There are two main takeaways that the average person should have:
· Investigations can protect your business. First, if you own a business that operates
digitally in any capacity, it's important to realize that digital forensics may be able to protect
you or provide you with compensation for damage you sustained due to someone else's
hostility or negligence. For example, if your business is the victim of a cyberattack, or if a
disgruntled employee intentionally sabotages your business, digital forensics can give you a
way forward in proving what happened.
· Digital information is often recoverable. Second, data isn’t as easy to delete as you
might think. Simply deleting a document will likely send it to a temporary recycling bin, or
something similar. And even if you delete the document from there, it's not truly deleted from
the hard drive. It's wise to assume that everything you do on any of your devices is going to
be trackable and capable of being analyzed; exercise judiciousness and caution to avoid
being hurt by this. Being mindful of your online actions and keeping most of your actions
offline are both valuable habits. It's also important to remember that attempting to destroy
incriminating evidence may be illegal.
Digital forensics is an impressive field that keeps growing in both sophistication and potential
applications. Most of us hope that digital forensics will never be necessary in our own lives,
but if you're ever the victim of a digital attack, or if you're ever accused of a digital crime you
didn't commit, this field could be a genuine lifesaver.