Digital Forensic for Computer Crimes †MyAssignmenthelp.com

Question: Discuss about theDigital Forensic for Computer Crimes. Answer: Introduction Computer Crimes Crime is conduct that when done affects another party disadvantageously and could lead to punishment when the prosecution is undertaken. In concern to computer crimes, there exists a difficulty that comes up during the trial. The computer crimes or digital crimes make it a habit of not breaking some of the laws put down in the enforcement. The laws existing in the judiciary are not that advance to issue punishment to these offenders if not followed critically. With this in mind, the judicial proceedings put in ideas from the traditional prosecution systems. Some of the ways that this method is applied is in relation to some criminal offenses that include burglary and fraud. These crimes, when analyzed properly, can provide the means to coming up with judgment on digital crimes. In spite of the application of traditional criminal laws, the technology in computers is also developing. The computers are becoming more advanced in hiding information and tracing their uses even more challen ging(Daniel, 2012). Findings Criminal Law In this branch of law, the crime committed is viewed as interference to the normal proceedings of the society. Whenever one is said to have committed a crime, the judicial decisions could lead to a jail term. The guilty party is forced to take time for rehabilitation. Another end game is the provision of probation to the guilty party. This act is known to give verdicts that punish severely. The severe punishment is to make the offender learn from the mistakes done to prevent the future happening of the same crime. The decisions also lead to disciplining of law breakers(Andrew Jones, 2011). The suspect under scrutiny first needs to be proven guilty or innocent. This scrutiny is done by a jury in court. The jury has to see the offender as guilty without any doubt for the verdict to be guilty. To make the jury believe the evidence and come with a guilty verdict, the prosecutor employs the use of testifying individuals(Garrison, 2010). These testifications should be able to link the law breaker to the crime directly. In spite of the window of nailing criminals using proving parties, the offender can also get away scot free. In criminal law. The crime is grouped into two. These groupings include the felonies and the misdemeanors. Felony crimes are crimes that lead to serving jail terms. The crimes are punished severely. Also, the misdemeanors are the next category that only result in fining or serving of prison terms less than a year. Civil Law The public law defines crime as offense done to persons or businesses. This battery commonly makes losses or can lead to damage the involved parties. The public code also lacks the jail term decision from the jury in court. This law leads to financial security to the one who is affected by the crime. This is the primary purpose of the bill(Garrison, 2010). Financial securities in the civil law refer to damage compensation, punitive damages, even legal costs. The cases in this bill take less time to convict. This is due to the lesser burden during the gathering and proving of evidence when prosecuting. The prosecutor needs to make the jury believe in the testimony against the offender. A search warrant is also issued in this bill allowing seizing of proof. Insurance Insurance policies have been put in place to transfer risk in businesses conducted between parties to a lesser appreciable loss level. In computers, there could be a loss of data. The data lost in computer storage systems means loss of information which needs to be compensated. Hence an insurance policy steps in to demand the company that issued the agreement to pay up the loss. In some cases, the company that got issued the insurance policy may try to track the source of the data loss. In the process, there is an increase of loss during this time. The insurance states that the added loss incurred will have to be paid the concerned company. Rule of Evidence During investigations, the provision of proof kicks in. The investigation has to be thorough also the proceedings have to satisfy this law. In digital crimes. The tracing of the offense in the computer is proving to be cumbersome. The offenders are improving in the skills whenever they cause crimes. They cover their traces carefully thereby requiring the investigating committee also to have skilled trackers in computer technology(Gogolin, 2012). The investigators have to be able to identify together with existing the data in suspect computers. In addition to that, the traditional way of prosecuting suspects is by the provision of concrete evince. The evidence present in computer crimes are mostly intangible. Making it difficult to convict. Best Evidence Rule In the best evidence rule, the jury needs to be present with only original proof of the crime committed. The law disallows presentation of copies of evidence. The rule has therefore been amended to allow slight changes to this statement. The amendments have allowed usage of copies of in particular cases that include; Evidence loss that has been caused by an act of God. The acts of God include earthquakes, floods and much The normal conducting of business could also lead to loss of original copies. The presence of another party that even with issued warranty cannot be lead to them producing the original copies. Exclusionary Rule The exclusionary rule puts forward the idea of being in possession of incriminating evidence through the use of law enforcing party that legally follows the procedures. The legal proceedings are the one that directs the methods of obtaining evidence. Whenever the exclusionary rule is not adhered to, the proof of the crime is said to be fruits of the poisonous tree(Garrison, 2010). Hearsay Rule When an evidence e is provided as hearsay, the person issuing the evidence does not have a first hand relation to the crime(Robert E. Taylor, 2014). Another individual is the one who provides the source of the incriminating piece. The prosecution, therefore, lies in the hands of the legibility of the source. The competence of the second-party is a critical consideration in the hearsay rule(Gogolin, 2012). Chain of Evidence The investigation in crime leads prosecutors obtaining evidence. The evidence afterward needs to be secured properly and be tracked whenever logged to different persons. The accountability of the evidence brings about the chain of proof where the evidence is confiscated, secured and be put under control(Sammons, 2012). Admissibility of Evidence Digital crimes can be admissible. The level of eligibility is high due to the ease of tampering with the data. The evidence can easily be hacked can easily be lost due to short-circuited instruments or being close to magnet proximity. The judicial proceedings hence come up with an idea of providing evidence relevance and the reliability of the laws(Daniel, 2012). The Process of Investigation Examination process has to be prepared before execution. The following proceedings are the pre-investigation ways for undertaking scrutiny(Head of Department of Crime Policing Studies and Academic Director Robin Bryant, 2016). Identification of system that has been seized The digital crime targets computers and hence the infected computer need to be scrutinized to extract as much data as possible. The extraction puts together both the hardware specifications of and the software present in them(Sammons, 2012). Getting a warrant required and issuing it. Whenever a suspect is suspected of being in possession of evidence that relates to the crime committed, a warrant is the only way to obtain the evidence legally. The warrant is only issued if the investigator gives lots of reason for such a search. Once the permit is in place, the researcher, confiscation of the incriminating details possessed by the suspect is possible(Gilbert Peterson, 2009). Identifying a search team that will properly conduct an investigation. Before the inquiry begins, the law enforcing individuals should be able to hold a warrant, and the members need to be competent. The competency is assured by developing a team that consists of a lead investigator, some information security members, a department that is legal and some technical assistance(Daniel, 2012). Execution of Investigation The deployment t of security around the site Sketching and taking photographs of the site Identifying, marking and further packing the incriminating data. This collection needs to adhere to the rule of evidence. When the third step begins, and the computer is found to be on, the investigator has to take a video that records by use of scrolling effect(Cruz-Cunha, 2014). Also, taking photographs adds to the accountability. After making the video, the computer is good to be shut down bearing in consideration of a logical mainframe shutdown. One way that eases the tiresome conducting of this step is by conduction of the investigation of on the premise that crime was committed. Getting access to the surveillance system of the suspect. Deeply looking at the evidence obtained. Forensic Tools used in Investigation There are some survey tools pens that can be used in digital crime investigation. The tools applied in the investigation intended t obtain incriminating evidence in the related area of expertise(Lilley, 2002). The computer can be analyzed. Tha analysis is done in its network traffic. In the network analysis, the sniffer tool is applicable. A sniffer tool that may be Wireshark, intercepts any network traffic to produce logs that are noted down for more review. Another tool that is applied in the digital crime prosecution is NetworkMiner. networkMiner extracts and recovers all documents in a computer affected. In cases where real-time surveillance is required, Sort tool is best. The tool is at its best when tracking down offenders(Daniel, 2012). Annalysis Conducted Reporting Digital crimes are committed almost every time. The act, however, will not assure arrest as the result or clearance of the offender(Panagiotis Kanellis, 2006). The police have to secure the evidence that prosecution required for jury decision. The confiscated evidence is then presented to the jury that determines the fate of the one who committed the crime. Along the way, difficulties arise. Problems in investigation such mess in accountability and handling of incriminating documents(Gilbert Peterson, 2009). The research is about the use of evidence categories in coming up with ways of convicting digital criminals. The groups include hearsay rule. After reporting the crime, a test can be done to determine the admissibility(Barrett, 1997). A Frye test is the way forward in the determination. The results acquired are used in the NIST tools that scientifically establish the validity of the accusations. Finally, the party accused is provided the duplicate of the charges. Another alternative way of alerting the defense is by giving them access to see the allegations(Casey, 2009). All in all, the reporting procedure aims at identification any fact that is relating to the crime at hand. The report should be able to give an investigative format of accounting of specific incidences of digital crime. More to it is the possibility of discrepancies that may be instigated by witness statements. The report characteristics include as shown below(Daniel, 2012); Well organized documentation of the incident description of the act. Should contain all the statements provided y the witnesses Should be able to reference all the evidentiary articles. Should have a forensic analysis that describes the investigation. There needs to be some conclusion. The conclusion has to have come from the stated facts. Noe of the opinions from the investigator is included in the report. The report provided by the prosecutor must also be handed to the defense. Legal Proceedings in Digital Crime(Sammons, 2012) Discovery and protection orders Here, the case is presented the report of the investigation and witness list. The step only omits the method of presenting the evidence in court for prosecution. However, the copy submitted to the judicial proceedings can be limited. The court can restrict the access of the documents in court. Allowing secretive holding of sensitive documents. Grand jury hearing and preliminary hearings. The affected company will have to choose a law enforcer such as a prosecutor to take them through the court trials. The trial Tests can take a while to be scheduled due to the back to back backlog routine of the court. Here the criminal and civil law are conducted and can be run parallel. Damage recovery If any party intends to recover losses incurred then the public law comes in handy. Review of Postmortem The preventive measure for breach leading to the crime is examined. The security plans are laid down to make a response plan, policy of planning, monitoring of electrical systems and developing warning banner against unauthorized access. Conclusion Computer crime is a type of art that needs planning. The planning helps in its execution and in turn its investigation also needs planning. During investigation, the major responsibility is to get the nature and the size of damage to the affected system after which digital forensic kicks in. the investigations therefore need to be deeply conducted to understand how to detect, solve and prevent future crime. Thereby, the investigator needs to have a good understanding of the law(Daniel, 2012). References Andrew Jones, C. V. (2011). Building a Digital Forensic Laboratory: Establishing and Managing a Successful Facility. Denver: Butterworth-Heinemann. Barrett, N. (1997). Digital Crime: Policing the Cybernation. atlanta: Kogan Page. Casey, E. (2009). Handbook of Digital Forensics and Investigation. Chicago: Academic Press. Cory Altheide, H. C. (2011). Digital Forensics with Open Source Tools. Philadelphia: Elsevier. Cruz-Cunha, M. M. (2014). Handbook of Research on Digital Crime, Cyberspace Security, and Information Assurance. New York City: IGI Global. Daniel, L. E. (2012). 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Digital Crime and Forensic Science in Cyberspace. Chicago: Idea Group Inc (IGI). Robert E. Taylor, R. W. (2014). Digital Crime and Digital Terrorism. Denver: Pearson Education. Sammons, J. (2012). The Basics of Digital Forensics: The Primer for Getting Started in Digital Forensics. Atlanta: Elsevier. Wiles, J. (2011). TechnoSecurity's Guide to E-Discovery and Digital Forensics: A Comprehensive Handbook. New York City: Elsevier.