SANS Digital Forensics and Incident Response Blog: Tag - eDiscovery

Caseleads: South Korea Attack Forensics; Google Glass Brings Discoverable Evidence To Litigation; The Post Data Breach Boom; Fighting Insider Fraudsters

Mark this date: On March 20th 2013, the non-technical managers may finally start to understand what a digital forensics professional actually does. With the massive cyber attacks on South Korean banks, media outlets, and ISPs, the role of forensicators is put front and center. The attack(s) resulted in widespread ATM outages, online banking and mobile … Continue reading Caseleads: South Korea Attack Forensics; Google Glass Brings Discoverable Evidence To Litigation; The Post Data Breach Boom; Fighting Insider Fraudsters


Intro to Report Writing for Digital Forensics

So you've just completed your forensic examination and found that forensic gem or smoking gun in your case, so how do you proceed? Depending on where you fall as a forensicator (e.g., law enforcement, intelligence, criminal defense work, incident response, e-discovery) you will have to report your findings. Foremost, find out what type of work product you are going to be required to produce to the client, attorney, etc. This will be your guide for completing your report. While the report writing part of the digital forensic examination process is not as fun as the forensic analysis, it is a very important link in the chain as Dave Hull summed it up here in a tweet.

As digital forensic examiners/analysts, we must report and present our findings on a very technical discipline in a simplistic manner. That may be to a supervisor, client, attorney, etc. or even to a judge and jury who will read and interpret your

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Destruction of adverse documents

It is an offence to destroy any document that is or may be used as evidence in an ongoing or potential judicial proceeding in most western (at least the common law) jurisdictions. An organization must not destroy documents on the foundation that the evidence is unfavorable. The penalties for the destruction of documents suspected to possibly be subject to litigation may perhaps end in a charge of obstruction to justice. This makes the determination of deleted material that has been destroyed following a litigation hold situation a key goal of the forensic investigator.

Adverse inferences are often upheld in litigation if a party cannot produce the required documents. There is also the hazard of reputation damage. In British American Tobacco Australia Services Limited v Roxanne Joy Cowell for the estate of Rolah Ann McCabe [2002] VSCA 197 the Judge in first instance seriously denounced BAT for the methodical destruction of a large number of records. Documents that may hold

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