CISSP ch 19 Flashcards
EDRM
Electronic Discovery Reference Model – standard process for conducting eDiscovery:
Information governance
Identification
Preservation
Collection
Processing
Review
Analysis
Production
Presentation
Information governance (EDRM)
Ensures that information is well organized for future eDiscovery efforts
Identification (EDRM)
Locates the information that may be responsive to a discovery request when the organization believes that litigation is likely
Preservation (EDRM)
Ensures that potentially discoverable information is protected against alteration or deletion
Collection (EDRM)
Gathers the relevant information centrally for use in the eDiscovery process
Processing (EDRM)
Screens the collected information to perform a “rough cut” of irrelevant information, reducing the amount of information requiring a detailed screening
Review (EDRM)
Examines the remaining information to determine what information is relevant to the request and removing any information protected by attorney-client privilege
Analysis (EDRM)
Performs deeper inspection of the content and context of remaining information
Production (EDRM)
Places the information into a format that may be shared with others and delivers it other parties, such as opposing counsel
Presentation (EDRM)
Displays the information to witnesses, the court and other parties
Artifacts
items of evidence that you maintain and may use in court, may include physical devices, logs and data generated by those devices
NIST SP 800-86
National Institute of Standards and Technology’s Guide to Integrating Forensic Techniques into Incident Response
Admissible evidence
Relevant, material and competent
Evidence must be relevant to determining a fact;
Fact that the evidence seeks to determine must be material (i.e., related) to the case; AND
Evidence must be competent, meaning that it must have been obtained legally. Evidence that results from an illegal search would inadmissible because it is not competent.
Real / object evidence
Things that may actually be brought into a court of law
Examples in criminal case: murder weapon, clothing or other physical objects
Examples in computer crime case: seized computer equipment, keyboard with fingerprints on it, hard drive from a malicious hacker’s computer system
Must be authenticated
Authentication of real/object evidence
Witness must identify an object as unique and unaltered
If not possible to identify an object as unique, chain of evidence / chain of custody must be established
Chain of evidence documents everyone who handles the evidence, including the police who originally collects it, the evidence technicians who process it, the lawyers who use it in court
Location of the evidence must be fully documented from the moment it was collected to the moment it appears in court
Requires thorough labelling of evidence and comprehensive logs, noting who had access to the evidence at specific times and the reasons they required such access
Each person who handles the evidence must sign the chain of custody log, indicating the time they took direct responsibility for the evidence and the time they handed it off to the next person in the chain of custody