The Digital Evidence Investigation Flashcards
What is this a definition of:
the methodological acquisition, authentication, reconstruction, and examination of digital media using computer software, hardware, and analytical techniques for the purpose of presenting digital evidence in a judicial or quasi-judicial proceeding.
Digital forensics
What changes were made to the criminal code in 1983?
To address the use of computer to commit or aid in committing crimes.
What type of testimony can police officers be called for in digital forensic investigations?
Expert or lay witness. Depends if opinion is needed.
What key terms related to digital forensics are defined in the criminal code?
Computer data
Transmission data
What is a preservation demand?
Requires a person to preserve computer data in their possession or control when the demand is made.
What are the conditions for making a preservation demand?
Officer must have reasonable grounds that:
An offence has been or will be committed; AND
The computer data is in the person’s possession or control and will assist in the investigation of the offence.
What is the limitation of preservation demands?
The demand cannot be made to a person under a criminal investigation
What is the result of the limitation to preservation demands?
PD, production orders and assistance orders often go hand in hand and apply to non-accused persons who may have valuable evidence.
What term does this define:
means representations, including signs, signals or symbols, that are in a form suitable for processing in a computer system
Computer data
What term is this defining:
means representations, including signs, signals or symbols, that are capable of being understood by an individual or processed by a computer system or other device.
Data
What term is this defining:
a medium on which data is registered or marked
Document
What term is this defining:
data that relates to the location of a transaction, individual or thing.
Tracking data
What is transmission data?
Can see what a device is sending or communicating with, does not tell use the substance of that communication
What information can be adduced from transmission data?
Date and time of communication
Duration of communication
General location of device based on cell tower data
What is a production order?
Order for company to produce the data.
What is an assistance order?
Requires company to assist in investigation.
Instead of digital or physical evidence, what term dose the Canada evidence act use?
Electronic
What is the best evidence rule with respect to digital evidence?
The party submitting the evidence should submit the original unless unable to do so.
When is the best evidence rule satisfied?
- Proof of integrity of system; OR
- If evidentiary presumption applies
What are the two relevant assumptions related to digital evidence?
Presumption of integrity
Presumptions regarding secure electronic signatures
What type of evidence is digital evidence considered to be?
Latent
Does an electronic document in the form of a printout satisfy the best evidence rule?
Yes
What is the digital question to answer?
Who is responsible for performing some digital action on the subject media and what is the resulting output?