Seizing Electronic Evidence Best Practices Secret Service http

Seizing Electronic Evidence ● Best Practices – Secret Service ● ● http: //www. treasury. gov/usss/electronic_evidence. htm Electronic Crime Scene Investigation – NIJ ● http: //www. ojp. usdoj. gov/nij/pubs-sum/187736. htm

Before You Twitch ● ● ● Consent search or Search warrant ● Understand the nature of the crime ● Read the search warrant Concerns ● Safety – It is a crime scene ● Destruction of potential evidence Plan, Plan ● The seizure ● The collection techniques ● The order of events

What to Take Along ● 1) Evidence Tape ● 2) Chain of Custody forms ● 3) Reading Glasses ● 4) Inventory forms ● 5) Camera (battery, memory) ● 6) Backup disposable camera ● 7) Tool kit. Jewelers set. Needle nose pliers. ● 8) Sharpies, pens ● 9) Adhesive tape ● 10) New, wiped and verified Hard Drives in Pelican, w/lock ● 11) Gloves ● 12) Static wrist bands

More stuff ● 13) Tableau Pelican (ATA, SCSI, e. SATA, Firefly) with power supplies and line cords. Firewire I/F cables, laptop adaptor. Small laptop adaptor. ● 14) Firewire I/F board. ● 15) Several USB mouse. Two PS mouse. ● 16) Laptop with X-Ways and FTK (crossover tested) ● 17) e. SATA interface ● 18) USB-small USB cable ● 19) PS 2/USB converter ● 20) Small flatscreen monitor ● 21) UPS ● 22) Extension cord ● 23) Power strip (2) ● 24) Digital Media Flash reader

And More Stuff ● 25) DOS Boot w/Firewire USB. ● 26) DOS Boot with utilities ● 27) 1 GB NIC ● 28) ATA interface with cable ● 29) CDs with Win. Hex, FTK, Linen, ● 30) Boot CD with Helix/Lenin, Boot USB ● 31) F-Response CD ● 32) Dongles – FTK, X-Ways, F-Response ● 33) Flashlight ● 34) Powered USB Hub ● 35) Magnifying Glass ● 36) Blank Labels ● 37) Bottle water

Computers & Crime ● Fruits of crime ● ● Tool of criminal activity ● ● Drug records, meth formulas Repository of contraband ● ● Hacking, counterfeit documents Repository of incriminating evidence ● ● Stolen computers Toons, Tunes Unwitting record of criminal activity ● e-mail records, Browsing history

Potential Evidence ● Probable cause to seize HW? ● Probable cause to seize SW? ● Probable cause to seize Data? ● Where will the search of the seized evidence be conducted? ● ● Careful of business interruption issues and proprietary information. Depends on the role of the computers in the crime.

Prior to Serving the Warrant ● Start your investigation report ● Understand the nature of the crime ● ● Describe the role of the computer/digital device in the crime Describe the limits of your investigation ● Probable cause for seizure ● What can be seized ● What can be looked at ● Where is the search to be conducted

Expect the Unexpected ● If it is not covered in your search warrant ● Get approval from DA ● Get approval from Detective in charge ● Take very detailed notes justifying your actions

Role of the Computer ● Contraband computer ● ● Tool of the offense ● ● HW or SW stolen? Writing counterfeit checks, Ids Incidental to the offense ● Data storage

Seize what ● HW ● SW ● Data ● All things digital ● All things related to digital ● Media, notes, documentation ● Stay within the bounds of the search warrant

Seize/Search where ● On site, in the field office, in a lab ● Disposal of seized items ● Consider the size of the seizure ● Suspects: ● Interview ● Passwords ● Location of data ● Installed software ● Network ● Etc.

Expectation of Privacy ● ● There is no blanket guarantee of privacy in the Constitution. The 4 th Amendment sufficed until telephones etc. ● The Wire Tap Law (1934) ● Further refined in: ● ECPA 1986 ● CALEA

Legal Invasion of Privacy Legal Instruments for Search and Seizure ● Search Warrants ● Warrantless Searches ● Subpoenas ● Wire Taps/Surveillance ● FISA – It is a new world. ● NSL – It is a brave new world ● NSA – ? ? ?

Search Warrant ● Obey the Constitution ● Specifies ● ● ● Place ● Persons ● Stuff – papers, effects Show Probable cause ● Contained in a sworn affidavits ● Support for probable cause Signed by a Judge with jurisdiction

Warrants ● Expectation of privacy ● In public places ● Requires warrants to conduct surveillance ● If given to a 3 rd party, no expectation of privacy ● – Telephone records, bank deposits, etc. – Requires subpoena Careful: Exclusionary Rule ● If government agents engage in unlawful searches of seizures, then all fruits of search are excluded from further legal action.

Warrant ● ● Warrant to seize computer HW is different from warrant to seize information. Seize HW if the HW is contraband, evidence, etc. ● ● Warrant should describe HW. Seize information if it relates to probable cause. ● Warrant should describe information. ● Either image HDD on site OR ● Seize the HW and image at the office ● Be sure you have a warrant for and description of HW.

Back to Warrants ● Search warrants and computers, etc. ● Much confusion over the wording of the warrant ● Search and Seize ● HW ● Contents ● Information ● Where – home or the office?

Search Warrants for Computer stuff ● Be very careful ● Get 2 search warrants ● Number 1: ● ● Search premises, people, vehicles, etc. ● Seize computers, docs, data media, etc. Number 2: ● Search the contents of the computers, digital devices, etc. ● Business practice concerns taken

Warrantless Searches ● Permission ● Incident to arrest ● Plain sight ● Recent Oregon ruling “Through the window of ones home is not in plain sight”

Search Warrants ● Electronic Device Search Warrant ● ● ● HW, SW, documents, storage media notes Stored Data ● Requires a separate warrant ● Examination of data Service Provider Search Warrant/Subpoena ● Utilities, phone cable, satellite, cellular, internet, etc. ● Billing records, service records, subscriber info, etc.

More Planning ● What are the restrictions? ● Photographs, video ● Proprietary information ● Classified information ● Business records ● Business continuity ● Chief is ticked when he gets a law suit for business losses!

The Search & Seizure ● Secure the scene, restrict access ● Preserve the area, no more fingerprints ● Insure the safety of all concerned ● Nobody touch nothing! ● ● Usually the forensic specialist will not be a first responder. However, often they are.

Notes ● ● Keep a very detailed log of every operation action ● Details ● Time ● Order They can cover a lot of mistakes during the seizure and search ● What did you do. ● What reasons for doing it. ● Itemize potential harm versus another way of doing it.

Rule # 1 ● If it is off, leave it off. ● Photograph the screen and then pull the plug ● Be very cautious if there is network visible ● Such as cables ● Blinking lights ● Get a specialist ● You are the specialist.

Pictures of Everything ● ● Floor plan ● Locate all equipment ● Number all equipment on the floor plan ● You will have to reconstruct Photograph/Video graph ● The entire area containing HW & cables ● The screen of each computer that is on. ● Much more later

Photos ● Items and placement ● Each Item ● ● Placement ● Model numbers, Serial numbers ● Front ● Back ● Cables ● Anything that might be of interest. You only get one chance to record the original evidence

After Pictures of an “on” PC ● ● If the computer is a stand alone PC ● pull the plug ● Vista is different ● Do not turn it off If it is a laptop ● Pull the plug ● If it is still on, it has a functioning battery – Pull the battery – Keep the battery separate

New World ● Have to beat the trojan defense – ● Business interruption – ● Live acquisition Network activity – Network sniffer

Examples – Screen(s) If the computer is on photograph the screen. If a screen saver is evident don’t wiggle the mouse to see what is under it. Make sure it is in focus!

Tape All Orifices with Break Away Tape Prove: No one has touched the system.

Back Photo of the back with all of the connections tagged. More photos of each connection identified. In your log both ends of each connection should identified and cross refrenced with your photos.

Front Inside

Hard Drive S/N & System S/N IDs and S/Ns are important

Network Gear Don’t forget all the network connections and devices. Photos should show connection labels as well as general configuration. Multiple photos.

Examples – Serial Numbers This is the photo of the back of the monitor. Photos should show Model number and serial numbers.

Examples – Media Photograph the media. Also be able to show the location of the media found. Cross reference to the sketch. Also the media should be assigned a Item #.

Evidence Collection ● ● Locate Evidence ● Tie to sketch ● Connectivity Photograph evidence ● ● Coordinate with the general photographer Assign an Item Number, tag and log in the Evidence Inventory Form ● Bag – Item #, Date, Time, Who ● Enter into custody log ● Transfer custody to Judisdictional Agency

Evidence Inventory Form

Serial Cable to Serial Port

Network ● Photograph, diagram and label everything ● Can a live forensics capture suffice? ● Get a sniffer on the network as close to the gateway as possible ● ● Ethereal on a USB device Be prepared for this sort of situation ● Tools, tools on the USB ● Make sure the USB has enough memory for traffic capture ● Document every program you run on a host ● Document every thing you do!

Network Spaghetti

Tag and Bag ● Tape every drive slot shut ● Photograph, diagram and label all components ● Photograph, diagram and label all connections ● Photograph, diagram and label all cables – both ends ● You will have to reconstruct ● Pack it for transport ● Keep it away from EM ● Collect all printed material ● Docs, records, notes

Seizure ● ● ● If the network is active ● Do not power down any networking gear ● They have no hard drives ● All evidence is volatile ● If no significant network traffic disconnect from the ISP Using the USB device harvest the routers and switches Then disassemble the network ● ● Seize the servers and work stations Get the network admin to help ● They could corrupt the data, SO be careful

Liabilities ● Criminal and civil ● Destruction of business relevant data ● Disruption of business services ● Make detailed notes of your steps ● Every step

Other Devices ● Cell phones ● Printers ● Cordless phones ● CD duplicators ● Answering machines ● Labelers ● Caller ID devices ● Digital cameras, video ● Pagers ● GPS ● Fax ● Game boxes ● Copiers ● PDA’s ● Tivo’s ● Home electronic devices

Other Devices (cont’d) ● ● ● Magnetic strip Readers& writers – Check writers ● Make credit cards – Bar code writers – Hologram writers – Special printers ID card writers Smart cards Writers & readers RFID ● ● Home grown gear ● ● Writers & readers Security systems ● Counterfeiting

Cell Phones

Cell Phones ● A treasure trove of evidence ● Numbers ● ● Dialed and received ● Calling card numbers ● PIN numbers Messages ● Voice, text ● Time lines ● All is volatile to some extent ● Internet access information

Cell Phones ● Web surfing history ● Cookies ● Cached data ● Stored programs ● ISP information ● Subpoena ISP for customer information ● Recent syslogs ● Cell provider keeps activity records ● Subpoena information ● Tracks recent where abouts

Cell Phones ● Architecture ● Computer ● User interface ● Transceiver ● OS ● Networking stack ● I/O – Blue tooth – IR – Serial

Seizure - On ● If it is on, leave it on ● Lockout features ● Volatile memory may contain info – Access codes, PINs, passwords – Recent financial transactions ● Photograph screen ● Document everything you do ● Take all power cords and docs ● Be very careful – It is on – If it does something it may construed as WIRE TAP – Put in a Faraday bag, prevents communication with tower

Seizure - Off ● Tag and wrap ● Get to an expert ● Get all the ancillary gear ● ● Head set ● Remotes ● Serial connects Find service provider ● Subpoena

Cordless Telephones ● Not as rich as cell phones ● Numbers called, stored ● Perhaps Caller ID ● Voice mail ● ● Recent ● May contain recoverable erased voice messages ● Be careful – WIRE TAP On screen info may be relevant ● Photograph and document

Answering Machines ● Same old, same old ● Numbers, times, voice content ● WIRE TAP caution if it is on.

Caller ID Boxes ● More numbers and times ● Unplug from phone line ● WIRE TAP caution applies ● If off leave it off ● If on leave on ● Tag, photograph, document ● Does it have battery backup ● ● ● No - pull the plug Yes - get an expert Get everything

Pagers ● Pages ● Numeric ● ● Text messages – Incoming & Outgoing ● ● ● Info – some are held on device Others, one must subpoena from provider Voice mail ● ● Call back #, codes, passwords, etc. Must subpoena from provider E-mail ● ● Some held on device Others at provider

Pagers ● Architecture ● Transceiver ● CPU and memory ● Simple to elaborate user interface ● Often has a full keyboard ● Reasonable display

Pagers - Seizure ● ● On ● Caution: real time communications intercept after seizure ● Get it away from suspect ● Document and photograph ● Turn it off ● Caution on battery life ● Tag and bag Off

Fax, Printer, Copier, ID Printers ● Today they are converging into one machine ● Architecture ● Computer ● Ethernet ● Phone line ● Massive storage – 20+ Gigabytes ● Extensive display tree

Fax – Printer - Copier

Fax, Printer, Copier, ID Printers ● Dial lists, e-mail addresses, times, logs, headers ● Stored documents ● Sent ● To be sent ● Received – not opened ● Received – opened ● Photographs, personal info

Seizure ● If off leave it off. ● ● If on ● ● Tag and bag Photograph and document especially comms connections An attempt may be made to access memory and capture the most recently printed document. If the device is a scan first and then dispatch, every thing is stored on the hard drive. ● Disconnect the comms interfaces ● Tag and bag Determine phone connections ● Subpoena service provider

Custom Stuff ● RFID readers/writers ● Credit card readers/writers ● Smart card readers/writers ● Bar code readers/writers

Security Systems ● Ingress/egress logs – time line, IDs ● Service provider ● System info ● Photograph and document location of all devices ● Text, video ● Tag and bag all stored data and recorded data. ● Detailed documentation – you can’t tag and bag

Stuff ● Docs, notes, documentation, etc. ● Credit cards, smart cards, RFIDs, etc ● CDs, DVDs – all media