CyberSecurePakistan2013-Electronic evidence

Transcription

CYBER CSI:
ADMISSIBILITY OF
ELECTRONIC EVIDENCE
Copyright © 2013 CyberSecurity Malaysia
Who Are We?
• CyberSecurity Malaysia is the national cyber security
specialist centre under the purview of the Ministry of
Science, Technology and Innovation (MOSTI)
• We look after the safety of Malaysia cyberspace. We
provide safety tips, advisories and specialized services
in the field of cyber security
2
Digital Forensics Department (DFD)
 Provide Malaysia Law Enforcement (LE) agencies with
in–house digital forensics capabilities:
I. Digital Evidence Analysis and Cyber Investigation
including forensics analysis of audio and video
II. On-site investigation support
III. Data Recovery (logical, electrical and mechanical
recovery)
IV. Digital Evidence Preservation Facility
V. Expert Development Lab
3
DFD roles
• To provide Digital Forensics
services to all Law Enforcement
Agencies in Malaysia in criminal
cases
• To provide Digital Forensics
services to private organization /
individual in civil cases
• To appear in court of law for
expert testimony presenting the
digital evidence findings and
analyses
4
Forensics Analysis Center
 Department of Chemistry, Malaysia
 Reference center for physical
evidence examination and analysis
 CyberSecurity Malaysia
 Reference center for digital
evidence examination and analysis
5
Case statistics from 2002 - 2012
Total
700
600
111
131
500
172
Data Recovery
Digital Forensic
400
162
300
444
549
137
428
200
105
91
100
58
30
49
48
212
13
0
2002
5
2003
161
20
2004
45
2005
41
2006
116
2007
2008
2009
2010
2011
2012
Year
6
Case study
7
Newspaper cuttings
ALTANTUNYA
MURDER CASE
8
Newspaper cuttings
VK LINGAM TAPE CASE
9
Newspaper cuttings
HINDRAF CASE
ILLEGAL INVESTMENT CASE
10
Newspaper cuttings
NURIN JAZLIN KIDNAP CASE
SOCCER GAMBLING CASE
11
Newspaper cuttings
DSAI LIWAT 2 CASE
12
12
Newspaper cuttings
DSAI CHINA DOLL CASE
13
13
Newspaper cuttings
TAX EVASION CASE
14
Newspaper cuttings
COPY RIGHT CASE
15
15
Newspaper cuttings
INSULT SULTAN PERAK CASE
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16
Understanding
digital forensics
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Digital Forensics Definition
The Science Of Digital Forensics
“Digital Forensic (DF) is the scientific
examination and analysis of digital data
held on or retrieved from digital storage
media for the purpose of presentation in a
court of law, together with the study of the
legal aspects of computer use and
misuse.”
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Roles of digital devices in cyber crime
As a tool
As a target
Incidental to the
crime
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The importance of electronic evidence
• Digital evidence can be:
– Lead to an investigation
– Supporting evidence
– Key evidence
• Crucial to complete the “missing
puzzle” in a case investigation
20
Understanding
the concept of
electronic evidence
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‘ELECTRONIC EVIDENCE’ definition
• According to Malaysia Law, the definition of electronic
evidence is as follow:
• SECTION 62 (3)
Evidence
(Amendment) Act
1993
-“Documents
produced by a
computer”
• SECTION 2 Computer
Crime Act 1997
-“Computer output”
22
Cyber related laws of Malaysia
Cyber Specific Laws
Non Cyber Specific Laws
Specific legislation governing
online matters
Legislation that may be used to
regulate online matters whenever
applicable
• Communications and Multimedia
Act 1998
• Optical Disk Act 2000
• Computer Crimes Act 1997
• Digital Signature Act 1997
• Telemedicine Act 1997
• Electronic Commerce Act 2006
• Electronic Government’s
Activities Act 2007
• Personal Data Protection Act
2010
•
•
•
•
Copyright Act 1987
Sedition Act 1948
Penal Code
Defamation Act 1957
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Gathering of electronic evidence
• Detection and investigation
– Preliminary information gathering
• Preservation of electronic evidence
– First responder team
– Dead acquisition and live
acquisition
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Examination and analysis of electronic
evidence
•
•
•
•
Objective of examination and analysis
Types of seized exhibit
Standard and procedure in forensic examination
Tool and equipment used
25
Common defense tactics
• Common defense tactics are:
– To discredit the expert witness
reputation
– To discredit the digital forensics
examination procedures
– To create reasonable doubt on
electronic evidence
26
Analyst competency
• All digital forensics analysts must professionally certified
such as GCFA, EnCE, ACE and etc
• Digital forensics analyst are compulsory to sit for
competency and proficiency test on yearly basis
27
Recognition under the law
• Recognition under Malaysia
law, by being gazetted under
CPC 399
Criminal Procedure Code (F.M.S
Cap 6)
•Report from DFD, CSM is admissible
in the court of law without the need to
testify in court unless if required.
•f) any person or class of persons
to whom the Minister by
notification in the Gazette
declares that the provisions of
this section shall apply.
28
ASCLD/LAB-International accredited lab
• Ensuring the quality of
digital forensics
examination procedures
•CyberSecurity Malaysia digital
forensics laboratory have been found
to meet the requirements of ISO/IEC
17025:2005 “General Requirements
for the Competence of Testing and
Calibration Laboratories” the
ASCLD/Lab-International
Supplemental Requirements for
Testing Laboratories: 2011 and all
other requirements of the ASCLD/LAB
International in the field of Forensics
Science Testing
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Scope of Accreditation
Field of Accreditation
• Forensics Science Testing
Discipline
• Digital & Multimedia
Evidence
Categories of Testing
• Computer Forensics
• Video Analysis
• Audio Analysis
• Image Analysis
30
30
SUMMARY: Points to ponder
• The crimes that are being committed
have not changed, just the manner in
which they are being committed
• Every action leaves a trail of evidence
and traceable through Digital Forensics
• Electronic evidence extracted from
digital devices must be discovered,
examined and retrieved in a way that
will fulfill legal requirements
• Otherwise such evidence will be
inadmissible in a criminal or civil trial
31
32

CyberSecurePakistan2013-Electronic evidence

Transcription

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