Data Recovery in Forensic Investigations
Computer forensics deals with the gathering, preserving and presentation of such evidence before a court of law. It also involves recovering data that might prove to be incriminating evidence against the guilty, and finding proof that someone wrongly accused is not the perpetrator of the crime. The only snag is that, when it comes to computer forensics, matters are much more muddy, since the area is still relatively new. While the law is trying to shake itself out of its long stupor, criminals are getting away, and innocent people are being victimised. At least the police are being trained to handle digital evidence, but there are solicitors, jurors and judges who are producing the wrong verdict too often because of their ignorance.
Two Cases
The 2003 case of Aaron Caffrey is still quoted as an example of misrepresentation of evidence in computer related cases. The nineteen year old boy from Shaftesbury, UK was accused of attacking the Port of Houstons web based systems. Caffrey insisted from the beginning of the case that he was a victim rather than a criminal. According to the prosecution, the massive goof up at Houston was a result of a misdirected attack from Caffreys computer against a fellow chat room user. According to the defence, a Trojan had gained control of Caffreys computer and it was thus remotely manipulated into launching the attack. Computer forensics conclusively proved that the attack was indeed launched from Caffreys computer, but no trace of the Trojan was found. Caffreys lawyer pleaded that Trojans can wipe themselves out. It took the jury just three hours to unanimously declare Caffrey innocent on the final day. There are still strong doubts harboured about the case.
The case of Julie Amero, a school teacher from Connecticut, USA has been reopened. Amero was convicted of exposing her students to child pornography on the classroom computer. Without going too much into the details, it can be said that Amero was a substitute teacher who spent long hours surfing instead of attending to her duties, but she was more interested in looking for hairstyle sites, than pornography. Unfortunately, one such site lad a porn link, and on that day, the pop ups simply refused to close, as a frantic Amero tried to do so repeatedly. The question is was this a result of Ameros own search, or was it a link that came through an otherwise innocent looking site? The teacher was not really interested in teaching the children, but she was probably not interested in showing them pornography either.
And a Conclusive One
This is the bizarre case of Robert Petrick, a Mac specialist from Durham, UK who had murdered his wife. Data recovery revealed that Petrick had searched for neck snap break, 22 ways to kill a man with your bare hands, and other such bloodthirsty topic to prepare for his wifes murder. A very thorough man, he even studied the depth and topography of the lake where he was planning to dump her body. Needless to say, Petrick was not as lucky as Caffrey.
The Role of Data Recovery
These three cases are examples of how data recovery can be used in a legal case. A computer forensics expert has four duties while handling a case:
1. Identifying the source of evidence The expert first identifies from where the crime has been committed. For example, Caffreys computer or Ameros school PC. If a hacker is involved, then the expert will have to go on a digital trail to nail the culprit.
2. Gathering the evidence The evidence is now gathered in a manner so as to preserve it for court presentation. Any signs of tampering will render it suspect, and the expert who has done the job will be sued.
3. Analysing The expert then analyses the evidence to decide how the crime was committed.
4. Documenting The findings are now documented for court use.
At the end of the day, data recovery is also a tool in the hands of the person using it. Its effectiveness is beyond doubt. And like all powerful tools, it is two edged. It is up to the discretion of the human using it to turn it into a weapon for justice. |
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