#9 Technical issues
Encryption
Encrypted data can be impossible to view without the correct key or password. If the key isn’t available or the owner won’t reveal it, it may be stored:
elsewhere on the computer
on another computer which the suspect can access
on the computer’s volatile memory (RAM). This is usually lost when a computer is shut-down
When encryption may be present, the examiner may need to consider using the ‘live acquisition’ techniques outlined above.
Increasing storage space
Storage media hold ever-greater amounts of data, so the examiner’s analysis computers need sufficient processing power and available storage capacity to search and analyse large amounts of data efficiently.
New technologies
Computing is a continually evolving field, with new hardware, software and operating systems emerging constantly. No single computer forensic examiner can be an expert on all areas, though they are often expected to analyse things that they haven’t encountered before.
This means computer forensics examiners must be prepared and able to experiment with new technologies. At this point, networking and sharing knowledge with other computer forensic examiners comes in useful, because someone else may already have come across the same issue.
Anti-forensics
Anti-forensics is the practice of attempting to thwart computer forensic analysis through encryption, over-writing data to make it unrecoverable, modifying files’ metadata and file obfuscation (disguising files). As with encryption, the evidence that such methods have been used may be stored elsewhere on the computer or on another computer which the suspect can access.
In our experience, it’s very rare to see anti-forensics tools used correctly and frequently enough to totally obscure their presence or the presence of the evidence they were used to hide.
Legal issues
Legislative domains
Data often isn’t stored on a person’s computer but on remote computers which they are renting storage space on, otherwise known as the ‘cloud’. This data may be in a different country, meaning access to it could involve different legislation. And if access is possible, it may be complicated and expensive.
Legal arguments
Legal issues can confuse or distract from a computer examiner’s findings. One example of this is the ‘Trojan Defence’. A Trojan is a piece of computer code disguised as something benign, but which has a hidden and malicious purpose. Trojans have many uses, including key-logging, uploading or downloading files, and installing viruses.
A lawyer may be able to argue that actions on a computer were not carried out by a user, but instead automated by a Trojan without the user’s knowledge. This kind of Trojan Defence has been successfully used even when no trace of a Trojan or other malicious code was found on the suspect’s computer.
In such cases, a competent opposing lawyer supplied with evidence from a competent computer forensic analyst should be able to dismiss the argument. A good examiner will have identified and addressed possible arguments from the ‘opposition’ during the analysis and writing stages of their report.
Administrative issues
Accepted standards
There are all kinds of standards and guidelines in computer forensics, few of which are universally accepted. The reasons for this include:
Standard-setting bodies can be tied to particular legislations
Standards are aimed either at law enforcement or commercial forensics, but not both
The authors of such standards are not accepted by their peers
High joining fees for professional bodies can discourage practitioner