Digital Forensic Expert Witness

What is a Digital Expert Witness

Digital forensics is defined as the science of identifying, collecting, preserving, documenting, examining, and analyzing evidence from computer systems, the results of which may be relied upon in court. It is replicable and comprehensive, involving the use of a computer to both obtain data from a digital device and analyze that data.

Digital forensic expert witness uses a host of tools to extract and examine information, from manually looking at the binary code of a file to using software that automates many examination processes.

They consider the digital evidence’s unique nature and volume. Analyzing binary data requires presenting it in a comprehensible manner for investigators and attorneys since untrained individuals might misinterpret the data’s meaning.

During the testimony, the digital forensic expert witness chronologically describes events along with their findings and includes findings in the expert witness report.

Steps involved in digital forensic expert witness services:

1. Identification
2. Preservation
3. Analysis
4. Documentation
5. Presentation

Source: Pexels

Types of Digital Forensics

1. Network forensics

Network traffic analysis is conducted to address inquiries about activity, encompassing intrusion detection and response.

2. Wireless forensics

Wireless or Wi-Fi forensics is a digital computer forensic discipline that aims to offer tools and methodologies for data collection in wireless traffic environments and subsequent analysis for use in court.

3. Database forensics

It is dedicated to preserving and analyzing relational and non relational database artefacts. Its primary objectives are to trace past activities within database systems and recover previously deleted data.

4. Malware forensics

Malware disrupts, damages, or breaches computer systems. Malware forensics/ analysis uncovers crucial data on its capabilities, entry points, propagation, and data exfiltration to attackers and reveals vital information for incident triage and prevention.

5. Email forensics

Email forensics investigates, extracts, and analyzes emails for digital evidence, aiding crime investigations and incidents in a sound manner. it’s conducted across various aspects of emails, mainly including Email messages.

6. Memory forensics

Memory forensics analyzes volatile data in computer memory dumps. It helps identify attacks and malicious behaviors with minimal traces on hard drives.

Source: Pexels

Role of Digital Forensic Expert Witness

1. Evidence Authentication
2. Chain of Custody
3. Data Recovery and Reconstruction (including Deleted File Analysis)
4. Incident Reconstruction
5. Malware and Keylogger Analysis
6. Cybersecurity Expertise
7. Technical Explanation of Digital Forensics Processes Forensic
8. Acquisition (Imaging of electronic devices, mobile devices, computers, laptops, and servers)
9. Acquisition of Emails or Folders from Servers
10. Establishment of Investigative Support Systems
11. Phishing Investigations
12. Cyber Forensic Readiness Planning

Digital Forensic Expert Witness Testimony

The role of a digital forensic expert witness testimony, called upon by the judge, plaintiff, or defense in the court, aids the judge and jury in understanding electronic evidence to make informed decisions. laying a strong legal foundation for digital evidence admissibility and ensuring proper procedures are followed while documenting the chain of custody for electronically stored information is crucial.

Employing digital forensic expert witness testimony can prevent unnecessary litigation, as wrongdoers may confess when confronted with evidence. In the context of data breaches and cybersecurity failures, the expert’s role is vital, and comprehensive incident response plans are essential to safeguard businesses from significant financial and reputational losses.

Digital Forensics Expert Witness Report

A digital forensic expert witness report is a formal document prepared by a qualified expert in the field of digital forensics presenting the expert’s findings, analysis, and professional opinions related to the electronic evidence examined in a specific case.

Report includes

1. Small map including facts of the case
2. Background of case
3. Possible relevant questions to the case
4. List of evidence to search for
5. List of criminal offence + if corporate- search for breach of corporate contract
6. Digital Evidence required for the case
7. Examination of evidence( including deleted evidence recovered)
8. Analysis results
9. Conclusion
10. General material

Digital Forensic Expert Witness Cases

The digital forensic expert witness testimony is expected to be unbiased, objective, and grounded in sound forensic practices, contributing to the fair resolution of the case.

     RELEVANT CASES WHERE FORENSIC EXPERT WITNESS HELPED IN BRINGING JUSTICE

• Trial of Casey Anthony in 2011- Law enforcement had missed key evidence on the computer’s web browser history. it was later revealed, that the defense’s forensic experts had discovered prior to trial.
• George Zimmerman in 2013

1. Intellectual Property Theft

Intellectual property theft is one someone steals an idea, creative expression, or invention from an individual or a company. digital forensics expert witness involves identifying and analyzing digital evidence to uncover stolen patents, trade secrets, or copyrighted material, helping to hold perpetrators accountable and protect intellectual assets.

2. Industrial Espionage

Industrial espionage is the covert, and sometimes illegal, practice of investigating competitors to gain a business advantage. digital forensic expert witness plays a vital role in industrial espionage cases by examining digital evidence to identify cyber-espionage attempts that help reveal the attackers’ techniques, motives, and stolen proprietary information, aiding in legal actions and securing sensitive data.

3. Employment Disputes

Employment disputes: unfair dismissal, discrimination, harassment, demotion, or misrepresentation disputes

In employment disputes, digital forensics investigates electronic evidence like emails, chat logs, and files to resolve conflicts. It helps ascertain policy violations, harassment claims, or misconduct allegations, providing critical insights for fair and just resolutions.

4. Fraud Investigations

It refers to the process of examining whether the scam or fraud has taken place and collecting evidence to save the interest of the victims involved. In fraud investigations, digital forensic expert witness scrutinizes electronic evidence like financial records, emails, and transaction logs to expose fraudulent activities. It aids in tracing the culprits, identifying the modus operandi, and recovering assets, crucial for legal proceedings and preventing future frauds.

How to Find a Qualified Digital Forensic Expert Witness

• To evaluate a digital forensic expert witness, review their CV which documents education qualifications, and experience.
• Check for formal education relevant to digital forensics as it’s a forensic science, not IT.
• Look for continuation of training after college/university.
• Certification is a must here. Reputable certification programs provide transparency, certificate names, evaluation details, training hours, and tests.
• Consider their experience in depositions (civil cases) and participation in Daubert/Frye hearings. Ask questions relevant to the case to check their knowledge and understanding during the expert witness consultancy.
• Ask for digital forensic expert witness sample reports Internet search of the expert’s name reveals work history, testimony effectiveness, and video clips for observing the competency of the expert witness.

Digital Forensic Expert Witness: Frequently Asked Questions

1. How to find a digital forensic expert witness?

To find a digital forensics expert witness, seek referrals from legal professionals, explore professional organizations, review online directories, evaluate experience and certifications, and conduct interviews to assess expertise, credibility, and communication skills.

2. What is the role of a digital forensics expert witness in trial?

A digital forensics expert witness plays a crucial role in trials by analyzing and presenting digital evidence, such as computer data, electronic communications, and cyber incidents. They help interpret complex technical information, provide insights to the court, and aid in establishing the authenticity and validity of digital evidence.

3. How to qualify a digital forensics expert witness?

To qualify a digital forensics expert witness, assess their relevant education, certifications, courtroom experience, and technical proficiency. Review their track record, past testimony, and peer recognition. Ensure their ability to communicate complex concepts clearly and objectively, as well as their adherence to ethical and professional standards.

4. How to write a digital forensics expert witness report for court?

When writing a digital forensics expert witness report for the court, done by a digital forensics expert witness, one organizes, findings logically, detail investigation methods, presents evidence objectively, and explains technical concepts in a clear, understandable manner. Include qualifications, relevant case information, and conclusions supported by data. Adhere to legal and procedural requirements, maintaining accuracy and professionalism throughout the report.