Showing posts with label Mobile Apps. Show all posts
Showing posts with label Mobile Apps. Show all posts

Monday, December 9, 2019

Digital Forensics in Sexual Assault Cases



December 9, 2019

Digital Forensics in Sexual Assault Cases

Any practicing litigators and digital forensic analysts (as well as our regular readers) appreciate the value that digital evidence can add to their cases.  Civil, criminal and administrative matters can all have a data component to them, for which forensic data acquisition, analysis & reporting may be necessary and valuable.  The challenge when putting together a case strategy is whether or not the cost of digital forensic analysis is worthwhile to the overall case.  This particular approach in the case strategy should always meet with a resounding “YES!” when working sexual assault cases.  It is reported that false claims of sexual assault are five times as common as other types of crime, and the incidents at the heart of the claim are very often precipitated by text and/or picture messaging, often to a high degree, which can serve to help reveal the truth of the claim.

From One Side: The Accused

When an accusation of sexual assault is made, there is frequently a “he said, she said” factor.  But before the alleged assault took place, there is often a build-up of text and/or picture messages in some form.  In 2018 alone, Uber reported over 3,000 sexual assaults.  All activity on Uber is facilitated via the app, including a messaging component.  Uber also frequently logs GPS coordinate location while using the app.  All of this is extremely valuable data when attempting to prove or disprove if the alleged perpetrator was at or near the incident location and in contact with the complaining witness and if any pre or post-assault messaging took place.  But Uber is just one example…

Dating apps are another frequent data medium where activity precipitating a claim of sexual assault can take place.  Apps like Tinder, Bumble, Hinge, Match, etc. all serve to match potential dates and facilitate communication prior to meeting and/or exchanging phone numbers.  Several of these apps also have the ability to send picture messages.  In the events where messages have been deleted in between the time of the contact and the alleged assault, a forensic data acquisition is critical to any recovery of those messages and should be performed as soon as possible after the report is made and legal authority is obtained.  Additionally, these apps are all location-based, so there may be data within the app that is not accessible to the user that may help prove or disprove the claim of sexual assault.



While app data is certainly valuable, the data stored within the standard text or iMessage databases should not be overlooked.  Even in cases where communication may have started on an application, very often users will transition to standard text messaging once there is a certain level of comfort.  In the past several years, we have worked multiple sexual assault cases where the deleted and recovered text messaging data led to the acquittal of criminal defendants.  In every case, this was because a false claim was made and ultimately proven to be false through acquisition, analysis and presentation of text message data from one location or another on the device.

As a brief note, certain app data may not be available through the forensic process and depending on the application, the recoverable artifacts can be more circumstantial than substantive (i.e., contact entries).  Snapchat, WhatsApp & Signal are all very challenging, depending on the device hardware and software (iPhone vs. Android).  Fortunately, mobile forensic developers are constantly working on these issues, so data that may not be available today could be available in the future.

From The Other Side:  The Complaining Witness

Despite there being five times as many false claims of sexual assault as other types of crime, there still seems to be a mental block with regard to obtaining a forensic data extraction of the device(s) belonging to the complaining witness.  As alluded to in our May 2016 article, obtaining the data from the complaining witness’ device as soon as possible after the incident is reported should be part of standard practice in any sexual assault claim.  Why?  Simply put, there are two sides to every story and as trained investigators will undoubtedly agree, the truth usually lies somewhere in the middle.

 

Aside from being able to confirm or refute the veracity of the claim, one party or the other may have deleted some of the pertinent data, which could prove invaluable in piecing the facts together.  No matter which party’s device is analyzed, it is absolutely vital to look in all potential areas for messages.  As previously stated, the accused and the complaining witness may have started communication on one medium and transitioned to another, so cross-referencing phone numbers, user ID’s/monikers and other personally identifiable information is crucial to finding and reporting all of the relevant data.

It bears noting that obtaining the data from the complaining witness’ device has not been the normal practice in cases we’ve seen.  The rationale given for this is that the investigating entity doesn’t want to “re-victimize” the complaining witness.  The job of an investigator and a digital forensic examiner is to ultimately find the truth, no matter where that leads.  With only half of the potential data and a claim of assault, we potentially only have half of the story.  This “digital PERK kit” can and will add value to the overall investigation when so much is at stake for both parties, so obtaining the data from the complaining witness’ device in the interest of truth and justice.  This should also be done with a high level of discretion and with either consent or search warrant to obtain the data.

The Civil Side

The numbers of reported sexual assaults from Uber alone make it worth mentioning how vital this evidence can be from both sides, even in civil matters.  If a criminal claim of sexual assault is made involving a company or app-based service provider, that claim will many times lead to a civil suit being filed alongside or subsequent to the criminal investigation.  While the freedom of the accused may not be at stake in a civil claim, there may be millions of dollars involved in the claim arising from alleged sexual assault.  For all of the reasons cited here, the forensic data should be acquired from both plaintiff and defendant.  If data has previously been acquired by law enforcement in an accompanying criminal investigation, the same data should be requested through discovery.



Wrapping It Up

In the era of the #metoo movement and high-profile attention on sexual assaults in America, the value of forensic data as it relates to these claims cannot be overstated.  Proper collection, analysis, reporting and effective testimony about the findings can often make or break a case.  Ultimately, the truth is at the heart of the matter.  With a universal approach to every sexual assault investigation – criminal or civil – the digital evidence can help lead the finder of fact to the truth, which means justice will have been served. 

Author:
Patrick J. Siewert
Principal Consultant
Professional Digital Forensic Consulting, LLC
Virginia DCJS #11-14869
Based in Richmond, Virginia
Available Wherever You Need Us!


We Find the Truth for a Living!
Computer Forensics -- Mobile Forensics -- Specialized Investigation
About the Author:
Patrick Siewert is the Principal Consultant of Pro Digital Forensic Consulting, based in Richmond, Virginia.  In 15 years of law enforcement, he investigated hundreds of high-tech crimes, incorporating digital forensics into the investigations, and was responsible for investigating some of the highest jury and plea bargain child exploitation investigations in Virginia court history.  Patrick is a graduate of SCERS, BCERT, the Reid School of Interview & Interrogation and multiple online investigation schools (among others).  He is a Cellebrite Certified Operator and Physical Analyst as well as certified in cellular call detail analysis and mapping.  He continues to hone his digital forensic expertise in the private sector while growing his consulting & investigation business marketed toward litigators, professional investigators and corporations, while keeping in touch with the public safety community as a Law Enforcement Instructor.
Email:  Inquiries@ProDigital4n6.com
Twitter: @ProDigital4n6

Saturday, November 3, 2018

FAQ Video Series: Mobile Forensics

What is mobile forensics and how can you use it for your case? In this edition of our Frequently Asked Questions videos, we provide an overview and answers questions about deleted and recovered text messages and more. Apple and Android are different and it's important that your mobile forensic analyst knows the proper approach to the specific device(s) in your case.

 

For more information, visit prodigital4n6.com, call 804-588-9877 or email: inquiries@prodigital4n6.com

Tuesday, September 5, 2017

Cellular GPS Evidence: Waze + Cellebrite + CellHawk




September 5, 2017

Cellular GPS Evidence: Waze + Cellebrite + CellHawk

It’s becoming common knowledge that location evidence on cellular devices can provide a wealth of evidence in any number of civil, criminal and investigative matters.  Law enforcement agencies use cellular location evidence from service providers to help place a criminal suspect at or near a crime scene in a given time frame.  Search and rescue analysts can use cellular call detail records to help locate missing persons as well.  And as we’ve detailed in previous articles, this type of evidence can be useful in any number of other matters, from divorce to alimony to fraud investigations and beyond.

So where does all of this evidence come from and how can we best utilize it?  It can come from a variety of different places, but the two main areas are the mobile device itself and the records from the cellular provider.  Proper legal authority needs to be in place to obtain the data from either source as well, but with the right training and experience, an investigator or consultant can help with obtaining those items.  Once the data is in-hand, any number of tools and approaches can help parse out the relevant data and map locations that may be of interest in the case.



In the example cited in this article, the data was extracted from an Apple iPhone 7 through an advanced logical extraction using Cellebrite Universal Forensic Extraction Device (UFED) Physical Analyzer.  Because I’ve been doing a lot of traveling lately and using the Waze app to find my way around various US-based locations, I decided to use Waze as a case study in location information.  Cellebrite UFED does natively parse this data (see fig. 1), but does not natively map the locations.  

  
Fig. 1: Waze Data parsed in Cellebrite PA

As you can see, Cellebrite adequately pulled GPS locations, dates, times and even addresses that were stored in Waze.  The list is longer, but figure 1 gives us a sample of a few months of Waze usage throughout various locations.

But again, Cellebrite does not natively map this data.  So how can we see this graphically and perhaps even create a demonstrative for use in court?  Enter the cellular record analysis and location mapping tool, CellHawk from Hawk Analytics.  CellHawk is an online tool that will natively read, parse and map location data from any of the major cellular providers as obtained through a search warrant or court order.  However, as I learned recently by attending the CellHawk training, it can also map anything with a date, time and GPS coordinates.  The tool just takes a little manual configuration once the data is exported in Cellebrite.

For this demonstration, I simply had to export the Waze Data into an Excel spreadsheet, which is natively supported in Cellebrite.  From there, the spreadsheet is uploaded into CellHawk, which natively reads the file column headers and asks for some direction about where the pertinent data (date/time/GPS location) is located within the spreadsheet.  Here’s an example of what we get when CellHawk reads and maps the data:


 Fig. 2: Northeast Waze Locations

Our office is located in Richmond, VA, which is listed as the starting point for many of these trips.  But this map details all of the client visits in/around Virginia, Maryland and DC as well as locations where training was delivered in the Philadelphia and Boston areas over a period of more than a year. 

When a map location is clicked, CellHawk natively tries to associate a phone number with that data point.  Because the CellHawk generic location finder was used, the identifier of "Waze" was entered instead of a phone number, but this is user-defined in CellHawk.  Interestingly, the dates and times of the data points are listed and viewable when clicked in CellHawk.  The figure below details a recent trip to Kansas City, KS for the Cellular Analysis and CellHawk training:

Fig. 3: Date, time & location detail in CellHawk

What’s even more interesting about the dataset in general is the historical nature of some of these locations.  Figure 3 also illustrates several locations in and around Chicago and Milwaukee.  I used Waze to navigate in/around the Chicago area and to the Harley Davidson museum in Milwaukee in August, 2012.  Since then, while the Waze user account hasn’t changed, the device has been upgraded through 3 or more different iPhone models. 

This historical data was not a one-off or isolated to this trip only.  Fig. 4 below shows map locations from a trip to and around the ALERRT Center in San Marcos, TX where I attended a conference in 2011:


Fig. 4: Waze historical data from 2011 mapped in CellHawk

That’s Great.  Now what?

The data gathered by Cellebrite and mapped by CellHawk is useful to help prove or disprove someone may have been to and navigated around a particular area during a specified time frame.  Further, if a subject of an investigation or litigation claims they cannot drive, Waze can help disprove that claim.  When we factor in dates, times and historical data that is maintained over years and across multiple devices, the potential weight of that data becomes apparent.

There are other ways (no pun intended) to parse and map this data, but both Cellebrite and CellHawk make it fairly easy and intuitive.  In the ever-present questions of who, what, where when, how and perhaps why of any incident, the ability to find, export and analyze this data simply and effectively is a fantastic investigative advantage!

P.S.  If you think this was a cool illustration, I highly recommend checking out CellHawk for you cellular call detail record and cell site mapping.  It’s a fantastic tool for mapping that particular set of data and that’s primarily what it was designed to do.  Be looking for a future blog diving into CellHawk for that purpose.

Author:
Patrick J. Siewert
Principal Consultant
Professional Digital Forensic Consulting, LLC
Virginia DCJS #11-14869
Based in Richmond, Virginia
Available Wherever You Need Us!


We Find the Truth for a Living!
Computer Forensics -- Mobile Forensics -- Specialized Investigation

About the Author:
Patrick Siewert is the Principal Consultant of Pro Digital Forensic Consulting, based in Richmond, Virginia.  In 15 years of law enforcement, he investigated hundreds of high-tech crimes, incorporating digital forensics into the investigations, and was responsible for investigating some of the highest jury and plea bargain child exploitation investigations in Virginia court history.  Patrick is a graduate of SCERS, BCERT, the Reid School of Interview & Interrogation and multiple technical investigation schools. He continues to hone his digital forensic expertise in the private sector while growing his consulting & investigation business marketed toward litigators, professional investigators and corporations, while keeping in touch with the public safety community as a Law Enforcement Instructor.
Twitter: @ProDigital4n6