Showing posts with label evidence handling. Show all posts
Showing posts with label evidence handling. Show all posts

Thursday, January 9, 2020

Digital Forensics: Theory vs. Practice



January 9, 2020

Digital Forensics: Theory vs. Practice

As an active digital forensic practitioner for over 10 years, I have attended many training offerings from many different companies/resources, read many white papers published by any number of scientific and academic entities and worked hundreds of active cases for plaintiffs, defendants and in law enforcement covering PC, Mac and mobile device forensics.  One aspect that crosses all of these areas that has waned slightly in the last few years, but still rears its ugly head, are the theoretical questions surrounding digital forensics.  Among these we have all heard at one point or another -- hash collisions, data cross-contamination and reverse-engineering of hash values to be made into a viewable data file.  While we can Google these theories and findings to death, their practical application in “everyday forensics” is reality-based, not theoretical. 



Hash Collisions

The topic of hash collisions generally comes up when working independent analysis in criminal defense cases.  This digital version of the “some other dude did it” (or SODDI) defense is based upon the theory that two digital files containing completely different data can be run through a hashing algorithm and obtain the same result.  Hash calculation is a big part of forensics and particularly in cases dealing with child exploitation images, the hash value is used to locate those sharing illicit images on the peer-to-peer file-sharing networks.  However, we also use hash values to validate evidence files as identical to the original, to cancel out any irrelevant/system files and to validate the authenticity of files across a system or multiple pieces of evidence.  Hashing algorithms such as MD5 and SHA-1 have been “broken” for years, but are still in ubiquitous use in digital forensics.  Why?  Because the practical application of these collisions is so minimal, it is not even worth mentioning in a court of law. But rest assured, it still gets mentioned!  The only real application these collisions have is to attempt to obfuscate the facts and/or confuse the finder of fact in a legal proceeding.  Simply put, there are no documented cases where someone accused of downloading or sharing illicit images was falsely accused because the images they downloaded/shared possessed the same hash value as some innocuous files they were attempting to download/share.  Consider the statistical likelihood that someone downloaded/shared an innocuous file which happened to share the same hash value as an illicit file and also was on a police watch list where a search warrant was executed.  All of those factors being in place at once is very unlikely.

While we are constantly testing, honing and refining our knowledge in the field of digital forensics and we may even work in a “lab”, the fact remains that at a practical level, none of us have the ability to re-create these collisions, nor have we seen them “in the wild”, so to speak.  They are reserved for a theoretical lab environment where the sole purpose is to find and publish the collision, not to find and report the truth in the evidence.

Data Cross-Contamination

Before I discuss the practicality of data cross-contamination, I’ll insert a disclaimer that I understand that using sterilized media to store forensic data and conduct analysis is mentioned as potential best practices, as detailed in the Scientific Working Group on Digital Evidence (SWDGE) Best Practices for Computer Forensic Acquisitions (v. 1.0).  One of the reasons for this to avoid data cross-contamination.  What is that?  It is a theory that if you have a piece of media upon which you store data to be analyzed in a forensically-sound environment, that if you do not sterilize the media (i.e., wipe and validate prior to placing the data to be analyzed on the media) that some data from a previous or unrelated case could become part of the current case analysis data, thus potentially contaminating the results with un-related data.  This is a viable theory when dealing with physical evidence such as DNA samples or fingerprints, but it has very little, if any practical application in digital forensics.  Consider that if you create a forensic data file such as an .e01, raw or .zip file, what is the method and/or likelihood that copying that file onto a piece of non-sterilized media will somehow mix or comingle with pre-existing data?  I’ve heard one claim of data cross-contamination from another examiner, but anecdotes are not data, nor was the claim ever validated.  We sterilize the media, not because we’ve ever seen it affect any cases, but to avoid questions about it when testifying. 



Hash Value Reverse-Engineering

Having obtained much of my initial training in law enforcement and, as such, working a majority of cases involving illicit images, I can recall being trained that catalogs of illicit image hash values are law enforcement sensitive and not to be disseminated to independent examiners or to the general public.  Why?  Because someone could potentially and theoretically reverse-engineer the hash value to re-create the file, which would be illegal.  This came up again in a case worked independently in 2019.  I thought this theory and explanation was long gone, but it is not.

The problem with the theory of reverse-engineering a hash value is I’m not sure it’s ever been done, at least not at a practical level.  It is a theory.  Scientists, academics and lab-rats may have done it, but I don’t know anyone who actively practices digital forensics that either 1) has the knowledge, skills and abilities to do it and/or 2) has the desire to do it.  So why is it still mentioned as a consideration in cases?  (Hint: see the above note about obfuscation and confusion).

Wrapping It Up

I’m not an academic or a lab-rat.  I’m just an old(ish) retired investigator with some skillsets that can often be of benefit to parties involved in litigation.  Because of that, I’m concerned with the practicality of digital forensics – What is the best way to get the case analyzed?  What evidence is relevant?  Where do I need to look for the evidence?  What am I missing that could potentially answer important questions?  Theoretical considerations like those mentioned here are not worthy of much calorie-burning when trying to answer these questions.  In the pragmatic world of digital forensics, we have to consider what is, not what could be.  Because the truth lies in the facts of the case and the data which is part of the case, not on theory of what could or may have happened… And likely did not! 

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

Tuesday, December 18, 2018

Using Cellular Records Analysis in Insurance Claims


December 18, 2018

Using Cellular Records Analysis in Insurance Claims


Since getting trained and certified several years ago in the proper acquisition, interpretation, analysis and mapping of cellular call detail records, we’ve worked numerous types of cases.  We’ve also tried out several tools for this type of analysis and have settled on one that is widely used primarily by law enforcement.  While the use of these records to help prove or disprove a criminal defendant’s location is very well known in criminal investigation, our goal has been to try and inform civil litigators about the value and power of these records.  Civil case applications range from custody and support disputes in domestic litigation to personal injury cases where distracted driving may have been a factor in a motor vehicle accident.  But of all of the calls we get and cases we work involving analysis and mapping of these records, insurance loss claims prove to be the most compelling. 



From arson fires at businesses or homes, to claims made for motor vehicle theft of high-dollar items, the use of cellular records to help prove or disprove the claimant’s statements have proven and will continue to prove extremely valuable.  This article will use real world examples to help illustrate how these records have helped out civil investigation and litigation claims and investigations we’ve worked over the past several years.

Thumbnail Case Studies

Case Study #1: 

A restaurant in the Northeast burns down shortly before Christmas time.  The owner files a claim with the insurance company to receive a payout of over $1 million on the insurance policy, claiming the fire was an accident.  Through the investigative process of the claim, the owner is deposed, making statements under oath that they traveled from the mostly rural area where the restaurant was located to a major metropolitan area on the day of the fire, using their phone multiple times.  The insurance company highly suspects that the claimant burned down their own restaurant.  The law firm representing the insurance company issues a subpoena to the claimant’s cellular provider for records surrounding the date of the incident and retains Pro Digital to conduct analysis, mapping and reporting of the cellular records.  The analysis of the records as compared to the sworn testimony of the claimant disprove their story, thus not only invalidating the claim, but potentially subjecting the claimant to criminal charges.

Case Study #2:

An owner of a $100,000 sports car in a Southern state wakes up one morning after spending the night at a hotel in an adjacent state to find their very expensive car allegedly stolen and files a police report and subsequent insurance claim to that effect.  While the owner lives about 50 miles away from the hotel and incident site, under deposition they claimed to have traveled much farther to the west along the Gulf coast prior to stopping at the hotel for the night due to fatigue, all the while using their cell phone.  The law firm representing the insurance company subpoenas the owner/claimant’s cellular records to help prove or disprove their statements made under oath and retains Pro Digital to conduct the analysis.  As you could probably imagine, the statements about travel to the west leading up to the alleged car theft are refuted by the cellular records, when compared to the deposition testimony.  The claimant is now potentially facing not only a denied claim for their expensive car, but criminal charges for filing a false police report.  Also, where’s the car?  Further criminal investigation by law enforcement will likely ensue as well.

These are just two examples of how these records are used to help prove or disprove not only the statements made under oath, but the overall claim itself.  Fraudulent claims are big business and they affect every insurance carrier, regardless if you ever file a claim. 

Obtaining Cellular Records

So how does this all work?  As we presented to a group of civil litigators in Virginia earlier this year, you can set yourself up for success by taking some steps on the front-end of claims, so as the ball gets moving along in the investigative process, the cellular records can be used to help your case.

The first step is to ascertain the phone number of the claimant issue a preservation letter as soon as possible to the cellular provider.  This can be done pre-litigation.  If you don’t know who the cellular provider is, there are online resources who can tell you, or you may contact Pro Digital to get this information.  Why do we issue a preservation letter?  As detailed in our article about Cellular Provider Retention Periods, each of the 5 major cellular carriers only retains these records for a finite period of time.  Why is that?  It’s helpful to realize that these records were never meant for use in any sort of civil or criminal proceeding.  They are used by the cellular providers to help optimize the user experience on the network over time. 



All of that being said, the next step is probably the most vital and where we see more mistakes than any other area…

After litigation has been put into place, you may now petition the court for a subpoena to obtain the cellular call detail records with location data of the claimant or target of the investigation.  If accomplices are suspected, you may also want to subpoena their records as well.  The proper wording of these requests is absolutely crucial.  Cellular carriers will only give you exactly what you request and no more.  We strongly advocate getting all available data, whether it’s relevant to your case or not.  For instance, some cases only deal with link analysis – the graphing and tracking of how many times the target(s) of an investigation contacted known associates of interest or accomplices.  In cases like this, you may think location data isn’t relevant, but we would advocate asking for it anyway.  You never know what you might need down the road and it’s always better in these cases to get more data than not enough data.  Along those lines, we also highly recommend asking for at least 30 days worth of records on either end of your incident date.  This is because usage and pattern analysis is sometimes relevant.  For example, in case study #2, the claimant had a block of time of 7 hours in the middle of the day immediately after the alleged theft where they did not use their phone.  Is this relevant?  It depends on the case, but most people will use their phone at least a few times for texts, calls or data during the hours of noon to 7 PM. 

If you require assistance or an example of appropriate wording for your subpoenas, please contact us and we’ll be happy to provide it.

The Analysis

After the records have been obtained, you must get a qualified expert to review them.  Yes, this statement is self-serving, but your IT guy cannot do this.  Moreover, your IT guy can’t testify to the findings in an adequate manner.  While the records may look straight-forward on their face, the devil is truly in the details.  Time zones may varying within the same record and each carrier has their own way to present the information, full of quirks and nuances.  Some records are in one large combined record.  Others are a series of spreadsheets, each with the call detail referring to a third cell site listing.  The analysis can be quite complex and as the old adage goes, if you think it’s expensive to hire an expert, try hiring an amateur! 

A final note about the record return itself:  You will be provided the return in electronic format.  Keep the original and provide that to your records analyst/expert.  DO NOT alter, pare down or edit the record in any way.  If you do, make a working copy, label it as such and keep the original that was provided by the carrier.  Ultimately, the original record is evidence and evidence must be maintained in its purest form.



Effective presentation of the final product is also very important.  If the report or demonstrative exhibits are hard to understand, the effectiveness of the analysis and ultimate findings and conclusions is lost to some degree (or perhaps entirely).  We produce a slide deck with brief, concise explanations of what will be shown in the deck and a step-by-step breakdown of each call and its associated location data.  We also provide animations in the slide deck to illustrate where the device was leading up to, during and after the time of the incident.  As appropriate, we will provide concise conclusions, utilizing the record and the available testimony of the claimant.  This proves extremely effective in presenting the findings of the analysis to judges, juries and/or opposing counsel.  We’re proud to say that one Virginia Prosecutor recently referred to our final product in his case (yes, we also work for the prosecution) as “the Gold Standard” after having retained Pro Digital for a serious felony case, and subsequently using both state and federal resources for other cases.

Wrapping It Up

The effective use of cellular records analysis and mapping in civil insurance claims and investigations is simply building a better mousetrap.  Sometimes in these cases, hundreds or thousands of man-hours go into investigation and proving or disproving the claimant’s statements and ultimately, the claim itself.  By taking the proper steps to preserve, request, analyze and present these records and the conclusions they help lead us to, we save time and money.  The best part about these records is the account-holder and claimant doesn’t have access to them.  They are pure evidence, directly from the cellular provider and only available through subpoena.  How often do you get evidence to that level of purity in your cases? 

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.


Twitter: @ProDigital4n6