This paper is focused on the peculiarities of the forensic process. In particular, it discusses the investigation of the digital evidence connected with identity theft. The authentication examples that can be used to prevent related crimes and investigate them are provided. The ways to maintain a chain of custody are described. The influences of the First and Fourth Amendments on the investigation of identity theft are pointed out.
The forensics process that is maintained in the framework of computer-related technologies provides professionals with the opportunity to gather, analyze, and report on the information. The point is to make this digital data legally admissible so that it can be used to prevent or identify a crime and to resolve disputes (Watson & Jones, 2013). The very forensic process usually consists of five steps:
- Plan. First of all, professionals define the way they are going to act. They develop a kind of a guideline to be followed in order to improve understanding of a case, be aware of all sources of evidence, and use appropriate procedures.
- Acquire. Digital information should be gathered from all sources. Forensic disk imagination should be maintained.
- Extract. Data should be extracted from the device so that it can be used in other environments.
- Analyze. The information taken from various files is to be analyzed using forensic techniques and tools.
- Report. Results of the analysis should be presented and explained in the report so that other professionals involved in the investigation can resort to them (Global digital forensics, 2017).
Identity theft and computer crime are among the most critical issues discussed in forensics because they have an enormous influence on people’s lives. In order to deal with cases related to them, particular steps should be taken by an examiner:
- A case is reviewed to become familiar with all facts.
- A victim is re-interviewed.
- Obtained information is authenticated.
- The analysis is maintained.
- Initial leads of a crime are identified.
- Evidence is gathered from institutions and governmental agencies.
- The timeline is developed.
- All involved actors, locations, and businesses are identified.
- Link analysis is conducted.
- Evidence book is created.
- Common crimes are sought.
- Information is shared with other professionals (“Investigating identity crime,” n.d).
Identity theft is a rather common issue today. It is observed when a criminal obtains and uses personal information that belongs to another individual. In the majority of cases, this kind of theft is associated with financial issues. As a rule, it is maintained with the purpose of economic gain. Rather often, criminals simply try to get money from people’s bank accounts. However, in some cases, they also use personal information in order to get a loan or commit a credit card, etc. The consequences of this crime may be crucial for a victim because one’s reputation and creditworthiness can be damaged. To avoid costly and time-consuming repairs, various organizations provide their customers with an opportunity to resort to electronic authentication methods and services. They are also considered in the investigative process of identity theft.
In addition to traditional personal usernames and passwords that are unique for every person, some organizations offer their clients special cards, such as Circle Bank. During authentication, people provide a secret number that can be obtained only when using this card. As a result, the second form of authentication is maintained. As no one except for the owner is supposed to have access to this information, fraudulent access can be prevented, and criminals can be identified.
Many institutions start using security tokens these days. They provide one-time passwords that change every minute/hour/day. Users are to copy the correct number to enter their accounts. Other people can hardly obtain an up-to-date password because it changes too often (Bosworth, Kabay, & Whyne, 2014).
In the framework of forensic analysis, professionals have an opportunity to find out whether other people hacked victims’ accounts and stole their personal information or not. They can also compare images and fingerprints that are needed for authentication to check if they are real or not.
When professionals reach a source of information or a particular device, they are supposed to copy information from it in order to analyze it with no changes made to the original version. A chain of custody is used to prove that everything was done properly and this target was reached. The account of the location of every file is to be thoroughly maintained. In particular, it is conducted through chronological documentation of everything that was done to the information. A paper trail can also be used to point out how the information was gathered, stored, controlled, shared, analyzed, and used.
Chain of custody for digital evidence can be maintained in the form of a report. Here, it is critical to state several main factors. First of all, it should be mentioned who worked with the evidence because this person is to bear responsibility for everything done to it. Then, the very procedure that was maintained is to be described for professionals to think of possible alterations that could have been done to the evidence. The timeline is also vital, so it should be stated when collection or transfer took place. The location should be mentioned as well. Finally, a chain of custody should include the information of how and why the evidence was stored/collected/shared.
It is also possible to maintain documentation with the digital evidence management framework. Here, the focus is on the identification, collection, and examination of evidence. Mainly, the same information is to be included because the purpose of this element remains does not change. However, the report is focused on the life cycle of digital evidence. Thus, it is mentioned who, how, and when, etc., identified the evidence, stored it, transported, and examined it. A special form can be used to note this information and obtain an appropriate certificate (Cosic & Cosic, 2012).
When conducting an investigation, professionals are to resort to the Constitution so that no laws and freedoms are violated. Dealing with identity theft, they need to consider the First and Fourth Amendments because they define what is believed to be legal and illegal. In other words, they determine what information can be used in the court.
It is believed that the most controversial issues related to computer crimes and identity theft are connected with the First Amendment. It guarantees major freedoms to the population and limits the information that can be obtained by the professionals and methods used to reach it. For example, those materials that are published online cannot be violated, all communications are generally considered to be secret, and community standards are to be followed as well as legislative acts. The First Amendment allows professionals to define the information the storage and use of, which is considered illegal. It defines obscenity and prohibits the representatives of the general public from using sexual portrayals and situations with children, for instance. The First Amendment protection to children and family is also ensured in this way because it applies standards according to which inappropriate materials are not allowed to be published online and be in free access. Internet gambling is prohibited as well, so if professionals find the information that advertises and broadcasts it, they can treat it as a criminal case. However, the range of restrictions applied to the freedoms of the First Amendment is argued rather often, which makes investigations more complex.
A lot of limitations to the forensic process are made under the Fourth Amendment. In general, it ensures that no interferences with people’s privacy are maintained only when there are enough well-grounded reasons for them. In some cases, it may lead to the delay of an investigation, which gives criminals more time to hide illegal data and escape the punishment. The Fourth Amendment protects personal information that is stored in different devices, including computers, phones, etc. In fact, this kind of information is not easy to reach because it is often protected by passwords. Because of the Amendment, professionals are not allowed to hack the device to get the data. They need to resort to law enforcement and obtain permission to get the information themselves or make a person provide it. What is more critical, in some cases, even if a search is allowed, it may not be possible to maintain it because of sidestep password protections.
Having permission only for visual inspection, professionals may not be able to identify the information that is encrypted and put in misnamed files. Thus, because of the Fourth Amendment, investigators have limited opportunity to identify illegal activity and prevent or solve a crime. In order to have an opportunity to search for all significant information, professionals are to prove the presence of the evidence on the device, including very specific information. While working with networked computers and those that belong to the family members, investigators can face difficulties because they may be immune from searches. However, regardless of the prohibitions and limitations, both Amendments still give space for electronic surveillance. Even though it is often challenged, surveillance protects Americans and gives an opportunity to resolve many computer crimes (Britz, 2013).
Thus, with the development of the Internet, criminals obtained more opportunities to affect the lives of the general population. Maintaining computer crimes, they become able to commit identity theft and reach people’s financial information. As a result, they can spend money on other people and take loans, etc. A proper forensic process focused on digital information can be used to find evidence to resolve the crime and, in some cases, even to prevent it. Authentication techniques that are used by various organizations and are made to ensure the privacy and security of individual information give the general public a chance to reduce the risk of such issues or at least give professionals an opportunity to find a criminal. For the case to be successfully resolved, they maintain a chain of custody of digital evidence, which proves that the information used as evidence was not altered with the help of thorough notes of everything that was done to the data involved in the investigation. Unfortunately, the First and Fourth Amendments provide a range of limitations to the investigation, especially the search procedure. However, they still provide an opportunity to prevent a lot of crimes and protect the population.
References
Bosworth, S., Kabay, M., & Whyne, E. (Eds.). (2014). Computer security handbook. Hoboken, NJ: John Wiley & Sons.
Britz, M. (2013). Computer forensics and cyber crime: An introduction. New York, NY: Pearson.
Cosic, J., & Cosic, Z. (2012). Chain of custody and life cycle of digital evidence. Computer technology and application, 3, 126-129.
Global digital forensics. (2017). The computer forensic process: An overview. Web.
Investigating identity crime. (n.d.). Web.
Watson, D., & Jones, A. (2013). Digital forensics processing and procedures. Waltham, MA: Elsevier.