Legal and regulatory environment
The legal and regulatory environment for cyber forensics for government agencies is changing. Laws are being implemented that prohibit certain information and data from being used, and the use of cyber technology has changed the enforcement of some of these laws. These laws include the Foreign Intelligence Surveillance Act of 1978 and the Intelligence Reform and Terrorism Prevention Act. However, many of these laws have not kept pace with the use of the Internet, and some of them have become more difficult to enforce due to the rise of cybercrime.
Federal regulations for cyber forensics differ by jurisdiction. In New York, for example, the Department of Financial Services requires covered financial institutions to designate a CISO and to perform periodic risk assessments and written Incident response plans. In addition, they require covered financial institutions to conduct annual penetration testing and biannual vulnerability assessments. Similarly, the Massachusetts Department of Information Security requires organisations to adopt comprehensive information security management programs, which include an information security policy, risk management plan, and training.
In addition, there are various laws that protect the privacy and security of electronic communications. The Electronic Communications Protection Act (ECPA) sets a high bar for obtaining information about people or organisations. It protects individuals from unfair access to electronic communications. This Act also applies to organisations, including those in the private sector.
As the demand for reliable digital evidence grows, governments and law enforcement agencies are looking for more sophisticated tools. The Federal Law Enforcement Training Center, for example, developed several tools to help them with their investigations, including SafeBack, IMDUMP, and DIBS. These tools use a combination of hardware and software to create exact copies of digital media while preserving original disks for verification. In recent years, more sophisticated tools have been released, allowing analysts to investigate media copies without performing live analysis.
These tools are designed to make digital investigations easier. Most of these software programs are user-friendly, but they are highly technical. To be effective, the tools must be able to explain complex information in a way that’s understandable to the intended audience. For example, in court, the reports produced by these tools must explain the steps taken to gather evidence and can make or break a case for one party or the other. Unlike courtroom presentations, however, cybercrime incident reports are more technical and can be a starting point for remediation or changes to infrastructure.
In addition to commercial forensics tools, governments can also use free and open-source forensics software. For example, EnCase is a forensics software suite that supports evidence collection from over 25 devices. It also features a reporting feature that allows users to produce reports based on predefined templates. Another popular tool is Mandiant RedLine, which is an efficient way to analyze the contents of a computer’s memory. It also gathers network information and internet history.
Documentation for Cyber Forensics is critical to the process of investigating cyber crimes and breaches of security. It can help government agencies find and analyze information from vast databases. By using a comprehensive information management system, government agencies can make all of their data searchable and manageable. They can use this information to protect their citizens and respond to Freedom of Information requests. In addition, they can use this data to support regulatory controls and parliamentary inquiries.
The process of gathering evidence must be legal and deliberate. It’s essential to document the chain of evidence if you plan to pursue the case in court. The science of computer forensics is very complex. The right tools can help you obtain the right evidence. Documentation is essential to ensuring that all evidence is accurate and reliable.
Digital evidence can be used in civil and criminal cases. For example, forensic investigations can reveal vulnerabilities in networks and help prevent online fraud and harassment. It can also be used for damage analysis and to track military activities.
In the wake of an attack, governments need to use Cyber Forensics and Incident response to minimize damage to their networks and organizational systems. This will reduce the risk of business disruption, compliance risks, and reputation damage. It will also help organizations better understand their attack surfaces and threat landscape. Incident response will identify the source of the attack and its consequences across all organizational systems. This information can be used to support future legal actions.
Incident response teams should have a clear commitment to collecting and preserving evidence. This chain of custody is critical to prevent any allegations of tampering with the evidence. In addition to keeping a log of the entities that have physical custody of the evidence, incident responders should document all actions performed on the evidence. They should also create a working copy of the evidence, confirm the integrity of the original evidence, and store it in a secure location.
The CIRT will evaluate the impact of the incident and determine the best course of action. Often, this will include isolating the offending host, eradicating malicious software, and mitigating any vulnerabilities that may have been exploited. Other methods include resetting passwords, removing rogue accounts, and updating operating systems and firewalls.