Investigating Investigating CybercrimeCybercrime

DATALAWSInformation Technology Law Consultants

Presented by F. F Akinsuyi (MSc, LLM)MBCS

ObjectivesObjectives

Highlight role of a Security Breach Highlight role of a Security Breach Handling PolicyHandling Policy

Summarise the forensic and digital Summarise the forensic and digital evidence process optionsevidence process options

Outline procedural lawOutline procedural law Summarise Lawful Interception ModelSummarise Lawful Interception Model

Incident Handling Incident Handling RequirementsRequirements

An incident handling/response team must An incident handling/response team must be establishedbe established

Policies and procedures must be put in Policies and procedures must be put in place to cater for the 24/7 nature of place to cater for the 24/7 nature of operationoperation

A mechanism for storing security incident A mechanism for storing security incident records must be established.records must be established.

Liaison with law enforcement bodies must Liaison with law enforcement bodies must be definedbe defined

Incident Handling Policy Incident Handling Policy Requirements Requirements

Security incidents must be registered as Security incidents must be registered as soon as they occur.soon as they occur.

staff, contractors, third parties and clients staff, contractors, third parties and clients must be made aware of and read this must be made aware of and read this documentdocument

Security incidents must be reported Security incidents must be reported immediately to the security manager.immediately to the security manager.

Staff responsible for affected systems must Staff responsible for affected systems must follow incident handling procedures.follow incident handling procedures.

Incident Handling Policy Incident Handling Policy Steps Steps

Minimising a Security Minimising a Security IncidentIncident

Impact AssessmentImpact Assessment Document EventsDocument Events Incident ContainmentIncident Containment Evidence GatheringEvidence Gathering Eradications and DiscoveryEradications and Discovery Follow up Analysis lessons learnedFollow up Analysis lessons learned

Computer ForensicsComputer Forensics

The systematic analysis of IT equipment for The systematic analysis of IT equipment for the purpose of searching for digital evidencethe purpose of searching for digital evidence

Typically takes place after the offence has Typically takes place after the offence has been committedbeen committed

More evidence is potentially available due to More evidence is potentially available due to vast use of computersvast use of computers

Note main focus is ability to use evidence Note main focus is ability to use evidence for legal proceedings within an existing the for legal proceedings within an existing the legal frameworklegal framework

Computer Forensics - Computer Forensics - PhasesPhases

Four phases in criminal proceedingsFour phases in criminal proceedings Identification of relevant evidenceIdentification of relevant evidence Collection and preservationCollection and preservation Analysis of digital evidenceAnalysis of digital evidence Presentation in courtPresentation in court

Recording Computer Crime Recording Computer Crime and Computer Forensicsand Computer Forensics

Rise in use of computers and subsequent Rise in use of computers and subsequent increase in computer misuse has led to increase in computer misuse has led to need for methods of detecting the where, need for methods of detecting the where, when, and whowhen, and who

Detecting misuse has to be accurate and Detecting misuse has to be accurate and based on defined set of principles for the based on defined set of principles for the collection and evaluation of evidencecollection and evaluation of evidence

Computer Forensics IssuesComputer Forensics Issues

Individuals must be qualified and Individuals must be qualified and experiencedexperienced

Risk of destroying data during Risk of destroying data during investigationsinvestigations

Not finding appropriate evidenceNot finding appropriate evidence

Digital EvidenceDigital Evidence

The shift from creating documents on The shift from creating documents on physical paper to computer files has lead physical paper to computer files has lead to new types of investigations being to new types of investigations being undertaken on digital equipment undertaken on digital equipment

Digital evidence can be defined as any data Digital evidence can be defined as any data stored, transmitted or processed using stored, transmitted or processed using computer related technology that supports computer related technology that supports a theory about how an offence occurred. a theory about how an offence occurred.

Digital EvidenceDigital Evidence

Computer related crime has led to digital Computer related crime has led to digital evidence becoming a new type of evidence in evidence becoming a new type of evidence in conjunction with paper trail evidenceconjunction with paper trail evidence

Data stored or transmitted using computer Data stored or transmitted using computer technology that can be used to support how an technology that can be used to support how an offence happenedoffence happened

Has influenced how law enforcement agencies Has influenced how law enforcement agencies and courts handle computer related evidence and courts handle computer related evidence

More countries updating their evidence laws for More countries updating their evidence laws for courts to deal with computer generated evidencecourts to deal with computer generated evidence

Digital Evidence - Digital Evidence - ChallengesChallenges

Fragility and easily deletedFragility and easily deleted Susceptible to alterationSusceptible to alteration Stored in different placesStored in different places Technical developmentTechnical development Not to be solely relied on traditional Not to be solely relied on traditional

methods still applicable, i.e. Internet café methods still applicable, i.e. Internet café cctvcctv

Legal Considerations for Legal Considerations for ForensicsForensics

Admissible: It must conform to certain legal rules before it Admissible: It must conform to certain legal rules before it can be put before a court. can be put before a court.

Authentic: It must be possible to positively tie evidentiary Authentic: It must be possible to positively tie evidentiary material to the incident. material to the incident.

Complete: It must tell the whole story and not just a Complete: It must tell the whole story and not just a particular perspective. particular perspective.

Reliable: There must be nothing about how the evidence Reliable: There must be nothing about how the evidence was collected and subsequently handled that casts doubt was collected and subsequently handled that casts doubt about its authenticity and veracity. about its authenticity and veracity.

Believable: It must be readily believable and understandable Believable: It must be readily believable and understandable by a court. by a court.

See RFC 3227 for more informationSee RFC 3227 for more information

Computer Forensics - Computer Forensics - ExamplesExamples

Hardware AnalysisHardware Analysis Software AnalysisSoftware Analysis Software of suspects computerSoftware of suspects computer Identification of relevant digital Identification of relevant digital

informationinformation Hidden File InvestigationHidden File Investigation Deleted File RecoveryDeleted File Recovery Decrypting encrypted filesDecrypting encrypted files

Computer Forensics - Computer Forensics - ExamplesExamples

File AnalysisFile Analysis Authorship AnalysisAuthorship Analysis Data IntegrityData Integrity IP TracingIP Tracing Email AnalysisEmail Analysis Financial Transaction TracingFinancial Transaction Tracing Real Time Traffic Data CollectionReal Time Traffic Data Collection Monitoring Monitoring

Procedural Law SampleProcedural Law Sample

Law enforcement require procedures to assist Law enforcement require procedures to assist them in identifying offenders and collecting them in identifying offenders and collecting evidenceevidence

Article 16 of the Cyber Crime Convention allows Article 16 of the Cyber Crime Convention allows LEA’S order preservation of traffic and content LEA’S order preservation of traffic and content datadata

Obligation to transfer Article 18 and can Obligation to transfer Article 18 and can constitute any data relevant for the investigation constitute any data relevant for the investigation

Article 18 also provides obligation to submit Article 18 also provides obligation to submit subscriber informationsubscriber information

Procedural Law SampleProcedural Law Sample

Search and Seizure covered by Article 19Search and Seizure covered by Article 19 Includes data related searches and copying Includes data related searches and copying

data from servers data from servers It is to be noted that necessary measures It is to be noted that necessary measures

for maintaing integrity of data is critical if for maintaing integrity of data is critical if it cant be shown it may not be accepted as it cant be shown it may not be accepted as evidence evidence

Real time traffic data collection Article 20Real time traffic data collection Article 20 Interception of content data Article 21Interception of content data Article 21

Lawful InterceptionLawful Interception

Advancement of technology has also called Advancement of technology has also called for the need for law enforcement agencies for the need for law enforcement agencies to curb criminal and terrorist activitiesto curb criminal and terrorist activities

Lawful Interception legislation allows law Lawful Interception legislation allows law enforcement agencies to access enforcement agencies to access communications records to combat crime.communications records to combat crime.

Technology and Law Technology and Law Combating crimeCombating crime

What is intercepted under lawful Interception?What is intercepted under lawful Interception?Lawful interception involves the intercepting of communications data Lawful interception involves the intercepting of communications data

which embraces the “who”, “When” and “where” In relation to a which embraces the “who”, “When” and “where” In relation to a communications transmission but not the content of such. communications transmission but not the content of such.

Communications data in turn can be broken down into the following Communications data in turn can be broken down into the following categories:categories:

Traffic data: This contains information that identifies who the Traffic data: This contains information that identifies who the subscriber contacted, their location as well as that of the person subscriber contacted, their location as well as that of the person they have contacted and what time the contact was made.they have contacted and what time the contact was made.

Service data: This identifies services used by the subscriber and how Service data: This identifies services used by the subscriber and how long they were used.long they were used.

Subscriber data: This identifies the user of the service their name Subscriber data: This identifies the user of the service their name address and telephone number.address and telephone number.

Technology and Law Technology and Law Combating CrimeCombating Crime

Interception of communications can take place in a Interception of communications can take place in a number of ways: number of ways:

Pen Trap: A pen trap device records only the numbers of Pen Trap: A pen trap device records only the numbers of incoming and outgoing telephone calls.incoming and outgoing telephone calls. It can also be used to It can also be used to collect and record "to" and "from" header information from collect and record "to" and "from" header information from the targets emailthe targets email

Wire Tap:Wire Tap: this involves thethis involves the installation of a transmitting installation of a transmitting device on a telephone line, for the purpose of intercepting, device on a telephone line, for the purpose of intercepting, and usually recording, telephone conversation and telephonic and usually recording, telephone conversation and telephonic communications.communications.

Location Tracker: This involves using devices to identify Location Tracker: This involves using devices to identify through the telecommunication system the location of an through the telecommunication system the location of an individualindividual..

Lawful Interception Model Lawful Interception Model

Source of diagram www.etsi.org: Telecommunications Security; Lawful Interception (LI); Concepts of Interception in a Source of diagram www.etsi.org: Telecommunications Security; Lawful Interception (LI); Concepts of Interception in a Generic Network Architecture.Generic Network Architecture.

Lawful Interception Model Lawful Interception Model ExplainedExplained

11) A LEA requests lawful authorisation from an authorisation authority, which may be a court of ) A LEA requests lawful authorisation from an authorisation authority, which may be a court of law.law.

2) The authorisation authority issues a lawful authorisation to the LEA.2) The authorisation authority issues a lawful authorisation to the LEA.

3) The LEA passes the lawful authorisation to the communications provider. The communications 3) The LEA passes the lawful authorisation to the communications provider. The communications provider determines the relevant target identities from the information given in the lawful provider determines the relevant target identities from the information given in the lawful authorisation.authorisation.

4) The communications provider causes interception facilities to be applied to the relevant target 4) The communications provider causes interception facilities to be applied to the relevant target identities.identities.

5) The communications provider informs the LEA that the lawful authorisation has been received 5) The communications provider informs the LEA that the lawful authorisation has been received and acted upon. Information may be passed relating to the target identities and the target and acted upon. Information may be passed relating to the target identities and the target identification.identification.

6) Information Related Information (IRI) and Content of Communication (CC) are passed from the 6) Information Related Information (IRI) and Content of Communication (CC) are passed from the target identity to the communications provider.target identity to the communications provider.

7) IRI and Content of Communication are passed from the communications provider to the Law 7) IRI and Content of Communication are passed from the communications provider to the Law Enforcement Monitoring Facility (LEMF) of the LEA.Enforcement Monitoring Facility (LEMF) of the LEA.

8) Either on request from the LEA or when the period of authority of the lawful authorisation has 8) Either on request from the LEA or when the period of authority of the lawful authorisation has concluded the communications provider will cease the interception arrangements.concluded the communications provider will cease the interception arrangements.

9) The communications provider announces this cessation to the LEA9) The communications provider announces this cessation to the LEA

  

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