End of chapter Review Questions
- What types of warrantless searches can be conducted by investigators collecting digital evidence?
There are many searches which can be conducted by investigators collecting digital evidence e.g. consent searches, exigent search, stop and frisk search and border searches. The most common among these searches is the consent search. This is conducted by asking the suspect to allow a search of the digital equipment for investigation purposes without a warrant.
What are the major exceptions to the wiretap statute?
Some of the exceptions of the wiretap statue or the electronic communication privacy act are: provider exception, computer trespasser exception, extension telephone exception and the accessible to the public exception.
What are the major requirements established by the Electronic Communication Privacy Act?
It is a complicated statue. It was established in 1986 and since then there has been some major requirements established. It has influenced people by enforcing regulations that have transformed business communication. It also guides how law enforcement agencies may collect information from different communication service providers like ISPs and mobile networks. It also has granted access to law enforcements to our emails, bank accounts, telephone calls and other electronic communications.
What issues arise during the admission of digital evidence at trial?
When digital evidence is produced in the court of law, it has some issues that the court might need to look at. The digital record may be produced by the computers with the help of some programming. For example when we draw some money from the ATM machines, our bank records are updated and it could be used in the court of law. But the functioning of the ATM itself can be challenged in the court as the money may have been drawn by someone else or the ATM might have not functioned correctly due to errors. The other issue is the computer record that have been stored in them. The intent of the person that stored the record is an issue of concern.
Which federal law enforcement agency has assumed primary responsibilities in the area of access device fraud, including the fraudulent use of credit card numbers, personal identification numbers, and computer passwords?
The Secret Service Financial Crime Division of the Secret Services department is primarily responsible for crimes that has been stated above. Its primary responsibility is to investigate frauds against financial institutions like banks, password theft and identity theft. This division also control investigation related to electronic fund transfers.
Which federal agency is responsible for the prosecution of computer fraud and abuse violations through the Computer Crime and Intellectual Property Section (CCIPS)?
The department of justice is responsible for the prosecution of computer fraud and abuse violations through the Computer Crime and Intellectual Property Section (CCIPS). It was established in 1870 and since then, it has increased its capabilities and capacities and helped in investigating many crimes related to computer frauds. They have also been hunting cyber criminals to avoid legal threats by them.
Which federal agency investigates cybercrime and is currently responsible for the management of the Infra- Gard private/ public partnership program?
FBI or Federal Bureau of Investigation is responsible for investigating cybercrime and is currently responsible for the management of the Infra- Gard private/ public partnership program.
- Which agency within the Department of Homeland Security is responsible for managing cyber- critical infrastructure?
Cyber Incident Response within the Department of Homeland Security is responsible for managing cyber-critical infrastructure. Cyber critical infrastructure consists of both physical and digital resource management.
What are some of the impediments to computer crime investigations at the local level?
At local levels, the main impediment is the lack of expertise to deal with sophisticated computer crimes. Then is the availability of financial resources to conduct such investigations. The lack of technology and the people to operate them is also a major issue that hinders the investigation of computer crimes.
What are some of the key needs in local law enforcement agencies to improve their response to computer crimes?
Local law enforcement agencies need to establish proper communication channels with federal investigating agencies who can help and assist them in dealing with complex cybercrimes. They also need to employ computer experts who can deal with such crimes. They may also need to change their investigation tactics.
Explain how labor is divided among professionals involved in the investigation of computer crime. Which role do you prefer and why?
The labor among professionals involved in the investigation of computer crime is almost divided the same way as the traditional division in case of physical crimes. There are professional who collect digital evidence, others analyze this evidence, and other group is responsible for making decisions about the collected evidence. If I were a part of such an investigation team, I would prefer to be an analyzer as I like to analyze things. Analyzing digital information would enhance my capabilities to know how digital information can be used to commit crimes.
Outline the process of preparing and executing a search warrant for electronic evidence. How does search and seizure of electronic evidence at a single scene differ from physical evidence search and seizure?
A search warrant is prepared by the investigators because it would only be granted if the prosecution believe that a search of a person’s private digital information is necessary. To prepare a search warrant, you have to go in to specifics of why you think it is necessary. The cause of the probe must be established in the warrant. The evidence that would be resulted from the search is also required to be explained.
The execution of search warrant related to electronic evidence is extremely difficult compared to search warrants related to physical evidence. In electronic evidence, you have to know how to actually reach out to the evidence in the electronic devices as it may have already been deleted or encrypted.
Explain the difference between single- scene, multiple-scene, and network investigations. In what ways do single- and multiple- scene investigations differ from network investigations?
Single scene investigations involve investigating only one computer that is held by a perpetrator. For example a person is involved individually in a crime related to child pornography. A multiple scene investigation involves investigation computer on a local network of computers. For example a group of cybercriminals operating from the same building. Network investigation involve investigating cybercrimes that may be conducted on Wide Area Networks like internet by huge groups of cybercriminal who exist on national or even international level.
Network investigation are different from single scene and multiple scene investigations because they are complex and may require issuance of multiple warrants.
Explain the procedures for securing digital evidence. After officer safety, what is the primary concern of the investigator during this whole process?
To secure digital evidence, the investigating office must make sure that all evidence is collected on scene and that it is saved from any harm i.e. corruption or loss. The investigator must be able to establish from the digital material if a crime has even occurred and what the elements of the crime are. Compelling evidence should be collected that can help in the court trials.
During the investigation process, the officer is not only concerned with his/her own safety but also about the safety of the electronic material that is collected.