Forensic Scenario Analysis Scenario

Published Date: 02 Nov 2017

To analyse forensic scenario, I need to choose any one of the scenarios from the given case studies. So I chose ‘Couldn’t cover his tracks’ scenario.

This scenario states that it is found that on the network server, pornography was downloaded and this has been found on all computers in the office also. Because of this reason client has filed a case against them so that he can dismiss the employees who are involved in this. To find the files if any of them are deleted or any work which is not related and to make sure whether there are any illegal activities in the hard disk, Data Recovery Services were hired by the client. By these findings and verifications in the hard disk the technicians of forensic found spy software, file-sharing software which are illegal, pornography and some information about side business of some individuals are also found. As the outcome of these findings and checking or enquiring, the CEO and the network administrator were dismissed.

EVALUATION:

According to the case study mentioned, the network administrator couldn't cover his tracks/mistakes, as it is clear that he has downloaded pornography into the network server as well as the office computers which left an clue for the forensic technicians in the investigation. The forensic technicians were successful in finding spyware software, illegal file sharing software, pornography and information pertaining to a personal side business from the computers. This clearly states that the network administrator is not offended only for downloading pornography but also for involving in various illegal activities. As a result one of the clients builds a case for the dismissal of the employee.

COMPUTER FORENSICS:

To find the legal evidences in computers and digital storage media a branch of computer science is used which is known as ‘Computer Forensics’. Computer Forensic is also known as Digital Forensic which mentions about the investigation of digital.

The main objective of the computer forensic technician is to explain the current state of a digital artifact of a network administrator. The term digital artifact refers to a computer system or storage devices like CD-ROM/hard disk or an electronic document or even illegal file transfer between computers in a network. This information can be crystal clear as "what information is here?" and as detailed as "what is the sequence of events responsible for the present situation?" Finally as a result of investigation the network administrator was caught as they had the clear evidence for downloading the pornography.

The computer forensic is divided into different kinds of branches. They are mobile device forensic, network forensic, firewall forensic and database forensic.

To investigate this case which has got many issues the client hired some technicians of forensic. As this case got many issues the investigators took up some techniques of forensic in this scenario which are given below:

To examine computers the techniques of forensic are utilized in the cases of legal and in criminal cases these cases belongs to defendants and in civil cases these cases belongs to litigants.

The investigators will take the help of data recovery services to improve the data in the hardware or software when there are any malfunctions in it.

To examine computer system, they have to determine how the attacker can achieve the right way to get into the system and also to find out how he has done that with the help of file sharing software.

To find out how computers and network servers were worked for the debugging function. This repairing function is used for his personal side business.

Moreover special measures have to be taken in order to conduct an forensic investigation as it has to be submitted for the use in the court of law. The most important issue/measure is to collect and assure that the information is collected from network server and that is a clear chain of custody from the scene of the crime. In order to obey with the need to maintain the integrity of digital evidence, British examiners comply with the Association of Chief Police Officers (A.C.P.O.) guidelines. These are made up of four principles as follows:

No action is taken by the law enforcement agencies or their agents should change the data held on a computer or storage media which may be subsequently relied upon in court.

According to principle 1, when technicians found pornography and other illegal activities during the investigation, should not change any data until the case approaches the court, and if it's done the officials should not take any action upon him.

In exceptional circumstances, where a person finds it necessary to access original data held on a computer or on storage media, that person must be competent to do so and be able to give evidence explaining the relevance and the implications of their actions.

According to principle 2, here the investigation is regarding the pornography download and the forensic investigators get access to the network and all computers and found other offences too. Before doing so they must have prior permission and further access to the original data.

All information or data which are processed have to be recorded because it is useful for the evidences. This information should be preserved and it has to be scrutinized by a third party and their result has to be same.

According to this principle, all the data regarding this scenario has to be recorded and preserved it safely for the sake of evidence and when necessary they need to produce that data in the court.

The person in charge of the investigation (the case officer) has overall responsibility for ensuring that the law and these principles are adhered to.

According to the principle 4, the investigating officer should take all the responsibilities of that case and should obey all the four principle ACPO.

As the internet has the World Wide Web access, pornography has an special issue with the regard to the law. There is no such law set to the distribution, purchase or ownership of the internet pornography. Only the laws of one's home nation apply with regard to distributing or controlling Internet pornography. For example, if a pornographer is legally distributing pornography, the person receiving it may not be legally doing so due to local laws.

RECOMMENDATIONS:

Some points for legal to take into account about adult pornography are given below:

Need to introduce a legal age. The legal ages is of 18 or 21 and avoid people who are under 18 or 21 from accessing the pornographic websites.

For the actor who performs in the movies of pornography, a specific law has to be structured that his age has to be above 18 or 21.

The illegal activities like pornography and other kinds according to government authority must be prohibited.

The network administrator might have no rights in downloading the pornography in the server and using them for personal use. The CEO of the company should have enquired and stopped him from doing so as he is also responsible.

And finally someone may feel to object the investigator when doing official investigation as they are accessing all the files and data is an offence.

INTERNATIONAL PERSPECTIVE

INDIA

INFORMATION TECHNOLOGY LAW:

This law tells about the modern legal endorsement situation. This manages the data method and allotment digitally which presently is being in many countries. The various features which covers these legal endorsements considers safety measures, privacy, accessing internet, computer software and its safety, electronic commerce and accessing and managing digital data.

For transactions electronic commerce normally mentions some act to give legal acknowledgement and by the interchange of electronic data these transactions are accomplished and also by electronic communication, for the communication and information storage paper based procedures alternatives are utilized by it, later to modify the Indian penal code with the government agencies some electronic documents should be filed, The Indian Evidence act 1872, The Bankers Book Evidence act 1891 and The Reserve Bank of India act 1934

The model law on electronic commerce adopted by the United Nations Commission on international trade by the declaration from the United Nations Commission A/RES/51/162, dated 30th January 1997, the above said declaration recommends inter alia that all states give positive considerations to the said Model law when they support or revise their laws in the view of consistency of the law applicable to alternatives to paper based method of communications and storage of information.

The United Nations commission on International Trade Law (UNCITRAL) implemented the Model Law on electronic commerce in 1996. The general assembly of United Nations by its resolution number 51/162, dated 30th January, 1997.

The Model law states that equal legal treatment of users of both the electronic communication and paper based communication has to be provided. Pursuant to a recent declaration by the member countries, the World Trade Organization is likely to form a work programme to handle the work in this area including the possible creations of the multilateral trade deals through the medium of electronic commerce.

The reason behind this is to give legal acknowledgement to electronic files and digital marks and to administer the authorities who issues certificates such as the digital signature certificates are provided with a regulatory government. This is declared so that it will make electronic governance easy and also for the use of the electronic records acceptance and digital signatures are used in the offices of government.

In the Indian Penal Code to construct significant modifications this law is proposed and the act which has agreement with the documents which are fault associated and transactions which are paper based is known as the Indian Evidence Act, 1872 and in the different requirements this act also offers some essential changes. To make use of transfer of electronic fund among the financial institutions and banks the Reserve Bank Of India Act, 1934 is modified and to provide legal sanctity for the account books in the banks which are maintained in the structure of electronic the Banker’s Book Evidence Act, 1891 is used. All these schemes were also spread to the State Governments. These legislations got support from the state government and they also showed the importance for these legislations.

A recent example of Information Technology law is India's Information Technology act 2000, which was active since 17 October 2000. This act is applicable for whole of Indian and the outside territorial jurisdiction of Indian for any offence or infringement irrespective of the nationality of the person. The offences or infringement involved should be based upon an computer, computer system or computer network situated in India The IT act 2000 provides an extraterritorial applicability to its provision by virtue of section 1(2) read with section 75.

The laws studied in the module and which are applied are as follows:

DATA PROTECTION ACT:

The data protection act under our Indian constitution has provided the law relating to the privacy under the scope of article 21. In the year 2000 effort has been made by our legislature to embrace privacy issues relating to relating to computer systems under the IT act, 2000. This act explains the explains the certain provisions which provide protection of stored data. The 'Personal Data Protection Bill' was passed in the year 2006 which provides personal protection to data of the person.

Under IT Act, 2000

Section 43

This act gives security to the computer system when it is accessed unconstitutionally by imposing penalty on them for up to one core.

Section 65

Computer based code is provided by this section. A person will have to pay fine of about 2 lakh rupees or he might be imprisoned if he destroys or does any harm to other knowingly or intentionally.

Section 66

Persons are protected by hacking in this section. Hacking is nothing but intentionally causing harm to people and doing some damage to others or illegal loss to any person or doing this illegal loss of harm will be caused with the knowledge and the data which is existed in the computer system is damaged or destroyed or deleted is also called hacking. If hacking is done then penalty is to imprison person for about 3 years and also fine has to be paid about rupees of two lakhs.

Section 70

This section provides protection to the data stored in the protected system. Protected systems are those computers, computer system or computer network to which the appropriate government, by issuing gazette information in the official gazette, declared it as a protected system. Any access or attempt to secure access of that system in contravention of the provision of this section will make the person accessed liable for punishment of imprisonment which may extend to ten years and shall also be liable to fine.

Section 72

This section provides protection against breach of confidentiality and privacy of the data. As per this, any person upon whom powers have been conferred under IT Act and allied rules to secure access to any electronic record, book, register, correspondence, information document of other material discloses it to any other person, shall be punished with imprisonment which may extend to two years or with fine which may extend to one lakh rupees or both.

LAW OF CONTRACT:

On this contract law companies in this world and in this present case study are relied and this is useful for the information to be protected. By this law many agreements which are made with clients, companies, agents or other partners are protected and the information is kept safe up to their maximum level. There are some agreements which are "non-disclosure and non-circumvention", "user license" etc. These are confidential and private clauses which have some disputes and these disputes are to be solved. The data quantity which is available to the BPO and call centre employees are restricted to implement the procedures like BS7799 and ISO17799 which are information security management standards.

Indian Penal Code:

It imposes punishments for the wrongs which have occurred until the last decade. But it failed to protect within itself to punish for the crimes related to data which has become the order of the day.

The Personal Data Protection Bill 2006:

Upon the footprints of the foreign law, this law has been introduced in the Rajya Sabha on 8th December 2006. The main aim of this bill is to provide protection for the personal data and information of an individual collected for particular process by one organization, and to prevent its usage by other organization for commercial or other purpose and entitle the individual to claim compensation or damages due to disclosure of personal data or information of any individual without his consent and for matters connected with the Act or incidental to the Act.

Comparison:

We can shape out the appropriate requisites of the Indian law when there is comparison between the Indian law and UK law. According to its usability and significance the record can be grouped. In UK the Data Protection Act is grouped into eight principles but in India this act is under various sections. So in India according to usability the information has to be structured. The data extraction and destruction are covered by the IT act but all the organizations cannot give complete protection to the data and so obviously to protect the data and put it safe they need to set different agreements with various traders.

Instead of making any efforts a different law is made for the data protection law. In structuring 2006 bill the Indian legislature missed some space. The data protection law is completely formed from the law of UK and Data Protection Act formation. But at present comprehensive act is needed.

Example Case Study:

This case study relates to the geographical indication (GI) protection of Darjeeling tea. It tells the story of the unauthorized use and registration of ‘Darjeeling and Darjeeling logo’ by Japanese companies already registered in Japan by the Tea Board of India. The study also refers to the unauthorized use and attempted registration of the words ‘Darjeeling and Darjeeling logo’ by some other developed countries.

2) FREEDOM OF INFORMATION ACT:

The Freedom of Information Act in India is referred to as the Right to Information Act. The Right To Information Act (RTI) which was passed by the parliament of India states that "to provide for setting out the practical government of right to information to citizens". Only Jammu & Kashmir is exceptional to this law as it has its own state level law whereas the other states and union territories of India has this law as a common. Under the provisions of the RTI Act any citizen may request for information from a public authority, for which we get an reply expeditiously or within 30 days. The Act also requires every public authority to computerize their records for wide broadcasting and to proactively publish certain categories of information so that the citizens need minimum recourse to request for information formally.

In the parliament, the government passed this law on 15th June 2005 and on 12th October 2005 this law came into action. Earlier when Right to Information Act not came into action, the Official Secrets Act 1923 and different special laws restricted the disclosure information in India.

The Act states that the citizens have right to:

Appeal for any information

Obtain prints of documents

Scrutinize files, data and works

Get authorized models of work resources

Get data in the printouts, diskettes, video cassettes, floppies and tapes structure.

Comparison:

When compared with India on 30th November 2000 UK passed the Act. The Information Commissioner ‘Richard Thomas’ passed this law and this law is appropriate to England, Wales and Northern Ireland. But in Scotland they got their own law called as Freedom of Information Act, 2002. The public authorities are only given permission for this law. The public authorities are such as departments of government, schools, colleges, NHS bodies, Universities, Commons House, assembly of Northern Ireland and Wales.

UK has new rights for each individual

Right to know whether the information exists

Right to receive any kind of information (where possible in the manner requested)

Right to Access of Information came into effect on 1 January 2005

Example Case Study:

The beginning of the 21st century is marked with the developments made in the field of information and technology. The primary role of the information is to equip the citizens to make informed choices. Information is life blood that sustains political, social and business decisions. It may pertain to quality, quantity, standard, and prices of products or services that are needed to make an informed decision. This is particularly true in a country where government

In the year 2005 the Indian Parliament passed the Right to Information Act. This has established to be a mark for good authority and in helping normal people like the poor. This act is the strongest tool to authorize the normal citizens to fight against corruption and in participatory democracy an important role is played. This is the result after many years of struggle by civil society, NGO’s and media.

INTELLECTUAL PROPERTY:

The intellectual property rules in India are given below;

Copyright and brand attorneys

Advocates and Solicitors

Patents and Law General Practice Area

The basic application was filed on or after 8 December 1998 and the Indian Application is filed within six months from the date of filing of the basic Application. The patents Act 1972 was amended by the Patents Act 2002 and this were amended by the Patents Act 2003. The protection of intellectual property rights in India has been in the process of strengthening. There is a well-established statutory, administrative and judicial framework to safeguard rights, whether they relate to patents, trademarks, copyright or industrial designs. Well-known international trademarks have been protected in India even when they were not registered in India. The new Trademark Act allows registration of service marks. Hence, Court's recognition of service marks in the past has been now given statutory protection. Computer software companies have successfully curtailed piracy by means of court orders. Computer databases have been protected. The courts, under the doctrine of breach of confidentiality, accorded an extensive protection of trade secrets. Right to privacy, which is not protected even in all developed countries, has been recognized in India. Steps are being taken by the Government of India to strengthen and modernize the intellectual property administration system, including patent information services, trademarks registration and patent offices in India.

Under the privacy breach policy the court granted trade secrets protection widely. In all the countries which are developed the protection is not proper for Right to privacy and even in India this has been identified. The Indian government is taking some steps to make the administrative system of intellectual property modern and strong. Even information services of patent, registration of trademarks and offices of patents in India are also made to be modern and strong.

In May 1994, India built up patent right very strongly under its own domestic industry pressure and Unite States. In India a new law has come into action in May 1995 which reflects on patents of the Berne Convention requirements. On the basis of improving the protection of patents under the United States, India is named as "priority foreign country". Special 301 list was cancelled and as "priority watch list" India was placed. The applications of patent are also recovering very quickly.

An consultative committee has been formed by the Indian government and has recommended changes in the 1970 Indian Patents Act. A temporary regulation for patent protection implementing the "mailbox" provisions of the WTO TRIPS agreement and providing for exclusive marketing rights was issued in December 1994. In July 1996, the U.S. initiated WTO argument settlement procedures over India's failure to implement its TRIPS commitments. The last panel report on this case was issued in August 1997, and ruled that India had failed to meet its commitments under the TRIPS agreement.

Comparison:

To secure the individuals and groups patent, the copyright, designs and patent Act 1988 was designed. The computer software ownership is secured by this act and printed material is worked according to the copyright. The rights of developers of software are secured by this act and it will be there for fifty years even after the death of author.

This act covers some illegal activities in UK. They are;

Manufacturing illegal software copies

Different kinds of software copies are running even when only one license is purchased

Selling, lending or supplying pirate software to third parties

Over links of communications pirate software transmitting copyright is used.

Example Case Study

A conversation among Youth and Pepsi is obtained by Yahoo! The Pepsi ‘what’s your way’ was launched by Pepsi and at the time of this campaign some day to day tricky problems were solved by Youngistaan with cool solution. Even on online Youngistaanis used to solve those tricky questions asked by people and they used to solve them with cool solutions.

It gave the 4 coolest Youngistaanis, a chance to appear on the Pepsi ‘My Can’. And every day one youngster got the chance to become the ‘Youngistaani of the Day’ entitling him/her to a month's supply of free Pepsi and Rs 5000 as SMS talk time.

Yahoo! created a destination for Youngistaanis, where it hosted the same questions and users could come and give their wackiest answers. Not only did the site host the Celeb situations but it also allowed the users to come and enter their own situations and let Youngistaanis answer them. The aim was for Youngistaanis to interact with the idea and even co-create their own situations, while having a lot of fun.