Digital Evidence Database

Showing 1 to 10 of 120 results.

  • Guidelines of the Committee of Ministers of the Council of Europe on electronic evidence in civil and administrative proceedings

    Institution

    Council of Europe (European Union)

    Language

    English

    Publication date
    2019-01-30

    Reference link
    https://search.coe.int/cm/Pages/result_details.aspx?ObjectId=0900001680902e0c
    Executive summary
    n/a
    Purpose
    "The guidelines aim to facilitate the use and management of electronic evidence within legal systems and in court practices."
    Description
    The document includes a brief section on relevant definitions, including metadata, trust service, among others. It also sets out fundamental principles for the handling of electronic evidence in civil and administrative proceedings. The guidelines address the process of taking oral evidence by remote link; the use of electronic evidence; the collection, seizure and transmission of electronic evidence; relevance and reliability; storage, preservation and archiving. The document also includes a note on the importance of awareness-raising, review, training and education.
    Target group
    EU Member States, their judicial and dispute-resolution mechanisms.

  • Preuves électroniques dans les procédures civiles et administratives (Lignes directrices et exposé des motifs)

    Institution

    Council of Europe (European Union)

    Language

    French

    Publication date
    2019-01-30

    Reference link
    https://rm.coe.int/lignes-directrices-sur-les-preuves-electroniques-et-expose-des-motifs/1680968ab6
    Purpose
    "The guidelines aim to facilitate the use and management of electronic evidence within legal systems and in court practices."
    Description
    The document includes a brief section on relevant definitions, including metadata, trust service, among others. It also sets out fundamental principles for the handling of electronic evidence in civil and administrative proceedings. The guidelines address the process of taking oral evidence by remote link; the use of electronic evidence; the collection, seizure and transmission of electronic evidence; relevance and reliability; storage, preservation and archiving. The document also includes a note on the importance of awareness-raising, review, training and education.
    Target group
    EU Member States, their judicial and dispute-resolution mechanisms.

  • Guidelines for the cooperation between law enforcement and internet service providers against cybercrime

    Institution

    Council of Europe (European Union)

    Language

    English

    Publication date
    2008-04-02

    Reference link
    https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016802fa3ba
    Executive summary
    n/a
    Purpose
    Assist cooperation among law enforcement and service providers against cybercrime.
    Description
    The guidelines are a non-binding tool that is expected to be disseminated among law enforcement and service providers to assist in their cooperation against cybercrime while acknowledging the respective roles, responsibilities and the rights of internet users. The document presents general guidelines, setting out the measures to be taken by law enforcement as well as service providers.
    Target group
    Law enforcement officers and service providers.

  • Best Practices Report

    Institution

    European Commission (LIVE_FOR Project)

    Language

    English

    Publication date
    2018-05-23

    Reference link
    http://live-for.eu/wp-content/uploads/2019/04/D2.2_final.pdf
    Executive summary
    This document presents the best practices that are expected to be followed in cases when application of the EIO directive is applied. Besides the main instruction about application the document provides reasonable introduction to the main knowledge from relevant fields such as digital forensics and cross-border evidences collection from both aspects: technical and legal. This approach is understood by contacted experts to be most useful for the future professional in the respective organizations like prosecutors, judges etc. in cases when the EIO Directive will be applied. The first chapters define the technical part of this document. It is aimed to facilitate the knowledge needed to carry out a forensic analysis in both traditional computing and cloud environments. For that purpose, the first chapter is focused on defining basic general concepts such as the functioning of the Internet, the typical topologies of communication networks, how the information exchange process is carried out and which is the definition and use of metadata. The next two chapters are addressed to the techniques and principles of forensic digital science. They describe the principles of forensic computing, the basic legal requirements needed to carry out the information extraction process properly and the different types of information extraction methods, such as dead acquisition analysis and live forensics methods. Reverse engineering concept is explained and the most complete and well-known tools in this field are listed. This document also addresses and defines the characteristics of the technologies available behind the cloud environment, as well as carrying out an analysis of the risks and advantages associated with it, since every day more companies and entities migrate their information to the cloud. Some typical practical cases that can be used as a reference are also defined. One of the characteristics of cloud environments is the difference in terms of geographical location, so the data can be stored in multiple countries with different jurisdictions. This represents a challenge for the EU that needs to develop tools aimed to transfer digital evidences quickly and safely. For that reason, the tools that have been developed so far in this field are analysed. The legal part is defined in Chapter eight and is aimed to provide a reliable method and a series of best practices on gathering e-evidence abroad by using the EIO. Therefore, this part of the document can be used as a guide to complete properly each of the steps needed in the EIO. In the Annex, the international standards that can be followed by investigators to carry out a digital forensic analysis of evidence are defined. It is important that the agents involved in the scope of the Directive and the EIO increase their technical knowledge, their understanding of the main concepts regarding forensic environments in the cloud and enhance their knowledge on filling the EIO and the related procedures. This document is therefore intended to be used as a guide to allow the most effectiveness and appropriate adaptation to the current situation of the European environment.
    Purpose
    "Increase the technical knowledge, understanding of the main concepts regarding forensic environments in the cloud and enhance their knowledge on filling the EIO and the related procedures. This document is therefore intended to be used as a guide to allow the most effectiveness and appropriate adaptation to the current situation of the European environment."
    Description
    The document includes bes practices expected to follow when the European Investigation Order (EIO) is applied, particularly in connection to digital evidence and cross-border cooperation, from a legal and technical perspective. The document includes explanations on basic concepts such as server, log, metadata, etc. It also addresses digital forensics techniques and procedures, cloud forensics, and best practices on the collection of cross border evidence. As an annex, it includes relevant standards on digital evidence.
    Target group
    Agents involved in the application of the European Investigation Order (EIO).

  • Evidence Matters in ICC Trials

    Institution

    International Bar Association (IBA)

    Language

    English

    Publication date
    2016-08-09

    Reference link
    https://www.ibanet.org/Article/NewDetail.aspx?ArticleUid=B9B8DC23-6616-41BA-8EF2-3D209398BDBD
    Executive summary
    In this report, the [International Bar Association (IBA)] examines the maturing trial practice of the [International Criminal Court (ICC)], as it is situated within a lineage of institutions that deliver international criminal justice. The number of trials and legal issues before the ICC continues to increase. By considering evidence matters, the IBA builds on its previous report on Witnesses before the International Criminal Court to focus on existing issues and future considerations for fair trials before the ICC. In Evidence Matters in ICC Trials, the IBA takes into account the existence and relevance of new types of evidence, and the development of ICC procedural law for hearing and ruling on evidence.
    Purpose
    The report aims to provide a comparative perspective on the selected evidence matters and arising from the court's trial practice.
    Description
    The document examines the International Criminal Court (ICC) trial practice concerning its evidentiary practice. It addresses evidence in a forward-looking manner, assessing new types of evidence such as digital and technologically derived evidence, as well as the ICC's approach thereto. Moreover, it analyzes the admission of prior recorded testimony in ICC trials and the ICC's evidence assessment within its trial proceedings. Chapter 2 of the document deals with digital and technologically derived evidence. In this chapter, the IBA outlines the relevance of new forms of evidence such as digital evidence and discusses how to present and assess digital and technologically derived evidence. The chapter also talks about the ICC’s approach to digital and technologically derived evidence, key considerations for digital and technologically derived evidence in ICC trials, sources of digital and technologically-derived evidence, compiled and formatted evidence, future considerations for digital and technologically derived evidence and recommendations on how to handle digital evidence.
    Target group
    Academics and practitioners

  • Forensic Examination of Digital Evidence: A Guide for Law Enforcement

    Institution

    Office of Justice Programs, National Institute of Justice (NIJ) (US Department of Justice)

    Language

    English

    Publication date
    2004-04-01

    Reference link
    https://www.ncjrs.gov/pdffiles1/nij/199408.pdf
    Purpose
    The report assists agencies in developing their own policies and procedures.
    Description
    The guide is not all-inclusive, but it rather deals with common situations encountered during examination of digital evidence. The main contents of the guide relate to what it includes as steps of the examination process: 1. policy and procedure development; 2. evidence assessment; 3. evidence acquisition; 4. evidence examination; and, 5. documenting of digital evidence. It further includes case examples.
    Target group
    Law enforcement officers and other members of the law enforcement community who are responsible for the examination of digital evidence

  • Digital Evidence in the Courtroom: A Guide for Law Enforcement and Prosecutors

    Institution

    Office of Justice Programs, National Institute of Justice (NIJ) (US Department of Justice)

    Language

    English

    Publication date
    2007-01-01

    Reference link
    https://www.ncjrs.gov/pdffiles1/nij/211314.pdf
    Executive summary
    n/a
    Purpose
    Assist prosecutorial offices and associated law enforcement agencies in dealing with digital evidence to address the complete investigation process.
    Description
    The report identifies and addresses some of the key issues related to digital evidence. It includes relevant guidance related to search and seizure; integrity, discovery, and disclosure; relevant evidentary rules and courtroom preparation; as well as presentation and submission of digital evidence. Lastly, it applies these guidances to the issue of child pornography. The document also refers to additional resources and includes forms useful for investigators.
    Target group
    Law enforcement personnel and prosecutors

  • Electronic Crime Scene Investigation: A Guide for First Responders, Second Edition

    Institution

    Office of Justice Programs, National Institute of Justice (NIJ) (US Department of Justice)

    Language

    English

    Publication date
    2008-04-01

    Reference link
    https://www.ncjrs.gov/pdffiles1/nij/219941.pdf
    Executive summary
    n/a
    Purpose
    Assist state and local law enforcement and other first responders who may be responsible for preserving an electronic crime scene and for recognizing, collecting, and safeguarding digital evidence.
    Description
    The document includes definitions and basic concepts relevant when dealing with digital evidence. The guide addresses potential electronic devices, investigative tools and equipment. Moreover, it sets out practices concerning securing and evaluating the scene, documenting the scene, collecting evidence, and handling of digital evidence. Lastly, it includes a section on electronic crimes and digital evidence. The document also has a glossary of relevant concepts.
    Target group
    State and local law enforcement and other first responders.

  • Electronic Crime Scene Investigation: An On-the-Scene Reference for First Responders

    Institution

    Office of Justice Programs, National Institute of Justice (NIJ) (US Department of Justice)

    Language

    English

    Publication date
    2009-11-01

    Reference link
    https://www.ncjrs.gov/pdffiles1/nij/227050.pdf
    Executive summary
    n/a
    Purpose
    The document is intended as a quick reference for first responders and as a companion piece to 'Electronic Crime Scene Investigation: A Guide for First Responders, Second Edition'.
    Description
    The guide addresses potential electronic devices, and sets out practices concerning securing and evaluating the scene, documenting the scene, collecting evidence, and packaging and transporting digital evidence. Lastly, it includes a section on electronic crimes and digital evidence.
    Target group
    First responders.

  • Digital Evidence: Policies and Procedures Manual

    Institution

    Office of Justice Programs, National Institute of Justice (NIJ) (US Department of Justice)

    Language

    English

    Publication date
    2020-05-01

    Reference link
    https://www.ncjrs.gov/pdffiles1/nij/254661.pdf
    Executive summary
    n/a
    Purpose
    The manual is intended to be a base for defining a series of policies and procedures (especially concerning collection, handling and processing of digital evidence) within law enforcement agencies.
    Description
    The manual includes sections on case assignment and prioritization; equipment testing, validation and updates; evidence and property handling; search and seizure; storage and retention of evidence; reports; materials and supplies' digital forensic lab access; information to the media; and quality controls.
    Target group
    Law enforcement agencies

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