Investigating a cyberstalking case presents a unique set of challenges. Evidence can be found in digital form, so it can be protected from being lost or damaged, or the complete opposite can be true and it can be easily lost, damaged, corrupted, or rendered inadmissible in court due to flawed forensic gathering practices. It is important, with cases involving digital media that the same procedures be followed when it comes to collecting evidence. Chain of custody documentation must still be kept. The right software must be used to directly copy any hardware seized or searched for investigative purposes. The first step in a cyberstalking investigation, just like most other criminal investigations, involves interviewing the victim. Even if the …show more content…
Obtain copies of e-mails, text messages, social network posts, etc. These may be able to be trace back to the sender, and can also help lead investigator to the source of the connection between victim and stalker. If investigators can find out why or how the victim was chosen, it may be possible to find more victims, who have yet to report the problem, or it could also vastly narrow down the search for suspects. It may be possible to trace e-mail messages by their IP address, and a suspect ISP can be subpoenaed to provide records of their internet history. Text messages and Phone calls are time stamped and a mobile phone or landline service provider can be subpoenaed for call histories and text logs. If the stalker is determined to avoid detection, of course there are steps they can take to counteract these types of investigations. The suspect can use VPNs or public Wi-Fi hotspots to send e-mails, disposable burner phones for texts, or anonymous computer programs capable of sending texts and attachments. This also makes finding the connection to the victim as well as the probable cause for the harassing behavior so vital, it can be the main thing that gets the suspect caught. Even if all those above steps are taken to avoid detection, investigators would still be able to gather evidence if the suspect was under surveillance or his internet communication was being monitored and
“20% of youth between ages 11-18 have been a victim of cyberbullying.” states “What is cyberbullying” Each year, many people are cyberbullied. This can lead to physical and mental harm, can affect everyone, and is not being reported as much as it should be. Cyberbullies should be prosecuted for these harmful actions.
After analyzing the information pertaining to Cyber-Stalking on the basis where the wife stated that her ex-husband was Cyber-Stalking her and trying to ruin her company and career. Without additional information such as emails and details of anything related to the claim, I will not be able to carry out on investigation on the basis that the wife is saying her ex-husband is Cyber-Stalking her because there is no evidence proving that he did such thing.
A computer forensic investigation typically includes the collection, examination, analysis, and reporting of data. These steps could have been used to extract and preserve the data in the U.S. versus AOL case. Collection involves seizing digital evidence. Examination is where techniques are applied in order to identify and extract data. Analysis is using the data and resources to prove a case (Brecht, 2015). Reporting involves presenting the documentation gathered during the investigation. Investigators use these steps to examine evidence that could be needed in a trial. Following these steps is one way to ensure that the findings are sound and admissible in court. “The purpose of a computer forensic examination is to recover data from computers seized as evidence in criminal investigations (Brecht, 2015)”. Forensic tools are used by investigators to provide their collection, indexing and detailed analysis
Just as stalking “in real life” is a crime in California, as it is in most states, stalking someone online is also a serious criminal offense.
There is further difficulty in defining cyberstalking because it is often a term that is interchangeable with cyberbullying and cyberharassment (Jameson, 2008, p.236). This wide array of internet criminal activity is defined along a continuum of cybercrime extending from purely in the physical world to purely in cyberspace (Gordon and Ford, 2006, p.15). The exclusionary definition of cyberstalking and distinguishing it from other similar cybercrimes helps with narrowing the definition of cyberstalking. Cyberbullying is the use of the internet to exhibit aggressive behavior aimed at intimidating or inducing fear
For this reason, it is imperative that the information gathered is reliable and accurate to ensure the evidence collected can be utilized by the digital forensic investigator for the current case (Ingalls & Rodriguez, 2011). Additionally, cyber incidents require digital forensic investigators to interview various individuals regarding the information needed for the case. According to the National Institute of Justice (2004), interviewing the system administrator, users, and employees of an organization regarding a cyber incident would provide investigators with valuable information; for example, user accounts, email accounts, network configuration, logs, and passwords. Furthermore, for digital forensic investigators to conduct an effective interview, they must have the proper tools and training to employ the interview process. For instance, formal procedures or instructions should be developed and implemented to ensure that the investigator follows a standard during all investigations. Additionally, training should be provided to ensure that digital forensic investigators comprehend by what means to prepare, conduct, and evaluate an interview. Furthermore, resources should be made available for digital forensic investigators to accomplish their tasks; for example, recording devices and references. Also, definitions should be provided to the digital forensic investigators for
Every day, millions of people use social media to either converse with their peers or to post pictures. There has been much discussion on whether or not individuals should be prosecuted for rude statements made on social media. Individuals should not be prosecuted for derogative statements made on social media. Although some may say that prosecuting cyberbullies for statements made on social media is beneficial, it would have many negative consequences. Prosecuting individuals for statements made on the internet would discourage personal responsibility, be a violation of the first amendment, and squander tax payers' money.
The main difficulties that the police agencies face during the online crime investigation include the multi jurisdictions, obtaining the warrant for search and seize, anonymity, significant amount of data, and consistently evolving technologies and techniques(Wall, 2012). Specifically in the online predators crime, the idea of obtaining a warrant is the most critical difficulty the police agencies have. Similarly to other actual physical criminal cases such as murder or assault, the key component in conducting the successful investigation is to identify and obtain the actual evidences that can prove the offense(Power, 2013). However in terms of the cyber crimes, most evidences are contained in the actual computer itself, which, it explains that the
Countries are regularly updating their legal guidelines to explain how digital evidence affects the digital constitution act. As a result, criminals developed their own tools to conceal their crimes creating real-world challenges for forensics investigators. Today, investigators need to learn from many standards of practice: researching from old to new computer systems, expand mechanical knowledge, create new developments and solutions for any investigation.
Improvements in technology have demonstrated that with relative ease nefarious individuals can acquire various types of information with the use of computers, cellphones, tablets, databases and the internet. This information can be used for a large array of deeds, illegal activity being a major one. In an effort to combat this emerging type of crime, the Department of Justice, local law enforcement agencies, banks, retail stores, and investment firms are integrating computer forensics into their organizations. These crimes range from network security breaches at companies like Target and Home Depot to child pornography, the common thread is that the implicating evidence was found on an electronic media device.
Digital forensics has been responsible for putting away thousands and thousands of criminals. Ranging from simple crime computer crimes to child pornography. To get quality evidence that can be admissible in court there are steps that are needed in preparing a computer investigation. There are also requirements for data recovery, as well as procedures for corporate investigations. “Digital forensics has become prevalent because law enforcement recognizes that modern day life includes a variety of digital devices that can be exploited for criminal activity, not just computer systems. While computer forensics tends to focus on specific methods for extracting evidence from a particular platform, digital forensics must be modeled such that it can encompass all types of digital devices, including future digital technologies” (Reith, Carr, and Gunsch, 2002).
Count 2 ( Cyberstalking ) alleges that between December 25, 2000, and August 18, 2001, Bowker, located in Ohio, knowingly and repeatedly used the Internet to engage in a course of conduct that intentionally placed Knight, then located in West Virginia, in reasonable fear of death or serious bodily
Dedicated system forensics specialists have trained intensively in investigating digital incidents to determine magnitude of the situation. Since digital crimes are committed on devices over multiple computing platforms, it is essential for forensic specialist to have a broad knowledge on which tools and techniques yield best results. The information collected from devices may serve as useful evidence in a legal matter; you never want the gathering of data to be an issue during the trial proceedings. Dedicated system forensic specialists understand the advantage in preparing a chain of custody report; it documents who oversaw data recovery or imaging, when & where collection took place and how & who stored data, which all add evidentiary value to findings. Individuals not skilled in the digital investigative process may inadvertently contaminate, overlook or destroy evidences, or simply forget to document the collection process. The smallest omission & fallacy in evidence collection or documentation can cause finds to
Just as technology has exponentially increased the level of communication and commerce, it has similarly expanded opportunities for criminal activity and victimization. The Internet can be used to commit crimes ranging from the release of a computer virus resulting in worldwide catastrophic damage to industrial espionage, from simple assaults to acts of terrorism, from child pornography to luring and sexual assault on children. Apart from the breadth of potential misconduct, the unique nature of the internet presents challenges not evident in the traditional law enforcement, such as questions of jurisdiction, evidence access and preservation, applicability of current laws, vulnerability of a virtually unlimited victim pool, and practical obstacles to the identification of perpetrators. In this investigation manual you will find the overview of a crime, conduct a seizure of evidence with pictures, what to do when conducting a search
In a world where technology is increasingly becoming the way of life, it was only a matter of time before crime was no longer just in the streets but happening online as well. Criminals now get a new approach to carry out their crimes with the use of computers. Since technology is more like a murder mystery than catching the bad guy in the act, a new discipline of forensics needed to be put into place. This is known as computer forensics. Forensic science is any science used for the purpose of law. In the case of computer forensics it is “the discipline that combines elements of law and computer science to collect and analyze data from computer systems, networks, wireless communications, and storage devices in a way that is admissible as evidence in a court of law” (U.S. Cert, 2008). Meaning if you do something illegal on the Internet it can be found.