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Digital Forensics — What exactly is digital evidence?
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Digital Forensics — What exactly is digital evidence?

In the quiet heart of Wichita, Kansas, a creepy shadow has lingered for over three decades. Dennis Raderknown as BTK – short for Bind, Torture, Kill – haunted the community with a series of heinous murders between 1974 and 1991. His calculated murders and cryptic communication with law enforcement left a city paralyzed with fear and a trail of cold cases that baffled investigators.

Few cases in criminal history highlight the power of digital evidence as poignantly as Rader’s eventual capture. After years of silence, Rader resurfaced in 2005, sending a floppy disk to law enforcement in an attempt to taunt them. Unbeknownst to him, the drive contained metadata that linked him to a computer at Christ Lutheran Church in Wichita, where Rader served as a leader. Investigators identified a critical detail: the document was last modified by a user named “Dennis,” revealing its carefully guarded anonymity.

This turning point showed the transformative potential of digital forensics, a discipline that exposed a notorious criminal and demonstrated the vulnerabilities of those who underestimate technology’s ability to uncover the truth. The BTK case became a defining moment in forensic science, heralding a new era in which fingerprints often speak louder than words. As an expert in digital forensicsI’ve witnessed firsthand the relentless march forward in the complexity and quantity of digital devices and data—and it’s not slowing down.

What is Digital Proof?

Digital evidence refers to data and information stored, transmitted or received by an electronic device that can be used as evidence in an investigation. This evidence is crucial in both criminal and civil cases, similar to traditional evidence such as fingerprints or eyewitness testimony, but exists in digital format.

Digital evidence can take many forms, including text messages, emails, digital photos and videos, call logs, GPS data, web browsing history, health data, and social media interactions. It is stored on various digital devices such as mobile phones, computers, tablets, digital cameras, fitness items, smart watches and cloud storage services.

Unlike traditional forensic evidence, which involves the physical examination of objects, digital evidence requires specific tools and expertise to access, analyze and interpret. Devices such as phones or computers act as containers for evidence rather than evidence itself.

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The nature of digital evidence

Digital evidence is different from traditional physical evidence in several ways. In traditional forensic science, physical objects are directly examined as evidence, such as a vehicle accident or a crime scene littered with shell casings. These objects tell a story through their physical characteristics, changes and positions within the scene. They can be physically handled, observed with the naked eye, and analyzed through direct interaction with the material substance of the evidence.

On the other hand, in the digital realm, devices such as phones or computers act as containers for evidence rather than evidence itself. While you can document that a cell phone screen has been damaged or the serial number on a hard drive has been scratched, that’s only a surface-level view of the evidence—literally.

While traditional evidence refers to the physical examination of objects involved in an incident, digital evidence examines the virtual world contained in electronic devices. These devices serve as vessels, carrying rich and detailed accounts of personal and professional activities that are crucial to forensic investigations and legal proceedings. The data stored in these devices, such as texts, emails, images, logs and other digital files, is the real evidence. This data exists in a state that requires specialized tools and knowledge to interpret and often provides a detailed and often indisputable account of activities, communications and transactions.

Digital evidence is like a black box in an airplane. The box contains essential information about the plane’s flight, including cockpit conversations, altitude changes and other data that can help explain what happens if the plane crashes. Similarly, digital devices such as phones and computers act as black boxes containing information that can help explain what happened in a particular case. Data stored in these devices can provide information about behaviors, locations and interactions that are relevant to a case, just as a black box can provide information about what happened during a flight.

Protecting digital evidence

Protecting digital evidence is essential to ensure its integrity, authenticity and reliability. The value of digital evidence in litigation and investigations depends on its ability to withstand legal scrutiny on these matters. Because digital evidence is intangible, it can easily be altered or manipulated, which can compromise its credibility. Therefore, strict protocols for collection, preservation and analysis must be followed.

Digital evidence must be collected in a way that ensures its integrity, meaning that the data collected is a true and accurate representation of the original information. This involves the use of specialized techniques and tools that prevent data from being altered or damaged during the collection process.

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Once the data has been collected, it must be kept in a secure and controlled environment to ensure that it remains unchanged until it is presented in court. This means it must be stored in a way that prevents unauthorized access, and the chain of custody must be carefully documented to show who accessed it and when.

Finally, digital evidence must be analyzed and interpreted by experts who can clearly and accurately explain its meaning and relevance to the case. This requires specialist knowledge and training in digital forensics and an understanding of the legal context in which the evidence is presented.

In general, the value of digital evidence in court depends on its ability to be verified as authentic and reliable through strict adherence to collection, preservation and analysis protocols. Ensuring the integrity of digital evidence can provide critical insights into a case and help establish the facts that ultimately determine its outcome.

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Main conclusions: Digital evidence

  • Digital evidence can take many forms, including text messages, emails, photos, videos, call logs, GPS data, web browsing history, health data, and social media interactions.
  • Digital evidence is stored on various digital devices such as mobile phones, computers, tablets, digital cameras, fitness equipment, smart watches and cloud storage services. Due to its intangible nature, accessing, analyzing and interpreting digital evidence requires specific tools and expertise.
  • Protecting digital evidence is vital to ensure its authenticity, reliability and relevance in court. This involves proper handling, documentation and storage of digital evidence to avoid tampering, alteration or loss.