1. CCIPS SEARCHING AND SEIZING COMPUTERS seize computers and obtain electronic evidence in criminal investigations. The topics covered and employees in connection with investigation or prosecution of criminal offenses http://www.usdoj.gov/criminal/cybercrime/searching.html

Computer Crime and Intellectual Property Section (CCIPS) Searching and Seizing Computers and Related Electronic Evidence Issues Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations Federal Criminal Code Related to Searching and Seizing Computers The USA PATRIOT Act Other Federal Statutes ... Computer Records and the Federal Rules of Evidence, Orin S. Kerr, USA Bulletin (March 2001) A. Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations NEW, REVISED VERSION PUBLISHED JULY 2002 This publication provides a comprehensive guide to the legal issues that arise when federal law enforcement agents search and seize computers and obtain electronic evidence in criminal investigations. The topics covered include the application of the Fourth Amendment to computers and the Internet, the Electronic Communications Privacy Act, workplace privacy, the law of electronic surveillance, and evidentiary issues. This updated version includes discussion of significant changes to relevant Federal law arising from the USA PATRIOT Act of 2001, and supersedes the previous version of "Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations," published January 2001, as well as "Federal Guidelines for Searching and Seizing Computers" (1994), and the Guidelines' 1997 and 1999 Supplements. Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations Manual main text Appendices Download the

2. United States Secret Service: Best Practices For Siezing Electronic Evidence of the offense. investigation of any criminal activity may produce electronic evidence. Computers and related evidence http://www.secretservice.gov/electronic_evidence.shtml

BEST PRACTICES FOR SEIZING ELECTRONIC EVIDENCE A Joint Project of the International Association of Chiefs of Police and the United States Secret Service iacp@secretservice.gov Outline Purpose Introduction Recognizing Potential Evidence Preparing for the Search and/or Seizure ... Conducting the Search and/or Seizure Secure the Scene Secure the Computer as Evidence Other Electronic Storage Devices Wireless Telephones Electronic Paging Devices Facsimile Machines Caller ID Devices Smart Cards Tracing an Internet E-mail About this Publication Credits Feedback Contact Purpose To develop a basic understanding of key technical and legal factors regarding searching and seizing electronic storage devices and media. Introduction Scope of the Problem As computers and related storage and communication devices proliferate in our society, so does the use of those devices in conducting criminal activities. Technology is employed by criminals as a means of communication, a tool for theft and extortion, and a repository to hide incriminating evidence or contraband materials. Law enforcement officers must possess up-to-date knowledge and equipment to effectively investigate today's criminal activity. The law enforcement community is challenged by the task of identifying, investigating and prosecuting individuals and organizations that use these and other emerging technologies to support their illicit operations. Recognizing Potential Evidence Computers and digital media are increasingly involved in unlawful activities. The computer may be contraband, fruits of the crime, a tool of the offense, or a storage container holding evidence of the offense. Investigation of any criminal activity may produce electronic evidence. Computers and related evidence range from the mainframe computer to the pocket-sized personal data assistant to the floppy diskette, CD or the smallest electronic chip device. Images, audio, text and other data on these media are easily altered or destroyed. It is imperative that law enforcement officers recognize, protect, seize and search such devices in accordance with applicable statutes, policies and best practices and guidelines.

3. Electronic Evidence Resource ListNIJ Office Of Science And Technology Electronic effectiveness of forensic evidence gathering techniques in criminal investigation has long been The presentation electronic evidence Gathering is designed to introduce the audience http://www.ojp.usdoj.gov/nij/cybercrime_resources.htm

4. EPA-OECA - Criminal Enforcement - Electronic Crimes Team computer/electronic evidence, and Internet investigative support. The team is staffedwith Senior Special Agents from EPA's criminal investigation Division (EPA http://www.epa.gov/compliance/criminal/investigations/electronic/

Criminal Enforcement Recent Additions Contact Us Print Version Search: EPA Home Compliance and Enforcement Criminal Enforcement Criminal Investigations ... Training Electronic Crimes Team Criminal Investigation Topics Special Agents Electronic Crimes The EPA Criminal Enforcement Program maintains an Electronic Crimes Team (ECT) which provides on-site support to EPA Special Agents in the execution of search warrants involving computer or other electronic evidence, the subsequent analysis of the seized computer/electronic evidence, and Internet investigative support. The team is staffed with Senior Special Agents from EPA's Criminal Investigation Division (EPA-CID). Team members are highly trained and experienced in the investigation of computer crimes and computer evidence recovery. Two Staff Attorneys serve as legal advisors to the Team. The ECT has strategically placed one team member in each of EPA's ten regions, EPA's National Computer Center at Research Triangle Park, NC, and at the EPA-CID Homeland Security office in Washington, DC. The Team supports EPA-CID Special Agents and Federal, State, Local, Tribal and International environmental law enforcement partners in:

5. Division Of Criminal Investigation - MT Dept Of Justice and supervises investigations that involve electronic evidence, Internet crimes Montanainvestigations Bureau Division of criminal investigation Department of http://www.doj.state.mt.us/department/criminalinvestigationdivision.asp

@import url(/code/import.css); Jump to content This website's design is only visible in a graphical browser that supports web standards, but its content is accessible to most any browser. For further information, see Help Home News Crime Victim Services ... About the Department Division of Criminal Investigation The Division of Criminal Investigation (DCI) provides direct assistance to federal, state and local public safety agencies. Its services include criminal investigations; narcotics and fire investigations; fire safety inspections; and law enforcement training. Mike Batista, Administrator Division of Criminal Investigation Department of Justice 303 North Roberts, 3rd Floor P.O. Box 201417 Helena, MT 59620-1417 Phone: (406) 444-3874 E-mail: contactdoj@state.mt.us Fire Prevention and Investigation Bureau The Fire Prevention and Investigation Bureau provides statewide fire prevention and investigation services to nearly 400 fire agencies, 56 county sheriff's departments, more than 60 city police departments, and numerous other state and federal agencies. The bureau assists with adoption of fire safety regulations, inspection of public buildings, establishment and promotion of fire prevention programs, licensing and endorsement of fire protection equipment entities, certification of local inspection programs, and the investigation of fires to determine cause and origin. The bureau's arson detection team, made up of a deputy state fire marshal and a trained canine, travels to the scene of suspicious fires to check for the use of accelerants. The bureau also manages and maintains the records of all fires that occur within the state and provides training to local public safety agencies.

6. Criminal Investigation OnLine to describe the police criminal investigation process in Crime Scene investigationA Guide and recognizing, collecting, and preserving electronic evidence. . http://www.ciol.org/news/newslet2-0205.html

Volume 1, Issue 2 - May 2002 Editor - Robert Meesig Grand Valley State University, Grand Rapids, MI Welcome to the second edition of the CIOL Newsletter. Newsletter items are generally arranged and presented according to the categories we used in our November 2001 study to describe the police criminal investigation process in the U.S. - Organizational Issues, Patrol Officers, Investigators, Investigative Management, Investigative Support, and Investigative Effectiveness, and we have also added a General/Miscellaneous category. Categories for which there are no items are deleted. Readers interested in providing information for inclusion in the CIOL NEWSLETTER are encouraged to submit items to meesigr@gvsu.edu INVESTIGATORS Internal Affairs Assignments An assignment to an Internal Affairs unit of a police department is often viewed either as a stigma or as a stepping stone for career advancement. Strategies used by several different agencies (New York Police Department, Los Angeles Police Department, and departments in New Orleans, LA, Charlotte-Mecklensburg, NC, and Charlotte, SC) to improve the nature and effectiveness of an internal affairs assignment are briefly discussed. (Source: Law Enforcement News , , March 31, 2000, pp. 1, 6.)

7. Electronic_Evidence effectiveness of forensic evidence gathering techniques in criminal investigation has long been The presentation electronic evidence Gathering is designed to introduce the audiance http://www.4nsic.org/Electronic_Evidence.html

Electronic Evidence A Gold Mine Waiting to be Explored The Gold Rush Is On T he gold rush is on again however this time the nuggets are electronic binary data. Like previous quests for gold, the potential for wealth hiding right below the surface can be an irresistible temptation. Resting right below the surface of most conventional hard copy evidence and documentation is that often elusive but valuable goldmine of digital evidence. It is laying there hiding and waiting for us to both discover and recover it. Like the earlier quest for gold nuggets, the digital evidence remains invisible and worthless until we can extract it and shape it into something valuable. In its raw form, much electronic evidence is nothing but a jumble of scattered binary bits. Not very different from the gold veins awaiting separation from the rock and mineral formations they hide in.  W hereas the quest for gold has obsessed its seekers, the search for most electronic evidence often goes unexplored.  It has become fairly commonplace in litigations to request all electronic evidence and records along with the other more conventional record and evidence sources. More often than not this is done as an all encompassing precautionary measure. Everything has been requested just in case you may later want access to it. Most of the time the actual electronic evidence is not acquired or fully explored. The office and home computers are not taken nor is the laptop or the Palm Pilot or the abundance of floppy, Zip and related storage media disks that are typically floating about. These items are the untapped gold mine for electronic evidence.

8. Criminal Investigation OnLine forensic issues relating to the criminal investigation process. electronic availabilityis indicated, if applicable. A Macroscopic Look at Microscopic evidence. http://www.ciol.org/news/newslet4-0208.html

Volume 1, Issue 4 - July-August 2002 Editor - Robert Meesig Grand Valley State University, Grand Rapids, MI In this combined July-August iissue of THE CIOL NEWSLETTER, we focus on DNA and forensic science issues. First, we present several NLECTC News items on the subject, and then we excerpt an article in the NCJRS Catalog that lists a number of excellent, mostly easy-to-understand references regarding DNA and forensic science. NLECTC News The following articles are from the NLECTC (National Law Enforcement and Corrections Technology Center) News Summaries, which are available by subscribing to JUSTNET News at www.nlectc.org "Md. Bill Would Expand DNA Database; Supporters Want Sample From Anyone Convicted of Felony" Washington Post (03/02/02) P. B1; LeDuc, Daniel. Maryland may expand its criminal DNA sample program to include all people convicted of violent crimes. A House committee will not seek DNA samples from all state residents because bill sponsor Del. Ann Marie Doory is afraid of trampling on people's civil liberties. She hopes that unsolved cases and new crimes may be solved by using the DNA of people already convicted of other indiscretions. The legislation also calls for a larger DNA database to help eliminate backlogs and for a technology fund to be established to help Maryland get federal assistance for DNA testing. Howard P. Rawlings, chairman of the committee considering the DNA bill, notes that cost might be the biggest opposition to it. The state may also pass a law that forces police and prosecutors to keep DNA from a case for the duration of the perpetrator's imprisonment. (

9. Privacy International - COE Recommendation No. R (95) 13 technical methods for handling electronic evidence should be procedural law provisionson evidence relating to the investigation of criminal offenses, without http://www.privacy.org/pi/intl_orgs/coe/info_tech_1995.html

COE Recommendation No. R (95) 13 of the Committee of Ministers to Member States Concerning Problems of Criminal Procedure Law Connected with Information Technology (Adopted by the Committee of Ministers on 11 September 1995 at the 543 meeting of the Ministers' Deputies) The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe. Considering that the aim of the Council of Europe is to achieve a greater unity between its members; Having regard to the unprecedented development of information technology and its application in all sectors of modern society; Realizing that the development of electronic information systems will speed up the transformation of traditional society into an information society by creating a new space for all types of communications and relations; Aware of the impact of information technology on the manner in which society is organised and on how individuals communications and interrelate; Conscious that an increasing part of economic and social relations will take place through or by use of electronic information systems;

10. Council Of Europe. Recommendation No R (95) 13 Concerning Problems Of Criminal P technical methods for handling electronic evidence should be procedural law provisionson evidence relating to the investigation of criminal offences, without http://cm.coe.int/ta/rec/1995/95r13.htm

Français Explanatory memorandum COUNCIL OF EUROPE COMMITTEE OF MINISTERS RECOMMENDATION No. R (95) 13 OF THE COMMITTEE OF MINISTERS TO MEMBER STATES CONCERNING PROBLEMS OF CRIMINAL PROCEDURAL LAW CONNECTED WITH INFORMATION TECHNOLOGY (Adopted by the Committee of Ministers on 11 September 1995 at the 543rd meeting of the Ministers' Deputies) The Committee of Ministers, under the terms of Article 15. b of the Statute of the Council of Europe, Considering that the aim of the Council of Europe is to achieve a greater unity between its members; Having regard to the unprecedented development of information technology and its application in all sectors of modern society; Realising that the development of electronic information systems will speed up the transformation of traditional society into an information society by creating a new space for all types of communications and relations; Aware of the impact of information technology on the manner in which society is organised and on how individuals communicate and interrelate; Conscious that an increasing part of economic and social relations will take place through or by use of electronic information systems;

11. Secret Detentions During September 11 Investigation, November 20, 2001 Searching and Seizing Computers and Obtaining electronic evidence in criminal therequested information would harm an ongoing criminal investigation; and the http://www.cdt.org/security/011120cnss.shtml

Join With CDT in Making an Impact on Internet Policy! Wiretap Overview Overview Government Surveillance of Telephones and the Internet The Dept. of Justice has written a manual on the rules for seizing evidence stored in computers. "Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations" Carnivore Carnivore is a computer program designed by the FBI to intercept Internet communications. CDT's Carnivore Reference Page CALEA The Communications Assistance for Law Enforcement Act of 1994 (CALEA) was supposed to preserve law enforcement surveillance capabilities in the face of technological chage, but the FBI has been trying to use it to claim control over the design of the telephone network to enhance its surveillance powers. CDT's CALEA Reference Page Roving Wiretaps A roving wiretap order allows the government to tap any phone lines that a suspect may use. -Congress Passes " Roving Wiretaps ," Expands Surveillance Authority -E-RIGHTS Bill (S. 854) tightens standard for roving taps Echelon Echelon is a secretive international surveillance system that operates outside of the normal limitations of the Constitution.

12. White House Press Release Listing Steps Taken Since September 11, April 11, 2002 Searching and Seizing Computers and Obtaining electronic evidence in criminalinvestigations the largest criminal investigation in history. http://www.cdt.org/security/usapatriot/020411whitehouse.shtml

Join With CDT in Making an Impact on Internet Policy! Wiretap Overview Overview Government Surveillance of Telephones and the Internet The Dept. of Justice has written a manual on the rules for seizing evidence stored in computers. "Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations" Carnivore Carnivore is a computer program designed by the FBI to intercept Internet communications. CDT's Carnivore Reference Page CALEA The Communications Assistance for Law Enforcement Act of 1994 (CALEA) was supposed to preserve law enforcement surveillance capabilities in the face of technological chage, but the FBI has been trying to use it to claim control over the design of the telephone network to enhance its surveillance powers. CDT's CALEA Reference Page Roving Wiretaps A roving wiretap order allows the government to tap any phone lines that a suspect may use. -Congress Passes " Roving Wiretaps ," Expands Surveillance Authority -E-RIGHTS Bill (S. 854) tightens standard for roving taps Echelon Echelon is a secretive international surveillance system that operates outside of the normal limitations of the Constitution.

13. Training Schedule 8, Management of criminal investigation Units Northwestern 14, Management of evidenceand Recovered 2529, Managing electronic evidence International Association http://www.porterlee.com/html/radoran/training_schedule.htm

2002 Training Calendar Evidence Management Criminal Investigation Units Police Records January 3-4 Management of Evidence and Recovered Property Forensic Science Training Institute, Little Rock, Arkansas January 14-16 Police Record System Operations Clark County, Washington, Sheriff's Department, Vancouver January 17-18 Police Records Management, Advanced Training Clark County, Washington, Sheriff's Department, Vancouver February 4-6 Advanced Techniques In Property Room Management Northwestern University Center for Public Safety, Evanston, Illinois February 19-21 Management of Evidence and Recovered Property Oakland, Michigan Police Academy March 4-8 Management of Criminal Investigation Units Northwestern University Center for Public Safety, Evanston, Illinois March 12-14 Management of Evidence and Recovered Property Tri-River Police Training, Joliet, Illinois March Police Records Management, Advanced Training Mid-Michigan College, Mt. Pleasant, Michigan March 25-29 Managing Electronic Evidence International Association for Identification (IAI - Illinois Chapter), Peoria, Illinois

14. Searching And Seizing Computers And Obtaining Electronic Evidence In Criminal In AUSAs, and specialists at the Federal Bureau of investigation and other legal issuesthat arise when they seek electronic evidence in criminal investigations http://www.cybercrime.gov/s&smanual2002.htm

Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations Computer Crime and Intellectual Property Section Criminal Division United States Department of Justice July 2002 TABLE OF CONTENTS PREFACE INTRODUCTION I. SEARCHING AND SEIZING COMPUTERS WITHOUT A WARRANT A. Introduction ... Table of Contents PREFACE This publication (the Manual) is a revised version of the 2001 edition of "Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations." In addition to discussing recent caselaw, the Manual incorporates the important changes made to the laws governing electronic evidence gathering by the USA PATRIOT Act of 2001, Pub. L. No. 107-56, 115 Stat. 272 (2001) (the "PATRIOT Act"). These changes are discussed primarily in Chapters 3 and 4. Many of the provisions of the PATRIOT Act relevant here would, unless reenacted into law, sunset on December 31, 2005. Accordingly, prosecutors and agents are urged to inform the Computer Crime and Intellectual Property Section (CCIPS), at 202-514-1026, whenever use of the new authorities proves helpful in a criminal case. This information will help ensure that Congress is fully informed when deciding whether to reenact these provision. Nathan Judish of CCIPS took primary responsibility for the revisions in this Manual, under the supervison of Martha Stansell-Gamm, Chief of the Computer Crime and Intellectual Property Section. Assistance in editing was provided by CCIPS attorneys (in alphabetical order): Richard Downing, Mark Eckenwiler, David Green, Patricia McGarry, Paul Ohm, Richard Salgado, Michael Sussmann, and summer interns Matthew Heintz, Andrew Ting, Arun Subramanian, and Amalie Weber.

15. C Y B E R C R I M E Computer Crime and Intellectual Property Section (CCIPS) of the criminal Division of the US Departme Category Society Law Internet Internet Crime...... Available Information on Federal Warez investigation and Prosecution and SeizingComputers and Obtaining electronic evidence in criminal investigations; http://www.cybercrime.gov/

Text Only Version Attorney General Ashcroft Speaks Out on Computer Crime Watch the Video Read the Text Search for: Hints ... Want to receive news of updates to the cybercrime.gov website? Send a blank message to: cybercrime-subscribe@topica.email-publisher.com and we will add you to our email list! (Mailing list privacy information) Personalized information if you are a... Parent or Student Police Officer or Law Enforcement Agent Lawyer Interested in Cybercrime Citizen Interested in Cyber Policy Victim of Computer Crime Member of High Tech Industry Citizen Interested in High Tech Privacy Member of the Media Computer Crime (e.g., hacking): Policy Cases Guidance ... Information on Federal Warez Investigation and Prosecution: Operation Buccaneer General Information How to Report Internet-Related Crime How Private Industry Can Help Fight Cybercrime What does CCIPS do? Inviting CCIPS Attorneys to Speak to You ... Cyberethics Web Sites Other Cybercrime Legal and Policy Issues Electronic Commerce: Legal Issues Encryption and Computer Crime Federal Code Related to Cybercrime Intellectual Property Crime ... Speech Issues in the High-Tech Context New Updates: California Computer Spammer Sentenced to Federal Prison (March 25, 2003)

16. Heart Of America RCFL: Regional Computer Forensics Laboratory Searching and Seizing Computers and Obtaining electronic evidence in criminal investigations, published A Guide to electronic Crime Scene investigation To http://www.kansascityrcfl.org/24.shtm

Resources and Links FBI web site FBI's Handbook of Forensic Services The purpose of the Handbook of Forensic Services is to provide guidance and procedures for safe and efficient methods of collecting and preserving evidence and to describe the forensic examinations performed by the FBI Laboratory. Laboratory Home FBI Laboratory personnel provide forensic examinations, technical support, expert witness testimony, and training to Federal, State, and Local law enforcement agencies. DOJ web site Computer Crime and Intellectual Property Section (CCIPS) This publication provides a comprehensive guide to the legal issues that arise when Federal law enforcement agents search and seize computers and obtain electronic evidence in criminal investigations. The topics covered include the application of the Fourth Amendment to computers and the Internet, the Electronic Communications Privacy Act, workplace privacy, the law of electronic surveillance, and evidentiary issues. This updated version includes discussion of significant changes to relevant Federal law arising from the USA PATRIOT Act of 2001, and supersedes the previous version of "Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations," published January 2001, as well as "Federal Guidelines for Searching and Seizing Computers" (1994), and the Guidelines 1997 and 1999 Supplements. A Guide to Electronic Crime Scene Investigation To assist State and local law enforcement agencies and prosecutorial offices with the growing volume of electronic crime, a series of reference guides regarding practices, procedures, and decision making processes for investigating electronic crime is being prepared by technical working groups of practitioners and subject matter experts who are knowledgeable about electronic crime. The practitioners and experts are from Federal, State, and local law enforcement agencies; criminal justice agencies; offices of prosecutors and district attorneys general; and academic, commercial, and professional organizations. The series of guides will address the investigation process from the crime scene first responder, to the laboratory, to the courtroom.

17. National Institute Of Justice - Electronic Crime Publications Crime Scene investigation A Guide for First Responders, NIJ Guide, June 2001.Searching and Seizing Computers and Obtaining electronic evidence in criminal http://www.ojp.usdoj.gov/nij/sciencetech/ecrime_pub.htm

NATIONAL INSTITUTE OF JUSTICE ELECTRONIC CRIME PUBLICATIONS NIJ publishes and identifies research reports, research summaries, guides, and other documents for practitioners, policymakers, and researchers interested in electronic crime. Use the buttons below to view an A - Z listing of these publications, return to the program home page, search the NCJRS Abstracts Database for related titles, read NLECTC’s TechBeat newsletter, or link to other technology program publications. ECRIME Home A - Z Listing NCJRS Abstracts Database TechBeat ... Test Results for Disk Imaging Tools: dd GNU fileutils 4.0.36, Provided with Red Hat Linux 7.1 This NIJ Special Report documents results of testing dd GNU fileutils 4.0.36, provided with Red Hat Linux 7.1, against the Computer Forensics Tool Testing (CFTT) project's Disk Imaging Tool Specification. The test results provide information for toolmakers to improve tools used in computer forensics investigations, users to make informed choices, and the legal community and others to understand the tools' capabilities. Electronic Crime Scene Investigation: A Guide for First Responders Computers and other electronic devices are being used increasingly to commit, enable, or support crimes against persons, organizations, or property. This guide is intended for use by law enforcement and other responders who have the responsibility for protecting an electronic crime scene and for the recognition, collection, and preservation of electronic evidence.

18. ENSU: Electronic Learning At Northwestern State University 1. To provide the student an understanding of the fundamentals of criminal investigation.2. The student will learn the importance of evidence security and http://www.nsula.edu/ensu/prod_cv.asp?temp=331

19. Computer Crime Task Forces Connecticut Computer Crimes and electronic evidence Unit Milford Police Department PennsylvaniaDelaware County criminal investigation Division 610891-4700 http://www.ccmostwanted.com/policeCCU.htm

CYBER CRIMINALS MOST WANTED ccmostwanted.com The First One-Stop Cybercrime Awareness, Prevention and Safety Website COMPUTER CRIME TASK FORCES in the USA FIND: Legal Help Expert Witnesses Investigators Forensic Examiners OTHER RELATED TOPICS: Reporting Crimes Safety Most Wanted Lawyers ... SHOPPING The following agencies are granted law enforcement authority by their respective governments. Find Your Local USA Police Department on the Net Alaska Homer Police Department Internet Crimes Against Children Task Force 907-235-3150 Arizona Phoenix Police Department Internet Crimes Against Children Task Force 602-262-7311 California Los Angeles Los Angeles County District Attorney's Anti-Stalking Program North Bay High Technology Evidence Analysis Team (H.E.A.T.) Orange County Sheriff High Tech Crime Unit Rapid Enforcement Allied Computer Team (Identity Theft, Trademark Violations, Online Crimes, Theft) Roseville Police Department High Technology Crimes Investigation Sacramento County Sheriff's Office Internet Crimes Against Children Task Force 916-874-3002 Sacramento Valley Hi-Tech Crime Task Force San Diego Police Department Internet Crimes Against Children Task Force San Francisco Police Department Internet Crimes Against Children Task Force 415-558-5500 San Jose Police Department High Tech Crime Unit Stanislaus County Sheriff's Office Internet Crimes Against Children Task Force 209-525-5617

20. Second Feature Unearthing and preserving digital evidence is a painstaking involved in an internalor criminal investigation, staying on up from a provider's electronic cache http://www.scmagazine.com/scmagazine/2002_08/special.html

August 2002 - Special Feature Collecting Evidence from Providers Unearthing and preserving digital evidence is a painstaking process by any investigator's standards. But, whether a company is involved in an internal or criminal investigation, staying on the trail of clues can prove even more complicated when the tracks lead to a service provider. We have gathered opinions from experts in the U.K. and U.S. on what corporate executives, investigators and attorneys should be mindful of as they pursue clues that might be offered up from a provider's electronic cache. Being Mindful of Complications Clive Carmichael-Jones Forensic examination of computer data held by Internet service providers (ISPs) and, increasingly, application service providers (ASPs), is a potential legislative minefield that frequently sorts out the men from the boys, and certainly the males from the emails. The legislative and jurisdictional framework within which each situation is constrained is highly variable, and requires a delicate understanding of the principles to avoid potentially embarrassing and costly mistakes. Whether the information is used for a criminal proceeding or civil dispute is a starting point. In the case of civil dispute, ownership of the data is one of the key issues. For any business dealing with an ASP, the contracting company should have ownership of the data. Unfortunately, this is not always the case. In the case of criminal proceedings, the powers of law enforcement agencies, certainly in the United Kingdom, have been clarified by the somewhat controversial implementation of the oft quoted Regulation of Investigatory Powers (RIPA) Act 2000, notwithstanding the requirements since October 2, 2000 of the Human Rights Act 1998.

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