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3. Procedure for Seizing and Collecting Digital Evidence

procedure cybercrime

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Jovina Castillon Dimacale
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5 views

3. Procedure for Seizing and Collecting Digital Evidence

procedure cybercrime

Uploaded by

Jovina Castillon Dimacale
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Procedure for

Seizing and
Collecting
Digital
Evidence
Understand the importance of
proper procedures in handling
digital evidence.

Learn the steps for seizing and


Objectives collecting digital evidence.

Highlight best practices to


maintain the integrity of
evidence.
What is Digital Evidence?

Definition of Any information stored or


Digital transmitted in digital form that
may be
Evidence
Examples:

used in legal
Emails, texts, documents, images,
videos.
Metadata, logs, internet browsing

proceedings. history.
Data on computers, mobile devices,
and cloud storage.
Importance of Proper Handling

Ensures
Maintains evidence
admissibility in
integrity.
court.

Supports Prevents
successful accusations of
prosecution of tampering or
cybercrimes. contamination.
Legal Basis

R.A. 10175 (Cybercrime


Prevention Act of 2012): Defines rules for evidence handling.

Rules on Electronic
Evidence: Admissibility of digital evidence in legal proceedings.

Chain of Custody
Requirements: Ensures evidence authenticity.
Procedure for Seizing Digital Evidence

Preparation Securing the Scene Identification of Evidence


Obtain proper authorization (warrant, consent). Ensure safety and restrict access to the area. Locate devices, storage media, and other potential sources of data.
Assemble the necessary tools and personnel. Identify and isolate devices to prevent tampering. Take note of device status (on, off, connected to networks).
Collection of Digital Evidence

Document the Evidence Preserve Evidence Integrity Label and Package Devices
Take photographs or videos of the devices and surroundings. Avoid altering or tampering with the device. Assign unique identifiers to each item.
Record serial numbers, device models, and physical condition. Use write blockers to prevent changes to data. Seal devices in anti-static bags to prevent damage.
Securing Digital Data

Imaging the Data: Hashing: Documentation:


Create exact copies (forensic images) of digital evidence. Generate hash values (MD5/SHA-1) to verify data integrity. Record every step taken during the collection process.
Use tools like EnCase, FTK Imager, or open-source tools.
Chain of Custody

Definition: The chronological documentation showing the seizure,

custody, control, transfer, analysis, and disposition of evidence.


•Key Elements:
•Date and time of collection.

Name and signature of individuals handling the evidence.

Purpose of each transfer.


Storage and Preservation

Store evidence in a secure, Limit access to authorized personnel.


temperature-controlled environment.

Regularly verify integrity using hash


values.
Challenges in Seizing Digital Evidence

Devices with encryption or password Cloud-based evidence requiring


protection. additional legal steps.

Volatile data (e.g., RAM content) that Cross-border jurisdiction issues in


may be lost if not captured immediately. accessing remote servers.
Best Practices

Have Always have legal authority (search warrant or consent).

Document Document every action meticulously.

Use Use certified forensic tools and trained personnel.

Maintain Maintain the chain of custody to ensure admissibility in court.


Conclusion

Proper procedures in seizing and crucial for successful


collecting digital evidence are investigations and prosecution.

Integrity, authenticity, and Continuous training and adherence


legality must always be upheld. to best practices are essential.

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