Assignment

There is a long-running debate on the use of open source tools in the information technology field, and in the digital forensics field specifically. Arguments center around three points: security, reliability, and support. In the digital forensics field, software is used for the acquisition and analysis of digital artifacts that might have some evidentiary value. The tool’s output must meet certain legal requirements.

Generally, to be admissible in United States courts, evidence presented must be both reliable and relevant. The standard to determine the reliability of evidence is the Daubert standard, discussed in your textbook. Four general categories are used as guidelines when assessing:

· Testing – can and has the procedure been tested?

· Error Rate – is there a known rate of error for the procedure utilized?

· Publication – has the procedure been published and subject to peer review?

· Acceptance – is the procedure generally accepted in the scientific community?

The National Institute of Standards and Technology (NIST) working group on Computer Forensic Tool Testing (CFTT) established a methodology for testing computer forensics software tools by developing general tool specifications, test procedures, test criteria, test sets, and test hardware. The results give interested individuals the necessary information to improve tools and to make informed choices in identifying scientifically sound forensic software and tools. A link to the CFTT site is included for your review and use.

Upon successful completion of this assignment, you will be able to:

· nalyze the impact of using “open source code” for public-sector agencies investigating alleged cybercrimes.

· Evaluate the impact of the U.S. Supreme Court ruling in Daubert v. Merrell Dow Pharmaceuticals on the admissibility of evidence.

Resources

· Textbook: Cybercrime and Digital Forensics: An Introduction

· Video: Mikko Hypponen: Fighting Viruses, Defending the Net

· Video: Daubert v. Merrell Dow Pharmaceuticals

· Article: Digital Evidence Discrepancies – Casey Anthony Trial

· Website: Computer Forensics Tool Testing Program

· File: APA Template for Dropbox Assignments.docx

· File: APA 6e Guide.pdf

Background Information

The usefulness and validity of open source digital forensic tools is a varied discussion. There are many issues to consider when selecting forensic tools, including tool design, levels of testing, verification prior to utilization in a case, error rates, and acceptance of the tool or process by the scientific community at large.

Instructions

1. Review the rubric to make sure you understand the criteria for earning your grade.

2. Review the following chapters in the textbook, Cybercrime and Digital Forensics: An Introduction:

a. Chapter 11, “Evolution of Digital Forensics”

b. Chapter 13, “Acquisition and Examination of Forensic Evidence”

c. Chapter 14, “Legal Challenges in Digital Forensic Investigations”

3. Review these videos:

a. “Mikko Hypponen: Fighting Viruses, Defending the Net” https://www.youtube.com/watch?v=cf3zxHuSM2Y

b. “Daubert v. Merrell Dow Pharmaceuticals” https://www.youtube.com/watch?v=JnjmNCstCjw

4. Read the following article:

a. “ Digital Evidence Discrepancies – Casey Anthony Trial ” https://www.digital-detective.net/digital-evidence-discrepancies-casey-anthony-trial/

5. Explore the  Computer Forensics Tool Testing Program  website. https://www.nist.gov/itl/ssd/software-quality-group/computer-forensics-tool-testing-program-cftt

6. In a 750- to 1,000-word essay, explain in your own words what “open source code” means.

a. What impact did the decision have on the admissibility of evidence?

b. Why would that matter in terms of a cybercrime prosecution utilizing digital forensic tools and techniques?

c. Explain why you agree with that ruling.

d. Explain how you disagree with that ruling.

e. Make a case for why the private sector should use this kind of software.

f. Make a case for why the private sector should not use this kind of software.

g. On pages 607-611 in the textbook, review the U.S. Supreme Court’s decision in the case of Daubert v. Merrell Dow Pharmaceuticals. Explain how the ruling had an impact on the admissibility of evidence.