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What to do if a Computer Contains Evidence

  • STOP USING THE COMPUTER IMMEDIATELY!
  • Continued use of this computer WILL DAMAGE EVIDENCE and may make any evidence recovered unusable.
  • If the suspected computer is turned off leave it off.
  • If the computer is on DO NOT go through a normal SHUT DOWN process. CALL FOR IMMEDIATE INSTRUCTIONS.
  • Do not allow anyone to install any programs to conduct a “quick” search to see what may be on the computer. This may change last accessed times which may be crucial to any litigation.
  • Keep a DETAILED LOG of who had access, what was done and where the computer has been stored since the dates in question.
  • If the hard drive needs to be removed and sent in for a forensic examination make sure to document the date and time in the system BIOS and note whether it differs from the current time.
  • Secure the computer in a locked closet, office or a location where only a limited number of individuals have access.
  • Remember PREPARE for litigation
What are Computer Crimes - Crimes where computers are :
  • Used as a tool to facilitate or enable an illegal activity.
  • A target of criminal activity.
  • Incidental to a criminal offense
Basic Elements for Admissibility of Computer Evidence
  • No possible evidence is damaged, destroyed, or otherwise compromised by the procedures used to investigate the the computer.
  • Extracted and possibly relevant evidence is properly handled and protected from later mechanical or electromagnetic damage.
  • A continuing chain of custody is established and maintained.
  • All procedures and findings are thoroughly documented.
Digital Crime Facts - According to the Nevada State Attorney Generals Office:
  • Average Bank Robber Nets: $2,500.00
  • Average Bank Fraud Net s:$25,000.00
  • Average Computer Crime Nets:$500,000.00
  • Average Technology Theft Crime Nets: $1,900,000.00
Computer Intrusion Case History Database - U.S. Department of Justice Computer Crime and Intellectual Property Section (CCIPS)