There is a copy of the agenda attached [You do not have permission to access this file].
The attendance was a mixture of disciplines including computer science, software engineering, forensics, law, social science, and criminology; and from a number of backgrounds (particularly professional practitioners and academics. Folks I met included Buckhard Schafer and Richard Jones (Edinburgh Law School), Stephen Mason, Katie Benson (SCDEA), Ian Fergusion, George Weir, Duncan Smeed and Alan Poulter (Strathclyde) as well as some Glasgow folks (Karen, Brad, Mohammed, etc.).
The broad theme of the workshop was the two perspectives (investigation and prevention) on computer based, or computer assisted criminal activity (collectively cyber crime). The cyber security aspect of the workshop considered the challenges of preventing and deterring cyber crime, e.g. legal or market based approaches. The e-investigation parts of the workshop considered the challenges facing e-forensics investigators in terms of both the scale of work and the complexities of modern computer based technologies (cloud computing was discussed here).
The first presentation was by Mike Dickson (Scottish Crime and Drug Enforcement Agency) on the challenges facing e-forensics investigators. Aside from conventional problems of scale (of system storage and complexity) that I've heard Mike talk about before, he raised issues of 'live' investigations of computer systems. Traditional practice for e-investigation is to shut down and image storage from computers siezed during a raid. However, this approach is becoming increasingly problematic with potential evidence being stored on remote servers. Investigators are beginning to develop 'live' investigation techniques - i.e. inspecting a computer system as it is running. However, this raises issues of how the evidence can be presented reliably in court. Related to this are issues of cloud computing - how to access evidence that may be stored on virtualised systems.
Other technical problems raised were the growing use of encryption and forensic wiping tools by `suspects' (I think the word used was actually criminals, but thats LE folks for you. I'm not sure whether Mike was raising these as 'something should be done' or as just facts of life - I can't see a realistic solution to either 'problem'. There seems no point trying to regulate the use of these tools as they have too many perfectly legitimate uses (not least the multi-billion pound e-commerce industry). One thing that does occur to me is that the destruction of evidence is already an offence, so arguably this could be used in some circumstances where records are destroyed.
We discussed challenges in cyber-crime/forensics in groups. Our group raised the issue of accurately measuring the scale of computer based crimes and their cost to society. This seems a natural precursor to any discussion of the need to invest resources or other actions to remedy the problem. This also raised the issue of whether there are better mechanisms than detection and prosecution, based on markets and regulation. The initial challenge seems to be facilitating accurate e-crime reporting from victims.
A second challenge is how to reliably produce evidence from data gathered from computer systems and to store it reliably as well. I got the impression that not many of the participants understood the distinction between data and information. How do we establish a measure of confidence in the evidence produced in court, the same way that we do with other forms of evidence?
Stephen Mason covered the issues of cloud computing and forensics investigations, which can be summed up as "the traditional methods probably won't work". This was a really interesting talk, covering the extent to which existing computer forensics law is out of date. Much of the legislation is geared towards the notion of obtaining goods as evidence pertaining to a crime. Current legislation permits data accessible from a computer to be searched, if it is switched on when discovered during a search. This would seem to raise issues of jurisdiction - where is the evidenceheld, what are the privacy laws there...? Many of the issues relating to cloud computing seem similar to those of corporate governance - how to comply with which set of laws at any one time.
I asked Stephen afterwards how the reliability of electronic evidence is treated in court. I posed the hypothetical situation of a barrister challenging the reliability of each individual piece of evidence based on the completely unknown reliability of the tools that produced it. He suggested judges would be unsympathetic to this approach if all the electronic evidence supported a particular version of events. So, how is the traditional approach to presenting evidence in court compatible with the complexity of evidence produced by a computer? How easily could digital evidence be subverted, either maliciously or by defects in the tools? What is the measure of confidence, and how can it be presented to a jury in a manner that can be evaluated sensibly. Much of the language of the e-forensics people (not Stephen I add) is that if the tools produces some data that can be interpreted as evidence to support your case, then you are done.
I continued the theme of provenance of evidence in the following discussion, including the notion of diversity of tools and results from the dependability field. One point that occurred is that all evidence gathering and presentation is a social process. Evidence is an interpretation of information, which is an interpretation of data. What matters is to be able to convince a jury that your narrative about the evidence is the correct one. In these circumstances, the manner in which the evidence is gathered is bound to come under scrutiny.
George Weir talked in the afternoon about an investigation of risks of identify theft from call centres. This was a good piece of empirical investigation into security practices around pretty sensitive information (which actually shouldn't be - it shouldn't matter if someone knows my mother's maiden name) Summary: be afraid.
Muhammad Nuh Alazar (Nuh) (a Sri Lankan police officer) gave a talk about one particular investigation of ATM card swipers. A few things came out of this. One is that some bank cards apparently still store the PIN on the magnetic strip, including cards from Europe. He also mentioned a privilege escalation vulnerability in the default configuration of certain ATMs, that is openly available in the machine's manual - ask me offline and I'll give you the details.
Nuh also mentioned that his office uses open source tools for some parts of the work. So, this raises the question of what certification process (if any) is used for these tools, and whether this process is necessary for court evidence (apparently no and no, although the FBI do certify some tools such as FTK and Encase, which is why they are so expensive!). There apparently seems to be a reliance on guidance produced by ACPO for producing electronic evidence, without any deeper consideration of the reliability of tools.
At the end of the day we were asked to summarise a research agenda/idea/proposal for cyber crime, cyber security. Much of the proposal was around the idea of educating the general public, although I remain unconvinced as to the value of this. Our group proposed an open source infrastructure for evaluting, comparing and certifying forensic investigation tools.
One of the most interesting on-going discussions of the workshop was between the computer science dependability people (well, mostly me :-) ) and the e-forensics investigators concerning the reliability and provenance of evidence produced from e-forensics investigations. From what I could tell, e-forensics investigators have a back ground in law enforcement, the law or just about anything other than computer science and software engineering. They typically take a masters degree in something like E-Forensics and Digital Discovery at Glasgow which focuses on the legal aspects of evidence gathering and the current IT skills required based on the current commercial tools (FTK,Encase). Perhaps unsurprisingly, it was surprisingly hard to get over to the forensics people that computer systems are incredibly complicated things, whose outputs cannot be trusted at face value, particularly in matters of criminal evidence. Arguing that the people using the tools are experts (when they are manifestly not expert computer scientists) or that they are following established guidelines appears unsatisfactory to me if those guidelines paper over the problems of transparency. We had the same arguments for years in the voting systems field trying to convince vendors and election administrators that computers can easily made to misrepresent their internal state on output.
I'm not saying that electronic evidence should not be used in court, but I think we have a long way to go in establishing electronic evidence as reliable and transparent. My final point to the forensics folks was what happens when a major defect is found in one of the tools? How will you respond? Will all convictions be quashed? Who would ever trust electronic evidence again?
Keywords: Cloud Computing, e-forensics, Resilience, risk, security, trust, workshop