Question 1
To begin with, the forensic readiness plan helps in the reduction of the rate of legal or regulatory necessities for the release of data. Having the proof effortlessly at hand and preserving it makes it conceivable for it to be effortlessly presented when it is necessary (Casey, 2015). Notably, there is always a financial risk involved in case information is not well managed. In this case, an excellent forensic plan helps in assurance schemes like disaster recovery, data retention, and business continuity. In most of the countries, regulatory requirements require such policies and strategies. However, the lack of permission can result in severe financial consequences. In some instances, the law enforcers and regulators may require immediate release and disclosure of specific electronically stored information. Secondly, it helps in showing good company governance, due diligence, and regulatory acquiescence. An association that has good evidence administration policies such as forensic readiness policy exhibits that it is on top of incident avoidance and response. Therefore, this will help the corporation gather goodwill which assures the customers that their transactions are always safe and protected.
In my opinion, the top three requirements that establish forensic readiness are; describing the business circumstances that would need digital evidence. This helps in rationalizing how to concentrate on evidence collection storage (Collie, 2018). The second one is the establishment of secure gathering and collection of evidence in a manner that is forensic. Lastly is to train and educate staff on incident awareness and response to make sure that they know their role in digital evidence process and sensitivity and importance of it.
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Question 2
It would be our decision with my supervisors not to search Mr.Jackson locker on the corporation’s on-site gym for digital evidence. This is because it would create a lot of tension and stress for him while he is still at work. Therefore this will lead to reduced output since he will be uncomfortable and will resist taking breaks (Meisenhelder, 1982). Again, searching the locker will make Mr. Jackson feel harassed while at his workplace and make him overreact to even smaller events at his workplace. Another reason for not doing it is that he might start feeling guilty for not allowing us to go through the locker. This might make him seem unkind and selfish in some way for not giving us what we wanted. However, it is essential for my team of the supervisor to know that he has the right to have things as he wants them. Again Mr. Jackson might be kind that firmly identifies and accepts the need for a personal boundary. This will make him feel less angry, drained and will increase his self-esteem concerning the case.
Question 3
If Mr. Jackson has left the company, it will be okay to use the master key to search the locker. This is because it will allow the gathering of acceptable evidence lawfully without meddling with the company’s processes. Again, with the absence of Mr. Jackson, it will enable minimal interruptions of the investigation operations since he will not be there to say his personal space is being invaded and violated. Taking the chance of this opportunity will also ensure that the digital evidence collected will positively impact the outcome of the legal action that will be taken (Kebande, Menza & Venter, 2018). Having Mr. Jackson out of the picture will help to gather evidence that directly targets his crime and main dispute that has led to adverse effects of the company.
Question 4
By involving the police in the investigation, it will create some parameters in the search and seizure. This is because the team of the data analyst at allied technology systems will lose control over the investigations (Evans, 2016). This will be unfortunate since it might be possible that the team has gathered more evidence that the police to bring down Mr. Jackson. Again, the police may create a lot of potential and unwanted publicity which might ruin the company’s image in some way. It is also possible that the involvement of police will lead to the disruption of business for some time since the operations will have to be stopped for a while to create thorough room investigation and collections data and evidence. This will make the company’s output go down by a significant percent hence making it difficult for the company to meet its objectives.
Question 5
Mr.Jackson’s failure to sign the receipt page will matter in a big way. This is because it might restrict the supervisors and even the police to gather enough evidence required in the court of law. In this case, it is essential for the prosecutor to ascertain beyond reasonable uncertainty that the defendant committed the crime (Leacock, 2014). Having this situation in mind, it is crucial for Mr. Robert to know that there can be a motion to dismiss the case since opposing party will point out lack of evidence. However, it can be possible to get witness testimony or circumstantial evidence which will aid in the investigations hence get rid of unnecessary tension for him in court.
Question 6
Checking Mr.Jackson’s briefcase at the checkpoint to search for potential evidence will be helpful in the collection of evidence. This is because it will help in knowing what digital evidence is usable and specifying the location of the evidence (Grant, 1974). Once again, the mission of the team is to access data and evidence in the least time possible which is often at the cost of adequate preservation. However, the security staff is not adequately trained to handle or identify the required evidence for the case. Again, it is the responsibility of the company and the council to ensure that all evidence collected was based on a solid foundation of defensible collection decisions. More importantly, Mr. Roberts should know that having a forensic expert reviewing Mr.Jackson’s computer artifacts might provide a better picture of what occurred since. This will give a deeper insight into the suspect’s behavior and motives which will later help to chart the proper course for the case. Having the security staff check for possible evidence will not help much since they lack a background in extensive investigation.
Question 7
A chain of custody is a chronological paper track that documents who handled, collected, controlled and analyzed the pieces of evidence during the investigation. Having a complete chain of custody document and any other visual proof like videos or pictures will help to prove the admissibility and authenticity of the evidence presented in court. Again a chain of custody helps to identify if the information collected has been cloned since with the advanced technology, it has become easier to alter and modify evidence. Another importance is that it helps the forensic examiners that might be involved in the case to know where the file came from and the type of equipment that was used (Shah, Saleem & Zulqarnain, 2017). Maintain the chain of custody is very crucial for the credibility of the company’s product and ultimate testimony. However, it is important for Mr. Roberts to know that lack of documentation for chain custody might create a risk. This is because lack of a chain of custody would mean that vibrant evidence could be considered legally insignificant in the courtroom. Again, having a messy chain of custody work would mean losing his case hence Mr. Jackson failure to serve justice.
References
Casey, E. (2015). The growing importance of data science in digital investigations. Digital Investigation , 14 , A1-A2. Doi: 10.1016/j.diin.2015.09.004
Collie, J. (2018). A Strategic Model for Forensic Readiness. Athens Journal of Sciences , 5 (2), 167-182. Doi: 10.30958/ajs.5-2-4
Evans, L. (2016). Police and public involvement. The Police Journal: Theory, Practice, and Principles , 90 (3), 215-227. Doi: 10.1177/0032258x16676498
Grant, J. (1974). The Collection of Forensic Evidence from the Forensic Scientist's Point of View. Journal of the Forensic Science Society , 14 (3), 177-182. doi: 10.1016/s0015-7368(74)70896-9
Kebande, V., Menza, N., & Venter, H. (2018). Functional Requirements for Adding Digital Forensic Readiness as a Security Component in IoT Environments. International Journal on Advanced Science, Engineering and Information Technology , 8 (2), 342. Doi: 10.18517/ijaseit.8.2.2121
Leacock, C. (2014). Search and seizure of digital evidence in criminal proceedings. Digital Evidence and Electronic Signature Law Review , 5 (0). Doi: 10.14296/deeslr.v5i0.1873
Meisenhelder, J. (1982). Boundaries of Personal Space. Image , 14 (1), 16-19. Doi: 10.1111/j.1547-5069.1982.tb01498.x
Shah, M., Saleem, S., & Zulqarnain, R. (2017). Protecting Digital Evidence Integrity and Preserving Chain of Custody. The Journal of Digital Forensics, Security and Law . Doi: 10.15394/jdfsl.2017.1478
