Digital forensic investigations are, for the most part, still predominantly conducted in response to an incident. With this reactive approach, there is extreme pressure put on the investigation team to gather and process digital evidence before it is no longer available or has been modified. Showing signs of weakness, being reactive to incidents suggests that organizations are not acting on their own initiative to identify problem areas and develop strategies for its suppression.
For investigations to truly become proactive, organizations must closely examine the time, money, and resources invested into their overall investigative capabilities. Digital forensic readiness is a process used by organizations to maximize their electronically stored information (ESI) to reduce the cost of digital forensic investigations. At the starting point, there needs to be a breakdown of risks including both internal events -- those that can be controlled and take place within the boundaries of control (e.g. outages, human error) -- and external events -- those that cannot be controlled and take place outside the boundaries of control (e.g. floods, regulations).
Here are six practical and realistic scenarios that can be used to demonstrate a pro-active initiative to manage business risk.
Scenario #1: Reducing the impact of cybercrime
With Information Technology (IT) playing an integral part of practically every business operation, the evolving threat landscape continues to increase risks associated with organizational assets. Using a threat modeling methodology, organizations can create a structured representation of the different ways a threat actor can go about executing attacks and how their tactics, techniques, and procedures can be used to create an impact. The output of this exercise can be put to practical use by implementing appropriate countermeasures that create potential digital evidence.
Scenario #2: Validating the impact of cybercrime or disputes
When a security incident occurs, organizations must be prepared to quantify impact. To obtain a complete and accurate view of the entire cost of an incident, both direct and indirect contributors must be included in the impact assessment. This means incorporating logs generated from different type of controls (e.g. preventive, detective, corrective) or the overhead cost of managing the incident (e.g. people and technology expenses).
Scenario #3: Producing evidence to support organizational disciplinary issues
A Business Code of Conduct document promotes a positive work environment that, when signed, strengthens the confidence of employees and stakeholders by establishing an accepted level of professional and ethical workplace behavior. When the guidelines set out in this document have been violated, employees can be subject to disciplinary actions. Where disciplinary actions escalate into a legal problem, organizations must approach the situation fairly and reasonably by gathering and processing credible digital evidence.
Scenario #4: Demonstrating compliance with regulatory or legal requirements
Compliance is not a one-size-fits-all process. It is driven by factors such as an organizations industry (e.g. financial services) or the countries where business is conducted (e.g. Canada). Evidence documenting that compliance standards are met must be specific to the requirements of both the regulation or law, and the jurisdiction.
Scenario #5: Effectively managing the release of court-ordered data
Regardless of how diligent an organization is, there will always be a time when a dispute ends up before a court of law. With adequate preparation, routine follow-ups, and a thorough understanding of what is considered reasonable in a court of law, organizations can effectively manage this risk by maintaining the admissibility of electronically stored information (ESI), such as the requirements described within the U.S. Federal Rules of Evidence. Ensuring compliance with these requirements demands that organizations implement safeguards, precautions, and controls to ensure their ESI is admissible in court and that it is authenticated to its original source.
Scenario #6: Supporting contractual and/or commercial agreements
From time to time, organizations are faced with disagreements that extend beyond disputes that involve employees. With the majority of today’s business interactions conducted electronically, organizations must ensure they capture and electronically preserve critical metadata about their third-party agreements. This would include details about the terms and conditions or the date the agreement was co-signed. Contract management system can be used to standardize and preserve metadata needed to provide sufficient grounds for supporting a dispute.
By following a reactive approach to digital forensic investigations, organizations foster a perception that they lack is initiative for managing risk. Conversely, when organizations implement strategies to proactively gather potential sources of digital evidence in support of the business risk scenarios, they showcase their ability to effectively manage risk.
This article was sourced from the forthcoming book by Jason Sachowski, “Implementing Digital Forensic Readiness: From Reactive To Proactive Process,” available now at the Elsevier Store and other online retailers.