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 EVIDENCE RECOVERY: STEPS TO PRESERVE (OR DESTROY) ELECTRONIC EVIDENCE

Preservation of electronic evidence is critical and the PC or other media should be treated similar to a crime scene. Depending on numerous factors, electronic evidence can be very perishable, or can last for years. The key to the success of electronic discovery and forensic examinations is to gain access to (or preserve the integrity of) the target media as quickly as possible. PCs should not be powered up or used until it's data can be imaged by a forensic examiner. Relevant target media includes not only PC hard drives, but other types of storage media including tape backups and archives, floppy diskettes, PDAs (personal digital assistants such as Palms) and other removable electronic media.

Recently we have observed an increase in the types of actions that can impact the integrity and availability of electronic evidence including:

  1. the use of data compression, disk de-fragmentation and optimization programs
  2. the downloading or transfer of large files (such as .JPG pictures) which rapidly overwrite data in unused clusters
  3. the use of programs that overwrite sectors with a string of 0’s, such as Norton Utilities’ Wipe-Info
  4. the reuse of back-up tapes
  5. installing new software applications
  6. low level formats, operating system formats, partitioning formats, etc.
  7. deleting of temporary Internet files, browser history and cookies
  8. changing of the time clock on the computer.

All of the steps taken above will destroy potentially recoverable evidence, and a number of the steps above could wipe the drive clean. Any of the steps above could alter, delete or modify recoverable evidence.