"They work well, but the problem comes in when trying to get evidence admitted into court," he says. The court classifies digital forensics data as scientific evidence, meaning it must meet the requirements set by the long-held Daubert and Frye rulings for scientific evidence. "To get scientific evidence admitted into court, you have to be declared an expert witness and the tool you use must be accepted by the industry," Fazio says. "That tool has to be available to the public for reliability testing."
Departments entering the higher level of digital forensics capabilities, such as Bloomington, will want to use one of two primary tools: Guidance Software's EnCase Forensic or AccessData's Forensic Toolkit (FTK). "If you use these, the defense attorney can no longer challenge the reliability of the software because it's been accepted by the courts," Fazio says.
Both AccessData and Guidance Software also offer triage tools for computers at a price point smaller departments can afford. AccessData's AD Triage enables on-scene preview and safe acquisition of computers that are live or shut down. EnCase Portable is delivered on a USB device that allows officers to quickly and easily triage and collect digital evidence in a forensically sound manner. Dell's Mobile Digital Forensics solution also enables field data collection. It utilizes Dell Latitude F6400 XFR rugged laptops, running SPEKTOR forensic intelligence software from Evidence Talks. Like the AccessData and Guidance Software mobile solutions, this system can identify and pull data from desktop computers, laptops, and portable devices.
"With a triage-type system, agents can prepare before they even go on site and say, 'I want to look for e-mails, pornographic images, or whatever,' and as soon as they show up on site, they can plug the tool in and it will automatically search for this data with little intervention," says Mical.
The advantage of using triage tools is time. "Before, computer forensics was a very serial process that progressed one step at a time," says Suresh Sundarababu, Dell global solutions manager. "If they had three terabytes of data it would take weeks to process." Triage products look for and find specific data in minutes.[PAGEBREAK]