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Digital Evidence, Digital
Investigations and E-Disclosure:
A Guide to Forensic Readiness for
Organisations, Security Advisers and
Lawyers
Peter Sommer
Third Edition
Version 3.0 Mar 2012
www.iaac.org.uk
The Information Assurance Advisory Council (IAAC) is a private sector led, cross-
industry forum dedicated to promoting a safe and secure Information Society. IAAC
brings together corporate leaders, public policy makers, law enforcement and the
research community to address the security challenges of the Information Age.
IAAC is engaged with Government and corporate leaders at the highest levels; it
produces innovative policy advice based on professional analysis and global best
practice.
Corporate Sponsors
Government Liaison Panel
Digital Evidence, Digital Investigation and E-Disclosure: A Guide to Forensic Readiness
Page 2
Disclaimer
IAAC’s recommendations do not necessarily represent the views of all of its members or
sponsors, whether private sector or Government. Strategic interaction with Government is
through a Government Liaison Panel.
Digital Evidence, Digital Investigation and E-Disclosure: A Guide to Forensic Readiness
Page 3
Foreword
When confronted by a corporate “incident” that requires
investigation, a surprising number of competing demands
soon make themselves apparent. Owners, directors, and
managers need to understand and explain to all employees
that knowledge and data are key business assets, to be
developed and protected accordingly. They need to
understand the key strategic and management issues, the
extent and nature of their obligations and the implications,
in terms of resources and processes. The guide draws key
lessons from conventional disaster recovery situations,
pointing out that main boards should maintain supervision,
ensuring adequacy of reporting, having delegated action to
a specialist team. The detailed role of senior management is set out.
This Guide is a timely update of Peter Sommer’s original report, first published in
2005. The report highlights the major data losses in government departments in 2007
and 2008. These losses were largely attributable to a lack of understanding and
inadequate leadership and management from board level down to individual business
units. But data losses were not limited to government departments alone. Private
sector enterprises suffered equally damaging losses.
The guide takes account of amendments to law, placing measures requiring businesses
to assist law enforcement agencies in the handling of encrypted material; extensions
to the law involving pornographic material; and changes covering disclosure of
documents in electronic form.
Peter Sommer identifies the need for a Forensic Readiness Plan, closely related to a
Disaster Recovery Plan. He highlights the importance of enterprises having sound
plans to identify, collect and preserve digital evidence in forms that will prove robust
against testing in legal proceedings. With this groundwork, he judges that directors
and senior managers should be able to develop a corporate plan of action that meets
the specific needs of their organisation.
This is a well-researched, thorough and well set out report, which merits careful study
in order to enable appropriate leadership, management and governance measures to be
taken by enlightened boards.
Sir Edmund Burton
Chairman, Information Assurance Advisory Council
Digital Evidence, Digital Investigation and E-Disclosure: A Guide to Forensic Readiness
Page 4
About the Author
Peter Sommer (
peter@pmsommer.com
) carried out his first
digital investigation in 1985, a suspected internal fraud in a
financial institution. Since 1995 he has frequently appeared as an
expert witness in many leading criminal and civil trials involving
complex computer evidence. Casework has included charges of
high-value fraud, industrial espionage, defamation, theft of
intellectual property, software counterfeiting and piracy, disputes
over software ownership, regulatory disputes, solicitors’
disciplinary proceedings, global computer misuse, large-scale
distribution of paedophile material, multiple murder, narcotics
trafficking, terrorism, “phishing”, sale of counterfeit artwork,
theft of trade secrets, defamation and state corruption.
His first degree was in law; in the course of a long professional career he has carried
out many non-litigious post-incident investigations and acted as risk analyst for
leading insurers and loss adjusters.
For seventeen years he taught at the London School of Economics, helping develop its
social science-orientated approach to information assurance. He ended up as a
Visiting Professor. He is currently a Visiting Reader, Faculty of Mathematics,
Computing and Technology, Open University where he is course consultant on their
Forensic Computing and Investigations course.
His research and public policy work has concentrated in two principal areas: the
reliability of digital evidence and international cyber security policy. He was the joint
lead assessor for the digital forensics speciality in the Home Office-sponsored Council
for the Registration of Forensic Practitioners and currently advises the Forensic
Science Regulator. He is the co-author of the 2011 OECD study
Reducing Systemic
Cyber Security Risk.
Peter Sommer frequently appears in television and in the print
media as a pundit on cyber security issues, is former Parliamentary Specialist
Advisor, gives evidence to Select Committees and sits on a number of Whitehall
Advisory Panels.
www.pmsommer.com
Disclaimer
This publication is intended to provide a general overview of the issues and to
indicate sources of further information. The advice tendered should only be used
together with analyses specific to individual organizations and as part of a broader
management strategy. References to the law should not be taken to be legal advice.
Neither Peter Sommer nor the Information Assurance Advisory Council will accept
responsibility for any losses or damages incurred as a result of use of material
contained in this publication.
Digital Evidence, Digital Investigation and E-Disclosure: A Guide to Forensic Readiness
Page 5
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