COMPUTER CRIME INVESTIGATION & COMPUTER FORENSICS

AKASH KAMAL MISHRA

No.8, 3rd Cross Street,CIT Colony, Mylapore, Chennai, Tamil Nadu-600004 Copyright © Akash Kamal Mishra All Rights Reserved. ISBN 978-1-64951-903-0 This book has been published with all efforts taken to make the material error-free after the consent of the author. However, the author and the publisher do not assume and hereby disclaim any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident, or any other cause. While every effort has been made to avoid any mistake or omission, this publication is being sold on the condition and understanding that neither the author nor the publishers or printers would be liable in any manner to any person by reason of any mistake or omission in this publication or for any action taken or omitted to be taken or advice rendered or accepted on the basis of this work. For any defect in printing or binding the publishers will be liable only to replace the defective copy by another copy of this work then available.

Dedicated to ALL NETIZENS & CYBER LAW ASPIRANTS

Contents About Author

vii

Preface

ix

1. Pc Crimes

1

2. Civil Law

6

3. Insurance

8

4. Rules Of Evidence

9

5. Rules

12

6. Chain Of Evidence

16

7. Conducting Computer Crime Investigation

22

8. Executing The Plan

40

9. Surveillance

45

10. Steganography

59

11. Summary

64

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About Author Akash Kamal Mishra is the young technology safety speaker, lawyer, and author who authored many books related to cyber safety, computer-related crimes with their safety features, and so on. His some of the books are st entitled as follows 1 book on An Overview on Cyber Crime nd & Security, Volume – I, 2 book on Digital Signature – The rd Need of Cashless Society 3 on Uniform Civil Code: One th Nation One Law 4 on Cyber Laws In India – Fathoming th Your Lawful Perplex 5 on India’s International Relations th 6 on Computer Crime Investigation & Computer Forensics th th 7 on Media Laws In India 8 on Intellectual Property th Rights In Cyberspace 9 on Constitutional Law of India: Dispenser of India’s Destiny and there are many more to come. He has completed his law from the very renowned law college of Madhya Pradesh in the year 2018. Being an author he has been awarded by many worldfamous luminaries and has been recognized as the cyber expert in very shortage. His book “An Overview On Cyber Crime & Security, Volume – I’ is included in the revised syllabus of the Board of Studies in Banking & Finance, the University of Mumbai for B.Com.(Banking & Insurance) II-Year,[III-IV Semester], B.com. (Investment Management) II – Year, [IV Semester], and also referred by many renowned Institutes of Mumbai. Also, he has been awarded as Young writer 2016, District Icon Award 2016, by the cybersecurity expert of India, Ex. – Inspector-General of Police, Indore now Additional Director General of Police, Indore and also the prestigious Digital India Award – Silver recognition from ● vii ●

ABOUT AUTHOR

Ministry of Information Technology Government of India. He has been awarded by The Indian Awaz with the award of 100 Inspiring Authors of India, at Kolkata, and received Special Mention at the University of Allahabad (Prayagraj), Uttar Pradesh, India. He has completed his diploma in Certified Information Security Engineer, Certified Ethical Hacker from ECCouncil. He has been registered as the Distinguished Member –International Council of Jurists, London, United Kingdom, and Member – Young International Council for Commercial Arbitration, Hague, Netherlands. Akash Kamal Mishra started working for seminars on cyber safety and had taken 110+ Seminars on Cyber Safety within an association of Indore Administrative Department, Indore, and many other institutes as well as the private organization and had interacted with 30,000+ Students of various cities. Akash Kamal Mishra started central India’s first Law firm CYBERTALKINDIA in the year 2018 which is purely meant for the protection and awareness of cyber law and security moreover the firm provides various types of opportunities as well as the certification course to netizens.

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Preface Occurrences of PC related wrongdoing and broadcast communications extortion have expanded significantly. Be that as it may, in view of the elusive idea of this wrongdoing, there have been not very many arraignments and even fewer feelings. The new innovation that has taken into consideration the headway and robotization of numerous business forms has additionally opened the way to numerous new types of PC manhandle. Albeit some of these framework assaults simply utilize contemporary techniques to carry out more established, more natural kinds of wrongdoing, others include the utilization of totally new types of criminal activity that advanced alongside the innovation. PC wrongdoing examination and PC crime scene investigation are additionally developing sciences that are influenced by numerous outside elements, for an example proceeded with progressions in innovation, societal issues, and lawful issues. Numerous hazy areas should be dealt with and tried through the courts. Until that point, the framework assailants will have a favorable position, and PC mishandle will keep on increasing. PC security experts must know about the bunch innovative and legitimate issues that influence frameworks and clients, incorporating issues managing examinations and requirement. ~Author

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ONE

PC Crimes As per the American Heritage Dictionary, wrongdoing is any demonstration conferred or excluded infringing upon the law. This definition causes a confounding issue for law requirement when managing a PC related wrongdoing since quite a bit of the present PC related wrongdoing is without infringement of any formal law. This may appear to be an opposing proclamation, however customary criminal statutes in many states have just been altered throughout the years to mirror the hypothesis of presentday criminal equity. These laws, for the most part, imagine applications to circumstances including customary sorts of criminal activity, for example, robbery, burglary, and misrepresentation. Lamentably, the cutting- edge criminal has kept pace with the immense progressions in innovation and has discovered approaches by applying such developments in the PC to his criminal endeavors. Unwittingly and most likely unexpectedly, he or she has likewise uncovered the challenges in applying more established conventional laws to circumstances including PC related wrongdoings.

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COMPUTER CRIME INVESTIGATION & COMPUTER FORENSICS

In 1979, the Department of Justice built up a definition for PC wrongdoing, expressing that a PC wrongdoing is an illicit represent which learning of PC innovation is fundamental for its execution, examination, or indictment. This definition was excessively wide and has since been additionally refined by new or adjusted state and government criminal statutes. The criminal law distinguishes wrongdoing just like a wrong against society. Regardless of whether an individual is exploited, under the law society is the casualty. A conviction under criminal law typically brings about a prison term or probation for the respondent. It could likewise bring about a monetary honor to the casualty as compensation for the wrongdoing. The primary reason for arraigning under criminal law is a discipline for the wrongdoer. This discipline is likewise intended to fill in as an impediment against future wrongdoing. The impediment part of discipline just works if the discipline is sufficiently extreme to dishearten the promotion of criminal movement. This is positively not the situation in the U.S., where not very many PC crooks ever go to imprison. In different zones of the world, exceptionally solid hindrances exist. For instance, in China in 1995, a PC programmer was executed in the wake of being discovered liable for stealing $200,000 from a national bank. This absolutely will have a discouraging an incentive for different programmers in China. To be discovered liable for a criminal offense under criminal law the jury must accept, pass a sensible uncertainty, that the wrongdoer is liable for the offense. The absence of specialized ability, joined with the numerous confounding inquiries postured by the barrier lawyer, may cause questions for some jury individuals, ●2●

AKASH KAMAL MISHRA

hence rendering a not blameworthy choice. The main here and now answer for this issue is to give the basic declaration in laymen’s terms and to utilize decisive confirmation at whatever point conceivable. Indeed, even with this, it will be troublesome for some, juries to restore a liable decision. Criminal direct is separated into two orders relying upon seriousness. A lawful offense is the more genuine of the two, ordinarily bringing about a correctional facility term of over one year. Misdeeds are typically culpable by a fine or a correctional facility sentence of not as much as a year. It is imperative to comprehend that to deflect future assaults, stricter condemning must be looked for, which just happens under the felonious order. The kind of assault or the aggregate dollar misfortune has an immediate relationship to the wrongdoing arrangement. Criminal law falls under two primary purviews: government and state. Despite the fact that there are plenty of government and state statutes that might be utilized against customary criminal offenses, and despite the fact that a significant number of these same statutes might be connected to PC related wrongdoings with some measure of achievement, plainly numerous cases neglect to achieve indictment or neglect to bring about the conviction on account of the holes that exist in the elected criminal code and the individual state criminal statutes. Along these lines, relatively every state, alongside the central government, have embraced new laws particular to PC related misuse. These new laws, which have been reimagined throughout the years to stay up to date with the consistent changes in the mechanical gathering, have been subjected to an abundant measure of examination because of numerous social issues that have been influenced by the ●3●

COMPUTER CRIME INVESTIGATION & COMPUTER FORENSICS

multiplication of PCs in the public arena. Some of these issues, for example, protection, copyright encroachment, and programming possession are yet to be settled. More changes to the present gathering of laws can be normal. A portion of the PC related violations that are tended to by the new state and government laws are: • • • • • • • • • • • • • • • •

Unauthorized get to. Exceed approved access. Intellectual property robbery or abuse of data. Pornography. Theft of administrations. Forgery. Property robbery (e.g., PC equipment and chips). Invasion of security. Denial of administrations. Computer extortion. Viruses. Sabotage (i.e., information adjustment or noxious decimation). Extortion. Embezzlement. Espionage. Terrorism.

Everything except one state, Vermont, has made or changed laws particularly to manage PC related wrongdoing; 25 states have established particular PC wrongdoing statutes, and the other 24 states have simply altered their customary criminal statutes to go up against PC wrongdoing issues. Vermont has reported enactment under Bill H.0555 that arrangements with the burglary of PC administrations. The components of confirmation, ●4●

AKASH KAMAL MISHRA

which characterize the premise of the criminal movement, change from state to state. Security professionals ought to be completely discerning of their state laws, particularly the components of evidence. What’s more, conventional criminal statutes, for example, burglary, misrepresentation, coercion, and theft, can at present be utilized to indict PC wrongdoing. Similarly, as there have been plenteous new enactment at the state level, there have likewise been numerous new government strategies, for example, the Electronic Communications Privacy Act and the Computer Fraud and Abuse Act of 1986. They have been set up to bargain accurately with PC and broadcast communications mishandle at the government level. Also, numerous alterations and updates have been made to the Federal Criminal Code, Section1030, to manage an assortment of PC related misuse. Despite the fact that these new laws have been received for use in the indictment of a PC related offense, a portion of the more seasoned, demonstrated government laws examined later in this article offer an easier case to present to judges and juries: • • • •

Wire misrepresentation. Mail misrepresentation. Interstate transportation of stolen property. Racketeer impacted and degenerate associations (RICO) *****

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