Forensics Journal - Stevenson University 2011 | Page 30

STEVENSON UNIVERSITY Computer Forensics and Child Pornography Investigations Danielle Sutton Computer forensics can be utilized in a wide variety of ways to investigate computer crimes, resulting in innovative investigative and prosecutorial issues due to the unique attributes of computers. The growth of the information age and the internet has led to a dramatic increase in internet usage by child pornographers, making it easier to create, access, and distribute child pornography using digital media. Child pornography cases can be difficult to investigate; however, computer forensics plays a key role by assisting in the successful prosecution of perpetrators as well as protecting those wrongly accused of creating, accessing and distributing child pornography. Various sources report that at least 80% of all computer crime cases involve child pornography (Wells et. al., 269). “Child pornography is prohibited by federal statutes, which provide for civil and criminal penalties for its production, advertising, possession, receipt, distribution, and sale.2 Defined by statute as the visual depiction of a minor–a person less than 18 years of age–engaged in sexually explicit conduct,3 child pornography is unprotected by the First Amendment, as it is intrinsically related to the sexual abuse of children.” Computer forensics is used to preserve and extract the electronic data found in server logs or on the hard drives of the confiscated computers. Every entry on a computer is captured in the server log or hard drive like a piece of a puzzle; the forensic investigator’s job is to connect the pieces to solve the puzzle. Forensic investigators specialize in recovering, analyzing, and presenting data from computers for use in investigations or as evidence. The forensic investigator’s duties entail “confiscating computers, determining the details of intrusions into computer systems, recovering data from encrypted or erased files, and recovering e-mails and deleted passwords.”4 Investigators use both traditional and undercover tactics to investigate child pornography cases. According to Liberatore, Levine, & Shields (2010), the forensic investigator is used to link observed criminal behavior on the network with evidence of that behavior on a specific machine. Child pornographers no longer use print photographs, videotapes, and magazines as their preferred mode to distribute child pornography images. The internet has become their primary means for communicating and sharing illicit images. Child pornographers’ distribution methods have become more sophisticated; therefore, law enforcement personnel and investigators have had to become more knowledgeable and adept in the field of computer forensics. Computer forensics is the merger of two distinct and complementary disciplines, law and computer science. This combination affordes investigators the opportunities to collect and examine data from computer systems, networks, wireless communications and storage devices in such a way as to produce admissible evidence in a court of law.1 As defined by Ty E. Howard (2004), Assistant District Attorney, Chester County District Attorney’s Office, computer forensics is the study of computers and computer-related media for evidence of criminal activity. Computer forensics investigations are generally conducted to learn more information and to obtain electronic evidence from computers since the internet is commonly used for criminal activity. Computer forensics investigations retrieve data that criminals mistakenly believe they have deleted from their computer. According to Dr. Louise Shelley (1998), Professor in the Department of Justice, Law, and Society at the School of International Service at American University, and founder and Director of the Transnational Crime and Corruption Center (TraCCC): The internet provides a wide variety of opportunities for those who trade and distribute pornography to interact. This activity includes e-mail, websites, internet relay chat, file transfer protocol sites, usenet, electronic bulletin boards, online services and other forms of technology such as listserv and iphone. Criminal investigations reveal that these forms of electronic communication have been exploited by those who traffic child pornography. The internet has opened up new opportunities for gathering evidence and data collection in sex crimes that occur via the World Wide Web. When files are deleted, computers do not actually delete any contents; rather, computers delete the directory of the files. Until the data is actually overwritten by other data, investigators can still locate the information to solve crimes. Internet browsing activities can be also traced by review of cache, which saves information regarding websites that users visit with the computers (Sassinsky, 2002). 1 http://www.us-cert.gov/reading_room/forensics.pdf 2 See chapter 110 of Title 18, United States Code. See 18 U.S.C. §2256(8). Actual or simulated sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; bestiality; masturbation; sadistic or masochistic abuse; or lascivious exhibition of the genitals or pubic area of any person. 3 4 http://www.bls.gov/oco/ocos157.html 28