Study on the standard components of digital forensics laboratory

Recently, digital forensics has become increasingly important as it is used by investigation agencies, corporate, and private sector. To supplement the limitations of evidence capacity and be recognized in court, it is essential to establish an environment that ensures the integrity of the entire process ranging from collecting and analyzing to submitting digital evidence to court. In this study, common elements were extracted by comparing and analyzing ISO/IEC 17025, 27001 standards and Interpol and Council of Europe (CoE) guidelines to derive the necessary components for building a digital forensic laboratory. Subsequently, based on 21 digital forensic experts in the field, Delphi survey and verifications were conducted in three rounds. As a result, 40 components from seven areas were derived. The research results are based on the establishment, operation, management, and authentication of a digital forensics laboratory suitable for the domestic environment, with added credibility through collection of the opinions of 21 experts in the field of digital forensics in Korea. This study can be referred to in establishing digital forensic laboratories in national, public, and private digital forensic organizations as well as for employing as competency measurement criteria in courts to evaluate the reliability of the analysis results.     

Electronic evidence in the blockchain era: New rules on authenticity and integrity

Issues regarding the authenticity and integrity of electronic evidence have plagued judges worldwide. From a statistical viewpoint, the main cause of the judicial puzzle in dealing with electronic evidence lies in its special physical properties and judges' lack of necessary expertise. With its technical development and widespread application, blockchain technology is showing significant power and is gradually supplanting judges and expert witnesses, who have played a central role in the identification of electronic evidence's authenticity and integrity. In two recent cases, Chinese courts have confirmed for the first time that electronic data stored on or generated by blockchain met the requirements of authenticity and integrity and proposed a specific procedural test to identify blockchain evidence. Although blockchain technology may revolutionise the rules of evidence, it contains inherent risks. Its application in electronic evidence may also indicate the fusion between decentralised technology and the traditional, centralised juridical mechanisms.     

Forensic integrity verification of video recordings based on MTS files

Digital video is used in criminal trials as evidence with legal responsibility because video content vividly depicts events occurring at a crime scene. However, using sophisticated video editing software, assailants can easily manipulate visible clues for their own benefit. Therefore, the integrity of digital video files acquired or submitted as evidence must be ensured. Forensic analysis of digital video is key to ensuring the integrity of links with individual cameras. In this study, we analyzed whether it is possible to ensure the integrity of MTS video files. Herein, we propose a method to verify the integrity of MTS files encoded by advanced video coding high definition (AVCHD), which is frequently used for video recording. To verify MTS file integrity, we propose five features. Codec information, picture timing, and camera manufacture/model are modified AVI and MP4-like format video verification features. Group of pictures and Universally Unique Identifier patterns were specifically developed for MTS streams. We analyzed the features of 44 standard files recorded using all recording options of seven cameras. We checked whether integrity can be validated on unmanipulated videos recorded in various environments. In addition, we considered whether manipulated MTS files edited in video editing software could be validated. Experimental results show that all unmanipulated and manipulated MTS files with known recording devices were discriminated only when all five features were checked. These results show that the proposed method verifies the integrity of MTS files, strengthening the validity of MTS file-based evidence in trials.     

电子数据鉴定体系建设构想

电子数据鉴定工作在我国起步较晚,电子证据作为一种新型证据,由于其特有的属性,决定了证据的获取、检验、分析及展示均不同于传统证据,需要建立严密、科学规范的电子数据鉴定体系,保证电子证据的完整性、真实性及证明力。     

论诚信建设与司法鉴定保障机制

失信行为进入司法程序往往形成虚假证据、虚假陈述和虚假诉讼,对于该类失信行为的鉴别和证伪需要依赖物证鉴定、心理测试等多种司法鉴定的科学方法和手段。所以,司法鉴定工作对于诚信建设而言,是通过科学和可靠的方法揭示和惩罚不诚信行为,进而保障和促进诚信建设的积极因素。实践中应当以司法鉴定制度中鉴定公示与意见开示、规范诉前鉴定、维护鉴定活动的诚信、科学手段的更新和方法规制等方式来促进和保障诚信建设。     

电子证据固定应急解决办法

电子证据固定是电子数据司法鉴定工作的开始,同时也是后续所有鉴定工作的基础,因此,电子证据固定工作是否科学、规范、合法、完整,将直接影响整个司法鉴定工作的结论。本文阐述在电子证据固定工作中,如何使用专用设备和软件对电子介质进行证据固定,以及在缺少专用设备的情况下的应急解决办法。     

非法证据排除规则的理论分析和立法完善

非法证据排除规则的建立和健全是我国刑事诉讼法律制度逐步走向完善的标志。《关于办理刑事案件排除非法证据若干问题的规定》和《刑事诉讼法修正案草案》对非法证据排除规则做了系统规定,但是这两部法律文件中的相关规定还有待完善,我们有必要对这两部法律文件中关于非法证据排除规则的相关规定存在的缺陷和不足进行剖析,并提出《刑事诉讼法修正案草案》的完善意见。     

数字签名的技术与法律分析

数字签名的目的和作用主要是证明合同主体的真实身份、证明合同的保密性和完整性以及证明合同主体对合同的确认。而其证明力的有无及证明力的大小又是以技术作保障的,换言之,安全性是证明力的前提和基础,是法律承认其效力的基石。     

加拿大电子证据法对英美传统证据规则的突破

电子证据对传统英美证据规则的挑战主要涉及最佳证据规则、鉴证规则和传闻规则.加拿大<统一电子证据法>直接以"电子记录"和"电子记录系统"来界定电子证据,突破了传统最佳证据规则对"原件"的要求,新创设"系统完整性"标准来解决电子证据中有关最佳证据的问题,规定鉴证只需验证电子记录系统的完整性与可靠性即可,并对传闻规则中的宣誓和交叉询问作出了新的规定.中国有必要借鉴国外的先进立法经验,讨论有关电子证据的立法模式与立法内容问题.     

论证明的协调性

“协调性”所蕴含的本质特征包括:匹配性、一致性、完整闭合性和动态性方面。协调作为高级表现形式的价值理由在于协调不存在对立价值。协调是平衡诸价值的价值,即价值体系中的核心,其他价值正是通过相互协调升华为一个完整的价值体系。证据群作为证据通往事实的中间环节而存在,它构成相对于单个证据更高阶的证据层面,同时又低位于最终事实,用以解决证据组合问题的一种中介性工具。证据规则的协调性包括两个方面:一是证据规则与证明事实相协调与否;二是证据规则之间相协调与否。     

论计算机取证相关问题——现场动态分析，获取“易挥发”数字证据

由于目前计算机专业取证人员数量的不足，当前司法实践中对于现场中正处于运行状态的计算机大多采用“二步式”取证的方式来搜集数字证据。即先由侦查人员对涉案计算机实施关机分离和保全。尔后再移交专业机构进行数字证据司法鉴定。这种方式虽然保障了数字证据的原始性和证明力。但无形之中造成了存储在RAM中的“易挥发”数据以及其他形式的潜在数字证据的丢失。而计算机信息系统中的这些“易挥发数据”可以为案件的侦破提供重要线索和潜在的数字证据。因此通过对侦查人员的专业培训．实现“易挥发数据”的现场动态获取和合理保全对数字案件侦查取证意义重大。     

Forensic laboratory work in Burma (with special reference to the Office of the Chemical Examiner, Burma)

Burma is a country in Southeast Asia which is slightly smaller than Texas and has a population of 30 million people. The British colonial era brought the Chemical Examiner's laboratory to Burma. This was an all-purpose analytic laboratory. The forensic laboratory evolved within this structure as the need arose. The Medico-legal Division of this laboratory examined trace evidence, drugs, and body fluids of felons and there victims. Various aspects of investigation are discussed.     

论电子数据提取笔录的属性与适用

电子数据的获取程序是否规范直接影响电子数据真实性的认定。电子数据提取笔录由于能够客观反映电子数据获取的过程而成为对电子数据进行鉴真的重要依据,它既能够连接电子数据与案件事实,又反映了取证过程的合法性和保管链条的完整性。从属性上看,电子数据提取笔录具有独立的证据属性,它不仅有别于物证、书证和证人证言,而且有别于其他笔录类证据。对电子数据提取笔录的证据资格和证明力的判断也具有特殊性。当前,可通过同步录音录像、引入外部监督、明确制作人员义务等方式规范电子数据提取笔录的适用。     

Frozen human bone: a microscopic investigation

The taphonomic effects of prolonged extreme cold and freezing on human bone have received little research attention. Questions of specific interest include whether previously frozen bone can be identified and whether freezing alters the structural integrity enough to prevent histological aging. There is no evidence from previous studies that freezing damages the structural integrity, and to date no research investigating the freezing process on bone microstructure has been undertaken. This research attempts to distinguish histologically previously frozen bone from nonfrozen bone by identifying patterned defects. To determine the effects of freezing in bone microstructure using light and scanning electron microscopy (SEM), several human bone sections were subjected to prolonged freezing and allowed to thaw before thin sectioning. Light microscopy failed to demonstrate statistically significant differences between frozen and nonfrozen specimens. SEM analysis revealed fractures, although these lacked pattern and did not occur systematically throughout the section. Evidence of microstructural changes caused by liquid expansion, however, was remarkable but did not alter the structural integrity of the microstructure. The results of this study suggest that freezing does not alter the process of histomorphological analysis.     

The Challenge of Institutional Integrity in Responsive Regulation: Field Inspections by the Australian Taxation Office

Based on responsive regulation, the Australian Taxation Office (ATO) Compliance Model was developed as a way of dealing with the complexities of the Australian tax system. This article demonstrates some of the challenges that come with introducing responsive regulation into a bureaucracy such as the ATO. Selznick's ideas of institutional integrity provide a conceptual framework that allows the regulatory agency engaged in responsive regulation to emphasize voluntary compliance and the building of positive relationships with the regulatee, while simultaneously ensuring that non-compliance is both detected and dealt with. Using evidence from a qualitative study of ATO "walk-ins" with used car dealers, the article demonstrates the unintended consequences that can occur without institutional integrity both at the level of design and at the level of everyday ATO field-officer practices.     

Integrity,culture, and scale: an empirical test of the big bad police agency

Building on Klockars et. al. (2000) analysis of survey data on police agency integrity, this analysis develops an economic model of police corruption within police agencies. Empirical estimates of the economic model are consistent with Klockars et. al. (2000) in that there is no evidence to support the traditional theory that police agency corruption is attributable to the “individual bad-apple.” Independent of other factors, the present analysis shows that police culture fosters corruption. Furthermore, the present analysis shows that incentive structures within police agencies increase the problem of corruption as the scale of police agency operation increases. Policies that would promote higher levels of integrity are considered.     

Improper sealing caused by the Styrofoam integrity seals in leakproof plastic bottles lead to significant loss of ethanol in frozen evidentiary urine samples

Evidentiary urine samples (n = 345) stored frozen at -20 degrees C in their original containers (leakproof 100 mL plastic bottles) upon retesting for ethanol resulted in concentrations that were significantly lower (average loss = approximately 30%) than those prior to their storage at -20 degrees C (p < or = 0.0001). The observed loss of ethanol was independent of the method of thawing or the concentration of ethanol in the samples, but was dependent on the sample volume in the container, i.e., the larger the volume of sample the larger the magnitude of ethanol loss. The loss of ethanol was determined to be due to improper sealing by a Styrofoam integrity seal attached to the mouth of the container. Accordingly, adopting leakproof plastic containers that do not contain Styrofoam integrity seals, but rather an outside and across the cap tape integrity seal for evidence collection and long-term storage, will prevent loss of ethanol due to evaporation.     

The identification investigation of the material evidence of biological origin after multifactorial exposure

The possibility of investigating pieces of material evidence of biological origin after exposure to various factors is evaluated. The possibility of detecting proteins of liquid media of human organism by electrophoresis in polyacrylamide denatured gel is investigated. The method is intended for identification of biological material in a state of grave destruction. Methodology of such studies is proposed. The data indicate that the structural integrity and qualitative composition of the spectrum of main serum proteins are retained after combined exposure to damaging factors and complete destruction of blood cells.     

Assessing a novel room temperature DNA storage medium for forensic biological samples

The ability to properly collect, analyze and preserve biological stains is important to preserving the integrity of forensic evidence. Stabilization of intact biological evidence in cells and the DNA extracts from them is particularly important since testing is generally not performed immediately following collection. Furthermore, retesting of stored DNA samples may be needed in casework for replicate testing, confirmation of results, and to accommodate future testing with new technologies.A novel room temperature DNA storage medium, SampleMatrix™ (SM; Biomatrica, Inc., San Diego, CA), was evaluated for stabilizing and protecting samples. Human genomic DNA samples at varying amounts (0.0625-200 ng) were stored dry in SM for 1 day to 1 year under varying conditions that included a typical ambient laboratory environment and also through successive freeze-thaw cycles (3 cycles). In addition, spiking of 1-4× SM into samples prior to analysis was performed to determine any inhibitory effects of SM. Quantification of recovered DNA following storage was determined by quantitative PCR or by agarose gel electrophoresis, and evaluation of quantitative peak height results from multiplex short tandem repeat (STR) analyses were performed to assess the efficacy of SM for preserving DNA.Results indicate no substantial differences between the quality of samples stored frozen in liquid and those samples maintained dry at ambient temperatures protected in SM. For long-term storage and the storage of low concentration samples, SM provided a significant advantage over freezer storage through higher DNA recovery. No detectable inhibition of amplification was observed at the recommended SM concentration and complete profiles were obtained from genomic DNA samples even in the presence of higher than recommended concentrations of the SM storage medium. The ability to stabilize and protect DNA from degradation at ambient temperatures for extended time periods could have tremendous impact in simplifying and improving sample storage conditions and requirements. The current work focuses on forensics analysis; however this technology is applicable to all endeavors requiring storage of DNA.     

检察机关提出量刑建议的合理模式——以职务犯罪案件为视角

近年来,职务犯罪案件出现了量刑失衡的现象,这与我国现阶段量刑程序中存在问题有着密切的关系。理论界和司法实务界在规范量刑程序,限制法官的自由裁量权方面进行了有益地尝试。在职务犯罪刑事诉讼中,保证控辩双方掌握证据的完整性,加强控辩双方之间对抗性是检察机关提出合理量刑建议的重要因素。