The two-edged sword: Legal computer forensics and open source
Monday April 11, 2005 (08:48 PM GMT)
By: Bruce Byfield
http://software.newsforge.com/article.pl?sid=05/04/05/2052235&from=rss
 
Ryan Purita of Totally Connected Security is one of the leading computer
forensic experts in private practice in Canada. He is a Certified
Information Systems Security Professional, holding one of the most advanced
security qualifications in the world. Working for both the prosecution and
the defence in legal cases, Purita has also taught computer security to law
enforcement agencies, probation officers and social workers, and is
currently developing programs for the Justice Institute of British Columbia.
Much of his daily work is an extension of a system administrator's
activities. A good part of it involves the advanced use of open source
tools, including several standard system tools. His work methods offer fresh
perspectives on security, privacy issues and the relative merits of Windows
and GNU/Linux -- to say nothing of a niche industry where open source is
more than holding its own.

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"Computer forensics" is a term that is usually applied to an investigation
after a system has been cracked. And, in fact, Purita's work does sometimes
fall under this definition. However, the term is also used more narrowly to
define investigations that find evidence for legal purposes. Illegal
possession of trade secrets, intellectual property or child pornography, the
dismissal of employees, divorce, insurance fraud, insider trading,
counterfeiting, criminal or sexual harassment -- any of these could require
a forensic investigation of a hard drive, removable media, or network.

Although open source tools are not the only ones available for computer
forensics, they are among the most widely used. A GNU/Linux enthusiast,
Purita often prefers the open source tools. However, he frequently uses
proprietary ones as well. The proprietary tools, he explains, are "pretty,"
with better developed GUIs that are easier for clients to understand.
Moreover, the precedence for accepting their evidence in court is well
established although, increasingly, their open source equivalents are not
far behind.

According to Purita, the most widely used piece of forensic software is
EnCase, a proprietary Windows program. Purita describes Encase as "the most
court-validated software on earth," noting that evidence produced by Encase
has been used over 2700 times in court. A close second is The Coroner's
Toolkit (TCT), an open source project from Dan Farmer and Wietse Venema, the
co-developers of Satan. Another widely used program is SMART, a proprietary
GNU/Linux program. All these programs have roughly similar functionality.

Securing the File System

In order for results to hold up in court, the file system under
investigation must remain unaltered. If a single file has a time stamp later
than the date and time that the file system was surrendered as evidence, an
opposing lawyer can call the entire investigation into question. "You screw
one little thing up," Purita explains, "and everything else is gone" in the
case.

For this reason, Purita's first efforts are to ensure the integrity of the
original medium. Physically, that can mean working in a locked room if a
case is sensitive, such as an allegation of possession of child pornography.
When working with a hard drive, it means attaching a Write-Blocker such as
Firefly before attaching the drive to a computer. The Write-Blocker has the
added benefit of keeping any logic bombs in a disc-wiping program from being
activated when the system is turned off.

As an added precaution, Purita may access a file system via GNU/Linux.
"Windows," he notes, "will always try to interfer with everything," adding a
recycling bin and other features. By contrast, on a GNU/Linux system, he can
control when and how the the file system is mounted, providing an additional
safeguard against writing to the drive.

Finally, Purita copies a disk image of a file system to CDs or DVDs. If the
forensic software he is using does not have an imaging tool, he uses dd
instead. The original drive is then placed in a company safe until the case
is over or it is surrendered to a search warrant. Purita then works from the
copy, accessing the original only if an additional copy is needed.

Conducting an Investigation

No matter what forensic software is used, an investigation comes down to a
series of searches through the files and wiped space for evidence. Sometimes
Purita is given clues in the form of key words and names, a date, or a type
of file. At other times, he may have only a general sense of what he is
looking for and the type of file in which it might be found -- an email or
office program file, for example.

Some forensic programs, such as EnCase, come with a wide variety of
file-type searches already defined by extensions. They include extensions
used by many open source formats, including OpenOffice.org. However, Purita
cannot always rely on these pre-defined search scripts. Changing a Windows
file extension is a common way to hide files, and extensions are not used on
UNIX-like systems to the same extent as they are on Windows.

Instead, Purita may search for file headers and footers using grep tools and
a full range of regular expressions. In general, these searches are far more
reliable than ones based on file extensions. Even EnCase relies on a Windows
version of grep, providing a functional GUI for adding regular expressions.

An even more reliable search item is digital signatures retrieved using md5.
According to Purita, databases of md5 signatures are maintained by the
National Institute of Science of Technology "for everything from child porn
to hacking tools to counterfeiting software." By comparing the results of
the investigation against these databases, Purita can quickly narrow the
focus of his search. This comparison is especially easy with TCT, which can
write a complete log of all the digital signatures on a file system.

Context can also play a role in an investigation. For example, Purita may
know from preliminary statements that a particular witness claims she only
uses her home computer to work on spreadsheets. If he finds that an e-mail
in which her company's trade secrets are given away was sent a couple of
minutes after a spreadsheet was closed, then he has established the
possibility that the witness might have sent the email. The connection is
tenuous, but further questioning from a law enforcement officer or
cross-examination from a lawyer may produce additional proof or even a
confession.

To establish such context-based evidence, Purita relies on ordinary file
information and logs, as well as meta-tags used by HTML and office program
files and even keys in the Windows registry. Purita points out that both
Windows and MS Office record far more information about users' activities
than most people realize. Unless a firewall is in place, Windows XP even
records and transmits information about the searches conducted and help
files accessed. While Purita wonders why this information is collected, he
concedes that it makes forensic investigations far easier on Windows than on
GNU/Linux.

Unsurprisingly, the time for an investigation varies wildly. The size of the
file system, the scope of the investigation, and the clues provided are the
main variables. Some of Purita's investigations have taken less than an
hour. Others have taken over 500 hours. On networks, the required time is
kept reasonable by searching for only key computers or usernames rather than
the entire system. In most cases, Purita will only expand network searches
if this preliminary approach fails to give results.

Investigative Problems

Purita identifies several common problems with forensic investigations.
First, security is so lax on some systems that many witnesses convincingly
claim that damning files were downloaded after the system was compromised by
Internet-borne malware. Such claims are particularly common in pornography
cases. In response, Purita has developed the habit of searching for viruses
and trojans at the start of each investigation. If none are found, then the
claim is immediately disproved. If one is found, Purita then checks whether
it can behave as the witness claims.

Second, similar claims are made about pop-ups that download files
automatically without the computer user's knowledge. With pop-ups, Purita
checks the time that the files were accessed. If those files were not
accessed or were accessed at a time when the person being investigated was
was not at the computer, he or she may be telling the truth about the files.

A third problem for an investigation is the password policy on a system.
This is especially a problem on home machines running Windows. Unless
passwords are unique to each user and a secure password policy is enforced,
proving that a particular user has done something is difficult. Usually,
more information from users is required. In this respect, most UNIX-like
systems and networks that require each user to have unique login are easier
to investigate than Windows systems, especially those used at home.

Increasingly, cryptographic and disk-wiping tools are also a problem. Used
properly, either can defeat Purita's investigation. Sometimes, however,
witnesses will disclose cryptographic keys. As for wiping tools, many of
those on Windows are less effective than advertised. Purita also notes that
the mere presence of such tools does not indicate criminal or dishonest
intent. Having used such tools himself, Purita recognizes that privacy
advocates and people working with sensitive material may have legitimate
reasons for possessing these tools -- a point that he sometimes has to make
to law enforcement officers or prosecutors.

Conclusion

Purita's expertise stands in marked contrast to that of most law enforcement
officers. Although Purita believes that computer and security awareness is
higher among law enforcement personnel than it was five years ago, their
general level of knowledge remain low. Law enforcers who become forensic
computer experts often jump to private industry, where their knowledge
receives greater financial rewards. Meanwhile, the policies of such agencies
as the Canadian RCMP result in over nine-tenths of computer forensics
investigations being conducted internally by overworked and undertrained
employees.

Although his services are in high demand, Purita continues to research his
chosen field on his own time. Increasingly, this research involves open
source technology. One of his concerns is that, just as open source
development provides new tools for computer forensics, it can also arm those
whom he investigates. In this respect, he admits, open source is a
"two-edged sword" that "could make my life a nightmare." Thinking about the
situation, he takes comfort from the belief that, if an act cannot be
committed via computer, it will simply be done another way. If a man cannot
remove data from a hard drive, for instance, he will simply break and enter
to steal the whole computer.

All the same, Purita seems to view the spread of GNU/Linux, whose
architecture is more secure than Windows, with a mixture of private delight
and professional dismay. From Purita's professional perspective, "The great
thing about Windows is that even though [people] think they have covered
their tracks, they haven't."

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