10 Best Practices for Preserving Digital Evidence

Here’s a quick guide to keeping digital evidence safe and usable in court:

1. Track who handles the evidence
2. Use write blockers to prevent changes
3. Create forensic images (exact copies)
4. Use hashing to verify data integrity
5. Store evidence securely
6. Document everything
7. Use certified tools and methods
8. Handle volatile data carefully
9. Maintain evidence integrity
10. Stay updated on legal requirements

Practice	Why It’s Important
Chain of custody	Proves evidence wasn’t tampered with
Write blockers	Prevent accidental changes
Forensic imaging	Creates exact copies for analysis
Hashing	Verifies data hasn’t changed
Secure storage	Protects evidence from tampering
Documentation	Shows evidence handling was proper
Certified tools	Ensures reliability in court
Volatile data handling	Captures temporary but crucial info
Integrity maintenance	Keeps evidence admissible in court
Legal updates	Ensures compliance with current laws

These practices help make sure digital evidence stays intact and can be used in legal proceedings.

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1. Keep Track of Who Handles the Evidence

Keeping a clear record of who handles digital evidence is key for making sure it can be used in court.

Why It Matters for Court

A good record of who handled the evidence helps in court by:

• Showing the evidence is real
• Proving no one changed it
• Making the investigation look trustworthy

Keeping Data Safe

Tracking who handles the evidence helps keep it safe by:

• Stopping people who shouldn’t touch it
• Making sure only the right people handle it
• Writing down any changes made to it

How to Keep Good Records

Good record-keeping is very important. Here’s what to do:

• Write down when and where you found the evidence
• Note every time someone new handles the evidence
• Use the same forms and labels every time
• Write down any tests done on the evidence

What to Record	Why It’s Important
When and where evidence was found	Shows where it came from
Who handled it and when	Proves it wasn’t changed
What tests were done	Shows how it was checked
Where it’s kept	Proves it’s stored safely

2. Use Write Blockers

Write blockers are tools that keep digital evidence safe during investigations. They stop changes to the original data when people look at it.

Why They Matter for Court

Write blockers help make sure digital evidence can be used in court:

• They follow the rules for handling evidence
• Courts are more likely to accept evidence collected with write blockers
• They show that no one changed the evidence

Keeping Data the Same

Write blockers are key for making sure data doesn’t change:

• They stop accidental changes when looking at evidence
• They block commands that could change the data
• This helps make sure the evidence is trustworthy in court

How They Work

Write blockers have important safety features:

Type	What It Does
Hardware blocker	Physically stops data changes
Software blocker	Makes a wall between storage and computer
Read-only access	Lets people look but not change

Writing Things Down

It’s important to write down how you use write blockers:

• What kind of write blocker you used
• When you plugged it in
• Any special settings you used
• Everything you did while using it

3. Create Forensic Images

Making forensic images is a key step in keeping digital evidence safe. This means making an exact copy of the original storage device, including all data, even deleted files and unused space.

Why It’s Important for Court

Forensic images help make evidence strong in court:

• They copy everything on a storage device
• They follow legal rules, making courts more likely to accept them
• Good record-keeping shows who handled the evidence and when

Keeping Data the Same

It’s very important to make sure the data doesn’t change:

• Use write blockers to stop changes to the original evidence
• Check hash values to make sure the copy matches the original
• Use special tools like EnCase Forensic or FTK Imager for accurate copying

Keeping Images Safe

To protect forensic images:

• Store them in a safe place where only certain people can access them
• Use write protection to keep the original evidence unchanged
• Make more than one copy for backup and testing

Writing Things Down

Good record-keeping is key for making forensic images trustworthy:

What to Write Down	Details to Include
Case Info	Case name/number, who’s investigating, how to identify the evidence
Hardware Used	Make, model, firmware, serial number of devices used
Software Used	Who made it, what version of copying tools
Evidence Details	Type, make, model, how it connects, serial number, how much it can store
Copying Process	Steps taken, when it started and ended, hash values, where the copy is saved

4. Implement Hashing

Hashing is a key way to keep digital evidence safe and check if it’s real. It makes a special code for each file or piece of data. This helps make sure the evidence stays the same throughout an investigation.

Why It’s Good for Court

Hashing helps make digital evidence strong in court:

• The special codes prove the evidence is real
• New court rules say these codes can be used to show evidence is okay
• The codes show no one changed the evidence

Keeping Data the Same

Hashing is important for making sure data doesn’t change:

• When evidence is first found, a code is made
• Later checks can show if the evidence changed
• If anything changes, even a little, the code will be different

How to Use Hashing Safely

To make hashing work well:

• Use more than one type of hashing
• Make a code right when you get the evidence
• Keep the codes in a safe place, away from the evidence

Writing Things Down

It’s important to write down information about hashing:

What to Write	Details to Include
Type of Hashing	What kind you used (like MD5 or SHA-1)
First Code	The code made when you first got the evidence
Later Codes	Any codes made when checking later
When It Happened	The date and time for each code
Who Did It	Name of the person who made the code

5. Secure Storage of Evidence

Keeping digital evidence safe is very important. Good storage helps make sure the evidence stays the same and can be used in court.

Keeping Data Safe

To keep digital evidence safe:

• Use storage that scrambles the information
• Store things in the cloud for better safety
• Use special locks that can’t be broken
• Keep evidence in rooms with the right temperature

Safety Steps

To protect digital evidence:

• Use cameras to watch storage areas all the time
• Make sure only certain people can get to the evidence
• Use locks that need codes or fingerprints to open
• Follow special rules for keeping digital evidence safe

Safety Step	What It Does
Scrambled Storage	Keeps secret information safe
Special Locks	Stops people from changing evidence
Fingerprint Locks	Only lets certain people see evidence
Alarm Systems	Tells staff if someone tries to break in

Writing Things Down

Writing down what happens to evidence is very important:

• Use barcodes or special tags to keep track of evidence
• Write down every time someone looks at the evidence
• Write down when evidence moves to a new place
• Check and update lists of evidence often

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6. Document Everything

Writing down all steps is key when working with digital evidence. Good notes help prove the evidence is real and can be used in court. Let’s look at the main parts of good note-taking in digital investigations.

Why It’s Important for Court

Good notes help make digital evidence strong in court. By writing down every step, investigators can show their work clearly. This includes:

• Detailed lists of what was done when collecting and checking evidence
• Times and dates for each step
• Names of everyone who touched the evidence
• Notes on the tools and methods used

Keeping Data the Same

Making sure data doesn’t change is very important. Good notes show that no one changed the evidence during the investigation. Key things to do:

• Make and check special codes for the original evidence and copies
• Keep a list of who handled the evidence and when
• Write down any changes made to the evidence and why

How to Take Good Notes

Good note-taking is the backbone of a successful digital investigation. Here are some tips:

• Use the same forms for all investigations
• Use computer programs that automatically keep logs
• Take pictures of physical and digital evidence
• Keep a timeline of all investigation activities

What to Write Down	Why It’s Important
Who Handled Evidence	Shows who touched it and when
Investigation Steps	Lists all actions taken
Tools Used	Names software and hardware used
Pictures and Screenshots	Shows what evidence looks like

7. Use Certified Tools and Methods

When keeping digital evidence safe, it’s important to use tools and methods that experts have checked and approved. This helps make sure the evidence is good and can be used in court. It also shows that the investigation was done properly.

Why It’s Good for Court

Using approved tools and methods helps make digital evidence stronger in court. Courts often look closely at how evidence was collected and studied. By using approved tools, investigators can show they followed the right steps. This makes it less likely that someone will say the evidence isn’t good.

Good Thing	What It Means
Works Well	Approved tools have been tested to make sure they work right
Same Results	Using the same methods means others can check the work
Court Accepts It	Courts are more likely to allow evidence collected with approved tools

Keeping Data the Same

Approved tools and methods are very important for making sure the data doesn’t change during the investigation. These tools often have special features that stop anyone from changing the original evidence by accident or on purpose. This is key for keeping digital evidence real.

What approved tools do to keep data safe:

• Stop changes to the original
• Make exact copies
• Check if anything has changed

Writing Things Down

It’s very important to write down everything when using approved tools and methods. Investigators should keep detailed notes of all they do, including:

• Names and versions of tools used
• Steps they followed
• When each step was done
• Any problems they had and how they fixed them

Writing all this down helps show who handled the evidence and when. It also makes the investigation clearer, which makes the evidence stronger.

8. Handle Volatile Data Appropriately

Volatile data is important in digital investigations. This data, found in RAM, CPU registers, and cache, can be lost when a device is turned off. Handling it carefully is key to keeping evidence safe.

Keeping Data Safe

To keep volatile data safe:

• Use special tools for live investigations
• Copy RAM without changing the system
• Get the most important data first

Order	Data Type
1	CPU registers and cache
2	Routing tables, ARP cache
3	Process table, kernel stats
4	RAM contents
5	Temporary file systems

Writing Things Down

When working with volatile data, write down:

• All steps taken during the live investigation
• The exact time and order of data collection
• Tools used and their versions
• Who handled the data and when

Keeping Things Safe

To protect volatile data:

• Keep the device off the network
• Use tools that stop changes to the data
• Use codes to protect stored or moved data
• Let only certain people use the data and tools

Safety Step	What It Does
Keep device offline	Stops data loss or changes
Use write blockers	Prevents accidental changes
Use codes (encryption)	Protects stored or moved data
Limit access	Only lets certain people use data

9. Keep Digital Evidence Safe and Unchanged

Keeping digital evidence safe and unchanged is very important. It helps make sure the evidence can be used in court and trusted during an investigation. Here’s how to do it right:

Making Sure It’s Good for Court

To make digital evidence good for court:

• Follow rules set by experts like NIST
• Write down everything you do
• Use tools that have been checked and approved

This helps show that the evidence is good and can be trusted in court.

Keeping the Data the Same

It’s very important to keep digital evidence exactly as it was found:

What to Do	Why It’s Important
Make exact copies	Keeps the original safe
Use write blockers	Stops accidental changes
Use special codes (hashing)	Shows if anything has changed

Keeping Things Safe

To keep digital evidence safe:

• Store it where only certain people can get to it
• Use codes to protect it when it’s stored or moved
• Keep track of who uses it and when

Writing Everything Down

Writing down what happens to the evidence is very important:

• Write down who touches the evidence
• Write down everything done to study the evidence
• Keep a list of all tools used and steps taken

This helps show that the evidence hasn’t been changed and can be trusted.

10. Stay Updated on Legal Requirements

Keeping up with legal rules is key for keeping digital evidence safe. As tech and laws change, so do the rules for handling digital evidence. Here’s why it matters and how to follow the rules:

Good for Court

To make sure your evidence can be used in court:

• Check and update your methods often to match new legal rules
• Learn about new court cases that might affect digital evidence
• Ask lawyers to check your evidence-keeping methods

For example, in 2017, US courts changed a rule about digital evidence. Now, it needs to be checked in a special way before it can be used in court. This means using the right tools and having experts check the evidence.

Keeping Data Safe

It’s important to keep digital evidence exactly as it was found. To do this:

• Use tools that experts have checked for collecting and looking at evidence
• Use special codes to make sure the evidence hasn’t changed
• Keep your tools up to date to work with new types of data

Writing Things Down

Writing down everything you do with digital evidence is very important. It helps show that the evidence is real and hasn’t been changed. To do this better:

• Write down everything you do with the evidence
• Note the time and date for each step
• Use the same forms for all cases

Good notes help show how you handled the evidence if someone asks in court.

What to Write Down	Why It’s Important
Every step taken	Shows how evidence was handled
Times and dates	Proves when things were done
Tools used	Shows proper methods were used
Who handled evidence	Tracks who touched the evidence

Conclusion

Keeping digital evidence safe is very important for investigations today. This article talked about 10 key ways to do this well. These methods help make sure digital evidence stays good and can be used in court.

Here are the main things to remember:

• Write down who handles the evidence and when
• Use tools that stop changes to the original data
• Make exact copies of the evidence
• Use special codes to check if the evidence changed
• Store evidence in safe places
• Write down everything that’s done with the evidence
• Use tools that experts have checked
• Be careful with data that can be lost quickly
• Keep evidence the same as when it was found
• Know the latest rules about digital evidence

It’s really important to be careful with data that can be lost fast, like what’s in a computer’s memory. People who work with evidence need to know how to get this kind of data without changing it.

As computers and phones keep changing, keeping digital evidence safe gets harder. It’s important to keep learning about new rules and better ways to do things. This helps make sure the evidence can be used in court.

What to Do	Why It Helps
Keep track of who touches evidence	Shows who had it and when
Make exact copies	Keeps the original safe
Use special codes	Shows if anything changed
Store in safe places	Keeps evidence from being changed
Use checked tools	Makes evidence more trustworthy in court

FAQs

What are the 10 best ways to handle digital evidence?

Here are the 10 best ways to handle digital evidence:

Step	Description
1. Check device	Note how the device looks and works
2. Ask experts	Get help from people who know about digital evidence
3. Track who has it	Keep a list of who handles the evidence
4. Don’t change power	Keep devices on or off, as found
5. Keep it safe	Put the device in a safe place
6. Don’t use original	Always work with copies, not the original
7. Keep offline	Don’t connect the device to networks
8. Store for long time	Plan how to keep evidence safe for a long time
9. Use write blockers	Use tools that stop changes to the evidence
10. Make copies	Create exact copies of all data

How do you find and keep digital evidence safe?

Here are the main steps to find and keep digital evidence safe:

1. Find: Look for and list all digital devices
2. Collect: Get the devices and write down how you found them
3. Copy: Make exact copies of all the data
4. Keep safe: Store the evidence where it won’t change
5. Look at: Use special tools to check the evidence

Following these steps helps make sure the evidence is good for use in court cases.

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