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Evidence Preservation, Forensics and Chain of Custody

Detection and investigation · 2 min read

Assume it will be challenged

Incidents can end in court, in front of a regulator, in an insurance claim or at a disciplinary hearing. Evidence that was changed, mishandled or can’t be traced will be challenged, and may be thrown out. Handling it properly from the start keeps every option open.

Most fragile first

Order of volatility: CPU registers and cache, memory, network state, disk, remote logs and archives.

Evidence is collected in order of volatility: CPU registers and cache, memory, network state and running processes, then disks, then remote logs and archives. Pulling the plug wipes memory, which may hold encryption keys and attacker tools. Whether to power down is a decision for trained responders.

The forensic process

Identify, preserve, acquire, analyse, document, present.
  • Identify what evidence exists and where.
  • Preserve it: isolate systems, capture volatile data.
  • Acquire bit-by-bit images through write blockers, and verify them with matching hashes.
  • Analyse copies, never the original.
  • Document every step and tool, so the work can be repeated.
  • Present clear, objective findings.

Chain of custody

Label, record collection, log every transfer, store securely, re-verify hashes.

The chain of custody records who collected, handled, transferred and stored each item of evidence, and when. Any gap gives the other side grounds to argue the evidence could have been altered.

Example. An investigator copies files from a suspect’s laptop to a USB stick and opens them to have a look. The access times change, and there’s no hash and no custody record. At the employment tribunal, the evidence is excluded. Forensic readiness training would have prevented it.

Forensic readiness

The security manager’s job isn’t to perform forensics, but to make sure the organisation is ready:

  • Policy and procedures: when and how evidence is collected, and who may do it, following standards such as ISO/IEC 27037.
  • Tools and logs: forensic tools, write blockers, enough log retention.
  • People: trained internal responders, plus an external forensic retainer.
  • Legal: privacy, employment law, cross-border data and legal privilege.

How the exam asks about it

If the question asks…The answer is usually…
What to collect first from a running systemVolatile data such as memory
How to prove a copy is identicalMatching hash values
Record of who handled evidenceChain of custody
Where analysis is performedOn a verified copy, not the original
The security manager’s roleForensic readiness, and involving specialists

In short

  • Evidence is preserved from the start whenever legal action, regulatory reporting, insurance or disciplinary action is possible.
  • Collect in order of volatility: memory and live state first, then disks, then logs and archives.
  • Forensic images are bit-by-bit copies made through write blockers, verified with matching hashes; analysis is done on copies.
  • Chain of custody records who collected, handled, transferred and stored each item, and when.
  • Evidence handling must be lawful and follow documented procedures (e.g. ISO/IEC 27037) by qualified people.
  • The security manager's role is forensic readiness: policies, tools, retainers and trained staff before an incident.

Exam traps

  • Pulling the plug loses memory evidence; let trained responders decide.
  • Analysing the original evidence, rather than a copy, can make it inadmissible.
  • Any gap in the chain of custody gives the other side grounds to challenge evidence.
  • Untrained staff 'having a look' often destroy the evidence they're trying to find.

Slides

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CISM · Domain 4 · Detection and investigation

Evidence Preservation, Forensics and Chain of Custody

How the security manager makes sure incident evidence is collected, preserved and handled so it can be used in court, by regulators or by insurers, and when to bring in forensic specialists.

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