With the field of digital forensics growing at an almost warp-like speed, there are many issues out there that can disrupt and discredit even the most experienced forensic examiner. One of the issues that continues to be of utmost importance is the validation of the technology and software associated with performing a digital forensic examination. The science of digital forensics is founded on the principles of repeatable processes and quality evidence. Knowing how to design and properly maintain a good validation process is a key requirement for any digital forensic examiner. This article will attempt to outline the issues faced when drafting tool and software validations, the legal standards that should be followed when drafting validations, and a quick overview of what should be included in every validation.
Setting the Standard: Standards and Legal Baselines for Software/Tool Validation
According to the National Institute of Standards and Technology (NIST), test results must be repeatable and reproducible to be considered admissible as electronic evidence. Digital forensics test results are repeatable when the same results are obtained using the same methods in the same testing environment. Digital forensics test results are reproducible when the same test results are obtained using the same method in a different testing environment (different mobile phone, hard drive, and so on). NIST specifically defines these terms as follows:
Repeatability refers to obtaining the same results when using the same method on identical test items in the same laboratory by the same operator using the same equipment within short intervals of time.
Reproducibility refers to obtaining the same results being obtained when using the same method on identical test items in different laboratories with different operators utilizing different equipment.
In the legal community, the Daubert Standard can be used for guidance when drafting software/tool validations. The Daubert Standard allows novel tests to be admitted in court, as long as certain criteria are met. According to the ruling in Daubert v. Merrell Dow Pharmaceuticals Inc. the following criteria were identified to determine the reliability of a particular scientific technique:
- Has the method in question undergone empirical testing?
- Has the method been subjected to peer review?
- Does the method have any known or potential error rate?
- Do standards exist for the control of the technique's operation?
- Has the method received general acceptance in the relevant scientific community?
The Daubert Standard requires an independent judicial assessment of the reliability of the scientific test or method. This reliability assessment, however, does not require, nor does it permit, explicit identification of a relevant scientific community and an express determination of a particular degree of acceptance within that community. Additionally, the Daubert Standard was quick to point out that the fact that a theory or technique has not been subjected to peer review or has not been published does not automatically render the tool/software inadmissible. The ruling recognizes that scientific principles must be flexible and must be the product of reliable principles and methods. Although the Daubert Standard was in no way directed toward digital forensics validations, the scientific baselines and methods it suggests are a good starting point for drafting validation reports that will hold up in a court of law and the digital forensics community.


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