Web Capture, Part 2: Analyzing a Website for Legal Discovery

Article Posted: August 07, 2009

In Part 1 of this multi-part series, we discussed how website capture is applicable during legal discovery. Once the website has been captured and the primary goals identified, the next logical step is to analyze the information. Website analysis can be defined by four categories: (1) visual analysis; (2) code analysis; (3) content analysis, and; (4) security analysis. Visual analysis is similar to reviewing a network’s topology, in that one would review the layout of the pages, compare page versions, and analyze date and time stamps to identify when particular pages have been altered. Code analysis involves an examination of the page render source code, applet or cookie code, and the backend database structure. Content analysis is primarily a consideration of the materials or content of the website itself. These three types of analysis are certainly germane to a host of other industries and practices, and accordingly, they formulate a reasonable approach to the analysis of website data. The fourth type, security analysis, has already been covered extensively in security and computer forensics journals, so we will not be discussing it further in this article.

The Application of Website Analysis
Similar to the analysis of individual web pages (pages visited, downloads, webmail analysis, etc.), websites can provide additional information during an investigation to answer the “who,” “what,” “where,” “when,” and “how,” and offer insight into the “why.” Website analysis, although under-utilized, can uncover valuable evidence during government investigations, civil and commercial litigation, and corporate investigations that would go otherwise undiscovered. Below are some examples of different types of legal matters where website analysis could uncover valuable or additional evidence.

Government Investigations Civil/Commercial Litigation Corporate Investigations
Misleading or False Marketing Securities Compliance and Auditing
Antitrust Corporate Espionage/Intellectual Misuse of Resources
Child Pornography Trademark Breach of Confidentiality
Surveillance Employment Credit Card Fraud
Insider Trading   Breach of Security
Securities    

 

Related Topics: Network Forensics