OSINT Open Source Intelligence In Litigation
OPEN - SOURCEINTELLIGENCE · A GUIDE FOR UK LAWYERS OSINT: Open-Source Intelligence in Litigation Public Data, Lawful Method and Evidence That Holds Up COMPUTER FORENSICS LAB
§ ABOUT THE AUTHOR PREPARED BY COMPUTER FORENSICS LAB E-DISCOVERY TEAM
§ CONTENTS In this guide 01 Executive summary 02 The problem in plain English: public does not mean proven 03 What OSINT covers: the open sources 04 Capturing and preserving so it can be authenticated 05 Verification, corroboration and attribution 06 Legal and ethical limits 07 Deployment: asset tracing, due diligence and fact-testing 08 Source architecture: where else the evidence lives 09 Worked examples 10 Common mistakes and technical limitations 11 Questions to ask · Suggested wording 12 Checklist and red flags · When to involve a digital forensic expert 13 Frequently asked questions 14 Glossary · References · Disclaimer · How a specialist laboratory can assist
§ 01 · ORIENTATION Executive summary OSINT is only useful when the material is captured and preserved so it can be authenticated, gathered law full y and proportionately, and verified rather than assumed, turning information into evidence that holds up.
§ 02 · FIRST PRINCIPLES The problem in plain English: public does not mean proven
§ 03 · THEOPENSOURCES What OSINT covers: the open sources SOCIAL / WEB COMPANY PROPERTY REGISTERS DOMAIN / WEB
§ 04 · CAPTURE AND PRESERVATION Capturing and preserving so it can be authenticated
§ 05 · VERIFICATIONANDATTRIBUTION Verification, corroboration and attribution
§ 06 · LEGALANDETHICALLIMITS Legal and ethical limits
§ 07 · DEPLOYMENT Deployment: asset tracing, due diligence and fact-testing
§ 08 · THEWIDERMAP Source architecture: where else the evidence lives EVIDENCE OPEN REGISTRAR SHARED ACCOUNT LIVE PLATFORM / OTHERS' DEVICE / SOURCE RECORDS COPIES FORENSICS WE B DELETED / ARCHIVES SUPERSEDED
§ 09 · IN THE WILD Worked examples EXAMPLE1 · THEHOLIDAYPHOTOSTHATANSWEREDTHEINJURYCLAIM EXAMPLE2 · THEHIDDENNETWORKBEHINDTHECOMPANY EXAMPLE3 · THEFAKESCREENSHOTANDTHECLEANMETHOD
§ 10 · WHEREITGOESWRONG Common mistakes and technical limitations Common mistakes Technical limitations
§ 11 · INTERROGATORIES & DRAFTING AIDS Questions to ask · Suggested wording Ask your client Ask your opponent (where relevant) Ask your e Discovery / forensic provider SUGGESTED WORDING · INSTRUCTIONFORANOSINTG AT HERINGANDANA LY SIS
§ 12 · QUICK CONTROL Checklist and red flags · When to involve a digital forensic expert The OSINT checklist Red flags When to involve a digital forensic expert
§ 13 · COMMON QUESTIONS Frequently asked questions If information is public, can we just use it? Why is a screenshot not good enough? Can we set up a fake profile to see a private account? How do we know a social-media account belongs to the person? Can OSINT expose fabricated evidence? Is OSINT a substitute for disclosure and forensics?
§ 14 · REFERENCE Glossary Sources and authoritative references DISCLAIMER
§ HOW A SPECIALIST LABORATORY CAN ASSIST Working with Computer Forensics Lab Speak to a forensic examiner, not a salesperson. INSTRUCTTHELAB NEWENQUIRIESEMAILE - DISCOVERY
Cite as: Joseph Naghdi, OSINT Open Source Intelligence In Litigation, Computer Forensics Lab, https://e-discovery.uk/library/osint-open-source-intelligence-in-litigation/pdf.
