Remote Employee Collection

REMOTECOLLECTION · AGUIDEFORUKLAWYERS Remote Employee Collection Preserving and Collecting Evidence From Devices You Cannot Put Your Hands COMPUTERFORENSICSLAB § ABOUTTHEAUTHOR PRE PA REDBYCOMPUTERFORENSICSLABE - DISCOVERYTEAM SUPERVISED SELF-COLLECTION CPR PART 35 EXPERT REPORTS FULL CHAIN-OF-CUSTODY DOCUMENTATION § CONTENTS In this guide 01 Executive summary 02 The problem in plain English: the evidence is on a device you cannot reach 03 The methods: agents, cloud-side, supervised self-collection and shipped media 04 Choosing the method: cooperation, completeness, control and risk 05 Preserving a device you cannot touch 06 Defensibility: chain of custody, verification and the reluctant custodian 07 Data protection, privacy and personal devices 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 § 0 1 · ORIENTATION Executive summary THEHEADLINEPOINT : REMOTECOLLECTIONISTHEORDINARYCASENOW , ANDITIS DEFENSIBLEWHENTHEMETHODISMATCHEDTOTHECUSTODIAN ' SCOOPERATIONAND SHIPPEDMEDIA , EACHDOCUMENTED , VERIFIEDANDDATA - MINIMISED , WITHTHE DEVICEPRESERVEDTHEMOMENTTHEDUTYARISES § 0 2 · FIRSTPRINCIPLES The problem in plain English: the evidence is on a device you cannot reach § 0 3 · THEMETHODS The methods: agents, cloud-side, supervised self-collection and shipped media § 0 4 · CHOOSINGTHEMETHOD Choosing the method: cooperation, completeness, control and risk § 0 5 · PRESERVINGADEVICEYOUCANNOTTOUCH Preserving a device you cannot touch § 0 6 · DEFENSIBILITY Defensibility: chain of custody, verification and the reluctant custodian § 0 7 · DATAPROTECTIONANDPRIVACY Data protection, privacy and personal devices § 0 8 · THEWIDERMAP Source architecture: where else the evidence lives QUESTION REMOTE + CLOUD CLOUD MANAGEMENT COUNTERPARTIES LOCAL THE MAILBOX SA AS + DEVICE- DELETED / DEVICE DRIVES INFRA PLATFORM ONLY § 0 9 · INTHEWILD Worked examples EXAMPLE1 · THECOOPERATIVECUSTODIANANDTHESEQUENCEDCOLLECTION EXAMPLE2 · THEADVERSECUSTODIANWHOWASNEVERALLOWEDTOSELF - COLLECT EXAMPLE3 · THEPERSONALDEVICEANDTHEINDEPENDENTEXAMINER § 1 0 · WHEREITGOESWRONG Common mistakes and technical limitations Common mistakes Technical limitations § 1 1 · INTERROGATORIES & DRAFTINGAIDS Questions to ask · Suggested wording Ask your client Ask your opponent (or a reluctant custodian) Ask your eDiscovery / forensic provider SUGGESTEDWORDING · INSTRUCTIONFORAREMOTECOLLECTION § 1 2 · QUICKCONTROL Checklist and red flags · When to involve a digital forensic expert The remote-collection checklist Red flags When to involve a digital forensic expert § 1 3 · COMMONQUESTIONS Frequently asked questions Can a device be collected forensically without anyone touching it? Can we just ask the employee to send us the relevant files? The custodian works from home abroad. Does that change things? How do we collect from a personal device without invading privacy? Is a remote collection as defensible as a bench image? What do we do the moment we know a remote custodian is relevant? § 1 4 · REFERENCE Glossary BYOD Sources and authoritative references DISCLAIMER § HOWASPECIALISTLABORATORYCANASSIST Working with Computer Forensics Lab Speak to a forensic examiner, not a salesperson. INSTRUCTTHELAB NEWENQUIRIESEMAILE - DISCOVERY