Signal And Ephemeral Messaging

EPHEMERALMESSAGINGEVIDENCE · AGUIDEFORUKLAWYERS Signal and Ephemeral Messaging Disappearing Messages, Designed Forgetting and What Litigation Can Still Reach COMPUTERFORENSICSLAB § ABOUTTHEAUTHOR PRE PA REDBYCOMPUTERFORENSICSLABE - DISCOVERYTEAM ESTABLISHED 2007 · LONDON ISO 17025-ALIGNED PROCEDURES EPHEMERAL-APP ANALYSIS RESIDUE & COUNTERPART CAPTURE CPR PART 35 EXPERT REPORTS FULL CHAIN-OF-CUSTODY DOCUMENTATION § CONTENTS In this guide 01 Executive summary 02 The problem in plain English: engineered forgetting meets the duty to remember 03 The landscape: Signal, Telegram, Snapchat and disappearing modes 04 What examination can still reach: the residue map 05 Preservation duties and the moment they bite 06 Channel choice as conduct: inference and chronology 07 Corporate governance: business use of ephemeral apps 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 : EPHEMERALAPPSMOSTLYKEEPTHEIRPROMISES : AND LITIGATIONSTILLREACHESTHEMTHROUGHRESIDUE , COUNTERPARTS , CONDUCTAND DUTY § 0 2 · FIRSTPRINCIPLES The problem in plain English: engineered forgetting meets the duty to remember § 0 3 · THELANDSCAPE The landscape: Signal, Telegram, Snapchat and disappearing modes APP / MODE EVIDENTIAL CHARACTER § 0 4 · THERESIDUEMAP What examination can still reach: the residue map § 0 5 · THEDUTY Preservation duties and the moment they bite § 0 6 · THECHOICEASCONDUCT Channel choice as conduct: inference and chronology § 0 7 · GOVERNANCE Corporate governance: business use of ephemeral apps § 0 8 · THEWIDERMAP Source architecture: where else the evidence lives EVIDENCE DEVICE COMPANION (EMAIL, ENTERPRISE EXPIRING DESKTOP / SURROUND PROVIDER / (RESIDUE) CLIENTS WHATSAPP, CONSOLE COUNTERPART DELETED / DEVICES RECOVERABLE RECORDFUL TEAMS) § 0 9 · INTHEWILD Worked examples EXAMPLE1 · THEMIGRATIONMESSAGETHATFRAMEDTHESILENCE EXAMPLE2 · THECOUNTERPARTWHOKEPTRECEIPTS EXAMPLE3 · THETIMERSTHATKEPTRUNNING § 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 Ask your eDiscovery / forensic provider SUGGESTEDWORDING · EPHEMERALLIMBFORTHEPRESER VAT IONLETTER § 1 2 · QUICKCONTROL Checklist and red flags · When to involve a digital forensic expert The ephemeral checklist Red flags When to involve a digital forensic expert § 1 3 · COMMONQUESTIONS Frequently asked questions Can deleted or expired Signal messages be recovered? Is it unlawful for a business to use disappearing messages? The opponent says the messages expired innocently under settings predating the dispute. Does that end it? A witness offers screenshots of expired chats. How much weight can they carry? Do adverse inferences really substitute for the messages themselves? What should a client adopting Signal for business do this week? § 1 4 · REFERENCE Glossary Sources and authoritative references DISCLAIMER § HOWASPECIALISTLABORATORYCANASSIST Working with Computer Forensics Lab 70. Conflicts checks, confidential scoping discussions and fixed-fee estimates are routine; and if a relevant chat Speak to a forensic examiner, not a salesperson. INSTRUCTTHELAB NEWENQUIRIESEMAILE - DISCOVERY