Not only is there now a greater general awareness
of the capabilities of digital evidence and its potential within legal cases,
additionally, reports of websites containing indecent images of children are
also continually rising each year. Increasing resources are now being spent on
examining data of this type as part of legal cases where previously it was
thought unnecessary. We now frequently encounter cases involving supportive
evidence (such as user and/or Internet history) as well as the basic evidence
that is relied upon as part of the Prosecution case. However, it seems
inevitable that an increase in the number of cases limits what can be achieved
within a Police Force's Hi-Tech Crime Unit. Consequently, that question is
normally answered until well after the case has been initiated. Identifying the
basic origins of a file is normally relatively straightforward. For instance,
the location of the file normally provides the biggest clue; the activity
surrounding its creation is another indicator. Identifying the basic origins of
a file is normally relatively straightforward.
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When dealing with cases
involving indecent images of children, for instance, there are various methods
for an image to have been created on a computer hard drive, including, but not
limited to, websites accessed whilst browsing the Internet, received e-mails
and peer-to-peer software, such as KaZa. The images had been stored in two
folders within his 'user' profile on the family's home computer. The Prosecution
relied upon the fact that the unlawful images were contained within manually
created folders of the Defendant's 'user' profile and they also identified the
presence of keyword searches for terms that were likely to result in the
creation of unlawful material. I examined the case and noted that the 9 static
images had arrived via a small number of web pages containing legitimate adult
pornography and had been created automatically by image downloading software.
This case is not an exception. In approximately 20% of the cases in which we
are involved we have been responsible for identifying crucial new evidence that
has caused the case to be withdrawn. For the Police, an examination of this
detail is irrelevant for the majority of cases. Cases involving files
encountered and downloaded via websites are also frequent areas of
misunderstanding. The presence of a web page or file on a hard drive can be the
result of intentional user access, or alternatively, the operation of one of a
number of different scripts and software. These scripts can cause the user's
Internet browser to be automatically forwarded to web pages containing certain
material or cause certain files to be added to the hard drive without the
user's knowledge. As digital media increases in capacity it allows users to
store more data but also increases the possibility of software or anomalous
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