Computer forensics is still a new field, and the laws aren’t quite that clear yet on which acts are considered legal and rightful. This has created quite a dilemma for the RIAA, whose fight against piracy involves unlicensed private investigators doing computer forensics work to discover the identities of suspected file-sharers.

The Michigan Department of Labor and Economic Growth has recently filed two lawsuits against MediaSentry Inc., an unlicensed private investigation that often works for the Recording Industry Association of America or RIAA in the organization’s continued battle against copyright infringement. The first complaint was filed by a student from the University of Michigan in Ann Arbor while the subsequent complaint was from Central Michigan University in Mount Pleasant.

MediaSentry is under SafeNet Incorporated, a firm that supposedly offers online content distribution and protection services to large entertainment and media companies. Both lawsuits filed against MediaSentry focused on the firm’s lack of license to operate as a private investigation company.

According to the Assistant General of Central Michigan University, the school was mainly concerned about how some of its students could have been subjected to “potentially illegal” investigations conducted by the said company. The university’s director of media relations, Steve Smith, further explains that the university only wishes to ensure that all information gathered against its students had been obtained through legal means and by a legally licensed establishment. It is also their hope that the RIAA would only engage the service of a legally licensed establishment for obtaining such information in the future, consequently ensuring that all subpoenas served have been properly obtained.

In the first complaint, the unnamed plaintiff described the investigation he had been subjected to by MediaSentry as “intrusive and illegal”. The nature of activities and the extent to which the company had performed its investigation were detailed in the lawsuit, with the student further claiming that all those actions had been taken to determine his identity, his online activities, and the nature and content of files in his computer. The letter concluded that only a private investigator was qualified to perform such activities, and for that, a license to operate as private investigator was required from MediaSentry.

These lawsuits can considerably weaken the standing of the RIAA in its copyright infringement cases. If any of the lawsuits goes against them, they may not be permitted to use the evidence gathered by MediaSentry in court. Worse, the results of these lawsuits could influence the outcome of other similar cases that MediaSentry, and to a certain extent the RIAA as well, is facing in other states like North Carolina, Oregon, and Massachusetts.

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A magnifying glass may not be enough to help out private investigators in finding clues. These days, more sophisticated tools may be necessary and especially when computer forensics is concerned.

Digital Evidence
Computer or digital forensics is actually a branch of forensic science. It is mainly concerned with the current state of digital evidence. Computer forensics may be involved when one wishes to know, for instance, the nature of information provided or the sequence of events accountable for its current state. Computer forensics can be divided into sub-fields such as mobile device forensics and database forensics.

Why You Need It
Private investigators use computer forensics to accomplish various tasks. This includes but aren’t limited to gathering evidence against a certain party, analyzing a computer system that has been hacked, and recovering lost or missing data.

It’s Not Always Permissible
Evidence resulting from computer forensics will not always be accepted in a court of law. All actions of private investigators must be made to ensure the validity of the evidence. Information should be gathered accurately. There must also be a clear chain of custody starting from the very crime scene right to the time the evidence reaches the court.

A Five-Step Process
There are mainly five steps making up the process of computer forensics. The first step is preparation; only private investigators who had received special and proper training are qualified to work using computer forensics. Tools and techniques used must also be validated.

Collecting digital data is the second step. Private investigators must determine which of the many sources of digital data we have today can yield the kind of information they need. Special care must also be taken as to how data is collected. The data must be carefully handled to preserve its original condition. Chain of custody must be established and every step taken concerning the data must be documented.

Examination is the third step in the process of computer forensics. Private investigators must examine whether the data collected is still valid. Next is analysis; this is when investigators determine the nature of data through manual and digital procedures. Analysis includes extracting images and text for review, searching critical keywords, cracking passwords, and using tools such as Brian Carrier’s Sleuth Kit and Guidance Software’s EnCase.

Once the evidence has all been analyzed, private investigators will wrap things up with a report. This may be an oral or written summary, depending on the client’s preferences.

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