A presentation on how to identify useful data and secure a chain of custody in the context of teacher misconduct investigations. Presented to the Professional Practices Institute on October 24, 2013.

1. Forensic Computer Techniques
How to Identify Useful Data and Secure a
Chain of Custody
Frederick S. Lane
NASDTEC/Professional Practices Institute
Boise, ID
24 October 2013
www.FrederickLane.com
www.ComputerForensicsDigest.com

2. Background and Expertise
• Attorney and Author of 7
Books
• Computer Forensics
Expert -- 15 years
• Over 100 criminal cases
• Lecturer on ComputerRelated Topics – 20+
years
• Computer user
(midframes, desktops,
laptops) – 35+ years
• 10 yrs on Burlington VT
School Board

3. From VT to Brooklyn

4. Current Projects
• Cybertraps for Educators (2014)
• Safe Student and School Employee
Relationships (2014)
• Cybertraps.wordpress.com
• CPCaseDigest.com
• MessageSafe.com
• Informational Web Sites:
• www.FrederickLane.com
• www.ComputerForensicsDigest.com
• www.CybertrapsfortheYoung.com

5. Lecture Overview
Pre-Incident Preparation
Common Types of Incidents
Electronic Evidence Is Everywhere
Response to Civil Litigation
Response to Criminal Activity
Risks for Administrators and
Teachers
• A Quick Intro to Computer
Forensics
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6. Pre-Incident Preparation
• Policies and Procedures
•
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District Decisions re Access, Services, Storage
AUPs for Staff and Students
Data Handling and Response Protocols
• Professional Development for Teachers
and Staff
•
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Typically First Responders
Potential Legal Risks
Technology Is Continually Changing
• Student Education
•
Critical Component of K-12 Curricula

7. Common Types of Incidents
• Employment Issues
• Harassment/Hostile Work Environment
• Disciplinary Issues
• Student Misconduct
• Cyberbullying & Cyberharassment
• Sexting
• Teacher/Student Misconduct
• Student Attacks on Teachers
• Inappropriate Relationships

8. E-Evidence Is Everywhere
• Inventory Possible Devices
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Computers (Desktops, Laptops, Servers)
Mobile Devices (Phones, Tablets)
Peripherals (USBs, CDs, external drives, etc.)
• Inventory Possible Types of Data
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Communication (E-Mail, IMs, Texts, etc.)
Social Media (Facebook, Twitter, etc.)
Web Activity (URLs, cookies, bookmarks, etc.)
Network Logs and Access Data
Cloud Storage (Dropbox, Flickr, Boxy, etc.)
Deleted Data

9. Whose Data Is It Anyway?
• Where Did the Incident Occur?
•
•
On-Campus vs. Off-Campus
Zone of District Responsibility Is Growing
• Who Owns and Uses the Device?
•
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Misconduct Using School-Owned Equipment
Misconduct Using Privately-Owned Equipment
• Who Runs the Service?
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Evidence Hosted by District
Evidence Created by Teachers/Students
Evidence Hosted by 3rd Parties

10. Response to Civil Litigation
• Preservation of Potentially
Relevant Evidence
• Adherence to Established Policies for
Handling Data
• Notice of Litigation or Reasonable
Anticipation of Litigation
• Discovery Requests
• Privacy Concerns
• Burdensomeness of Requests
• Production of Data Held by 3rd Parties

11. Response to Criminal Activity
• Anticipate Prosecution and/or
Disciplinary Proceedings
• Adherence to Policy/Process Is Critical
• Involve Law Enforcement ASAP
• Protect and Preserve Data
• Restrict Access to Potentially Relevant
Data
• Hire a Computer Forensics Expert?
• Some Evidence Is Radioactive

12. Risks for Admins. & Teachers
• Good Intentions, Bad Outcome
• “Sherlock Holmes” Syndrome
• Forwarding Content for Advice
• The Cover-Up Is Always Worse
• Trying to Protect Colleagues and Friends
• Desire to Protect District by Handling InHouse
• “Delete” Is a Myth

13. A Cautionary Tale
• Ting-Yi Oei, now 64
• Assistant Principal at
Freedom HS in So. Riding,
VA (Loudoun County)
• Told to investigate rumors
of sexting at HS
• “Inappropriate” image
was forwarded to Oei’s
cellphone, then computer
• Charged with “failure to
report,” then contributing
to delinquency of a minor
• Charges ultimately
dismissed

14. Computer Forensics 101
• Field Previews
• Acquisition & Mirror Images
• Some Data Are More Fragile Than
Others
• Speed Is Of the Essence
• Powerful Forensics Tools
• Data Recovery and Analysis
• IP Addresses Link to Real World
• 4th Amendment and Privacy
Concerns

15. Forensic Computer Techniques
How to Identify Useful Data and Secure a
Chain of Custody
Frederick S. Lane
NASDTEC/Professional Practices Institute
Boise, ID
24 October 2013
www.FrederickLane.com
www.ComputerForensicsDigest.com