CCJS 321 Digital Forensics
University of Maryland University College
July 18, 2015
Project 2 – Identifying and Collecting Digital Evidence
1. What permissions/authorities should you have before you search Mr. Yourprop’s former Company work area, and how would you document that authority?
Generally speaking, an employer can search an employee’s desk or work area without expecting any legal repercussions. The desk is property of the employer, therefore the employee should not be entitled to a reasonable expectation of privacy in their work area (Privacy at Work: What Are Your Rights?, 2015). Even though this is generally the case, its best practice, by and large, to have authorities such as this published in the company policy and employee handbook. This gives the employer a stronger leg to stand on, legally speaking, and provides full disclosure to the employees with regards to employee privacy (Searches at Work - Legal Issues to Consider, n.d.).
In this situation specifically, the employer already has a few things in their favor concerning permissions/authorities to search the work area in question. First of all, Mr. Yourprop is a former employee. He no longer works for Makestuff Company, so it’s not even his work area anymore. Also, during his exit interview Mr. Yourprop gave reasonable cause for the Company to search his belongings due to nature of his suspicious statements. When you factor these thoughts combined with Makestuff’s policy on searches, they would be fully prepared to defend themselves if Mr. Yourprop tries to make claims of an invasion of privacy (Searches at Work - Legal Issues to Consider, n.d.).
2. Look at the photo of Mr. Yourprop’s work area provided for Project 2 in the Week 5 Overview area. Identify three (3) potential items of digital evidence you see in the photo. For EACH item of digital evidence you identified, explain what potential use that item would be to your
References: Amazon. (2013). PNY Turbo 64GB USB 3.0 Flash Drive. Retrieved from Amazon: http://www.amazon.com/PNY-Turbo-64GB-Flash-Drive/dp/B00FDUHDAC International Association for Property and Evidence. (2015, March 8). Professional Standards, v.2.5.1. Retrieved from IAPE: http://www.iape.org/Standards_2015.PDFs/Stands%202.5.1%20Approved%20Clean.pdf Microsoft. (2015). What is a BitLocker Drive Encryption Key or PIN? Retrieved from Microsoft: http://windows.microsoft.com/en-us/windows-vista/what-is-a-bitlocker-drive-encryption-startup-key-or-pin Privacy at Work: What Are Your Rights? (2015). Retrieved from FindLaw: http://employment.findlaw.com/workplace-privacy/privacy-at-work-what-are-your-rights.html Searches at Work - Legal Issues to Consider. (n.d.). Retrieved from Texas Workforce Commission: http://www.twc.state.tx.us/news/efte/searches_at_work_legal_issues_to_consider.html Soloman, M. G., Rudolph, K., Tittel, E., Broom, N., & Barrett, D. (2011). Computer Forensics JumpStart, Second Edition. Retrieved from http://common.books24x7.com.ezproxy.umuc.edu/toc.aspx?bookid=41065 U.S. Department of Justice. (2008). Electronic Crime Scene Investigation: A Guide for First Responders, Second Edition. Retrieved from National Criminal Justice Reference Service: https://www.ncjrs.gov/pdffiles1/nij/219941.pdf U.S. Dept of Homeland Security, U.S. Secret Service. (2007). Best Practices for Seizing Electronic Evidence v.3. Retrieved from Foward Edge II: http://www.forwardedge2.com/pdf/bestPractices.pdf