Getting suspects to willingly unlock their devices may have just gotten a lot harder, at least in Pennsylvania.

When Joseph J. Davis was accused of the possession of child pornography and was asked to provide the password for his computer, he refused. The case went all the way to the PA Supreme Court where a 4-3 decision found that disclosing a password to the police is considered “testimony” and is protected by the Fifth Amendment.

Justice Debra Todd mentioned that “revealing a password is testimonial as it’s a ‘verbal communication’ that reveals your mind, not just a physical act like providing a blood sample.”

Electronic communication advocacy groups such as the Electronic Frontier Foundation approved of the decision, and wrote a friend-of-the-court briefing. The group shared that “people store a ‘wealth of deeply personal information’ on their devices, and that the government shouldn’t force people into a ‘no-win situation’ where they either have to reveal everything or resist a court order.”

This decision may be part of a growing trend. So far, similar decisions have been handed down in New Jersey and Indiana.

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On November 14, 2019 the William Hargrove trial displayed electronic evidence during court testimony, as reported by the Corvallis Gazette-Times.   William Hargrove is being charged with the murder and identity theft of Anna Repkina, in addition to two counts of theft. Repkina met Hargrove online and then came to the U.S. from Russia. The two rented an apartment in Corvallis and reportedly had plans to get married. On April 17, 2017 Repkina was found dead on a logging road after being fatally shot.

The prosecution alleges that Hargrove murdered Repkina to appease his married lover, Michelle Chavez. The defense insists that Chavez killed Repkina, not Hargrove. Chavez has not been charged with any crime. The first witness in the trial was Rhiannon Demings, a forensic analyst for the Eugene Police Department, with special training in video evidence. Additionally, Detective Christopher Dale from the Denton County Sheriff’s Office testified to digital forensic evidence. Dale examined 36 electronic devices in the case, including cellphones from Hargrove and Chavez, and Hargrove’s computer. Financial records from Repkina’s bank accounts were also obtained.

Most of the testimony from Detective Dale was focused on financial records from the time frame of interest. Records show that there were transactions made from Repkina’s accounts on the day in question, video footage of the accused was also provided, some of which show Hargrove making transactions. Additionally Det. Dale examined cellphones for location data, which put Hargrove in the vicinity of a Chase Bank around the time a transaction was made. He also testified to the fact that location data from Chavez’s cellphone appears to place her at her mother’s house. The trial is ongoing.

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The UK Ministry of Justice is in the process of setting up a new digital forensics unit to examine seized mobile devices from prisons, according to John Oates of The Register. A 100 million pound investment is leading to increased security, which will hopefully lead to the seizure of more contraband devices. Claims of inmates using technology to access dark web sites, social media and send encrypted messages have arisen, with the improved security aimed at preventing these things.

This new digital forensics lab is reported to have the latest cutting-edge technology and aims to identify more prisoners who are using mobile devices while behind bars. One of the goals of the unit is to see how prisoners are using these devices and what potential role the device use has on criminal activity outside of prisons. The Register reports that yearly there are more than 20,000 phones seized from prisoners and approximately 1 in 3 phones are smartphones.

Additionally, the increased security investment will allow for prisons to have devices such as metal detectors, airport-style scanners, and phone blockers. The goal is to help crackdown on the criminals that continue to act criminally while incarcerated. In addition to increased security a 2.5 billion pound budget is being spent to increase prison capacity as well as create more modern and efficient jails, to aid in rehabilitation and reduce recidivism.

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KSHB, a local news channel in Kansas City, Missouri, recently gave us all an interesting look into the world of the FBI’s digital forensic capabilities. To put their story together, they spoke with Sarah Lucas, the director of one of the FBI’s Regional Computer Forensics Laboratories. Ms. Lucas shared that along with the equipment stationed in the lab the FBI has vans fitted with enough high tech gear to conduct forensic preservations and analysis in the field.

The article described the van as “a lab on four wheels with five computers inside”. Lucas went on to explain that the examiners are working on all types of cases including homicides, gang activity, corporate hacking and crimes against children. The mobile lab allows the FBI’s examiners to take their equipment to the crime scene and quickly turn around devices once preserved, protecting user’s data while still collecting all the evidence needed to help solve crimes. 

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According to a recent write up on jdsupra.com, a California Judge has denied a motion requesting the modification of a discovery order which grants Apple the authority to have full forensic images made of 10 iPhones. The plaintiffs made the motion as a response to concerns about the private data that would be included in a full forensic image of their devices. This data includes content such as photos, text messages, contact lists and passwords. Instead the plaintiffs requested that the scope of discovery be narrowed to include only “limited diagnostic data”. Counsel for Apple maintained that full forensic collections would be necessary for their case.

In the end the court denied the plaintiffs motion. The court found instead that because the plaintiffs “put the performance of the devices at the center of the lawsuit” and that because the order requires a neutral third party create the images and conduct the performance testing, any privacy violation was significantly lessened.   

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Police have obtained a search warrant for any recordings that occurred on multiple Alexa-enabled devices found in an apartment where a death occurred. As reported by TechSpot, police are hoping the recordings obtained during the timeframe of the incident will provide assistance in determining accidental death versus murder.

The 32 year old victim, Silvia Galva, was impaled with a 12-inch blade after an altercation with her boyfriend Reechard Crespo. Mr. Crespo claims the death happened as a result of him trying to drag Ms. Galva off his bed, and Galva grabbing a spear with a 12 inch blade attempting to stop herself from being pulled. He says the spear broke and impaled her chest. Crespo claims he pulled the blade out in an attempt to save her life but Galva died from the injuries.

This is not the first time police have requested data from Amazon’s Echo device in order to assist in a murder investigation. Amazon has stated their devices do not record unless they hear the work word “Alexa.” While chances are slim, the device may hold recordings vital to solving the case.

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With the wide array of Apple products available, ranging from computers, tablets, watches, and so on, it may be difficult to keep track of the devices you are currently signed on to with an Apple ID. Failing to keep track of these registered devices presents a potential security risk to the personal data stored on your account. It is possible to manage your list of registered Apple ID devices and remove suspicious or previous devices from your account altogether.

There are multiple reasons to perform a security check up on the Apple devices associated with your account. If a previous Apple device was lost, stolen, or given away, it is best to remove the device from being associated with your Apple ID to prevent unauthorized access to your personal data.

To check your registered devices on a computer, navigate to iCloud.com. From there, you will be prompted to login with your Apple ID credentials. Once logged in, you will select Account Settings. Under the My Devices section, you will see all devices signed in with your Apple ID.

Clicking on each device will give you additional information regarding the device such as the last five letters and numbers of the device serial number. You will also have the option to remove the device from your account, therefor disassociating it with your Apple ID.

To perform this checkup on an iPhone, navigate to the Settings application and click on your name at the top which contains your Apple ID information. From there, you will see the list of devices associated with your Apple ID account with the option to remove devices you don’t need anymore.

It is recommended to enable two factor authentication in order to access information stored on your Apple ID account. Doing so will send a verification code to devices currently signed in to your Apple ID account to provide an extra layer of security when authenticating users.

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A plea deal was accepted Tuesday October 29^th between prosecutors and the defense for Richmond attorney Claire Carr who killed three people on Route 288 last year.

The accident occurred on the night of June 27^th, 2018 when driver Linli Xu was traveling along Route 288 and hit a deer, causing her Mercedes vehicle to come to a stop in the left lane of travel. Two people stopped their cars and came to assist Xu. Prosecutors stated all three were off the roadway when the vehicle driven by Carr approached. The vehicle swerved to avoid hitting the disabled Mercedes, but instead drove into the three victims causing their death.

Presented evidence showed Carr using her cellular device to send an emoji “seconds before the collision.” Prosecutors added that according to Virginia distracted driving laws, it is “difficult to prove criminal negligence in cases like this one.”

Often, it is possible to obtain information stored on cellular devices leading up to a crash. By combining the time of the crash, and the timeline of events occurring on a cellular phone, a conclusion may be reached that the driver was distracted by their device.

Eventually, a plea deal was reached and Carr entered a guilty plea to one count of reckless driving with a one-year jail sentence. After acceptance of the plea deal, Carr will immediately begin serving her time in jail with release to work privileges during the week. In addition, Carr’s driving privileges were suspended for six months.

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On Monday October 21^st, a guilty verdict was handed down to Levente Lazar for the murder of his mother, Athena Valentiny. Electronic evidence, including GPS coordinates, Internet searches, and a burner cell phone, assisted the prosecution in establishing its case against the defendant. Jury foreperson Geri Lundy called the amount of evidence displayed “overwhelming.”

During the trial, the District Attorney’s Office alleged that Lazar stabbed his mother to death in order to obtain an inheritance before marrying his girlfriend.

The evidence presented included coordinates showing that Lazar drove from his home in Bloomington, IL to Grover Beach, CA where his mother worked as a nurse. The coordinates were obtained from a burner cell phone used by Lazar. An examination of Lazar’s past online searches showed multiple references to murder and inheritance. On his return trip home, he searched for news articles about the death of his mother before her body had even been discovered. Surveillance footage showed Lazar driving up to his mother’s condo and later in the day leaving her condo followed by her dog, which has not been located.

Jury foreperson Geri Lundy stated the evidence collected made the case against Lazar clear. Lundy went on to say “technology convicted him.”

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Last month, Wakulla County School District in Florida discovered a ransomware attack on their information systems that made their data inaccessible through a layer of encryption. WCTV reported a prompt was displayed on the computer systems seeking a ransom to access their data. The school district was forced to pay the ransom after the attack significantly impacted the district’s transportation program, food service program and library program.

Email accounts on the system were impacted as well; however a digital forensics team worked closely with school district officials to get the email systems restored within a couple of days.

Once it was decided the encrypted data could not be accessed, the district’s insurance company instructed officials to negotiate with the individuals responsible for the attack in order to obtain the decryption key. Ultimately, a deal was reached for an undisclosed amount.

The superintended of the school district stressed the importance of obtaining cybersecurity insurance as well as the need to keep all employees up to date with training and upgrading systems which are responsible for backing up the district’s data.

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