homepage
Open menu
Go one level top
  • Train and Certify
    Train and Certify

    Immediately apply the skills and techniques learned in SANS courses, ranges, and summits

    • Overview
    • Courses
      • Overview
      • Full Course List
      • By Focus Areas
        • Cloud Security
        • Cyber Defense
        • Cybersecurity and IT Essentials
        • DFIR
        • Industrial Control Systems
        • Offensive Operations
        • Management, Legal, and Audit
      • By Skill Levels
        • New to Cyber
        • Essentials
        • Advanced
        • Expert
      • Training Formats
        • OnDemand
        • In-Person
        • Live Online
      • Course Demos
    • Training Roadmaps
      • Skills Roadmap
      • Focus Area Job Roles
        • Cyber Defense Job Roles
        • Offensive Operations Job Roles
        • DFIR Job Roles
        • Cloud Job Roles
        • ICS Job Roles
        • Leadership Job Roles
      • NICE Framework
        • Security Provisionals
        • Operate and Maintain
        • Oversee and Govern
        • Protect and Defend
        • Analyze
        • Collect and Operate
        • Investigate
        • Industrial Control Systems
      • European Skills Framework
    • GIAC Certifications
    • Training Events & Summits
      • Events Overview
      • Event Locations
        • Asia
        • Australia & New Zealand
        • Latin America
        • Mainland Europe
        • Middle East & Africa
        • Scandinavia
        • United Kingdom & Ireland
        • United States & Canada
      • Summits
    • OnDemand
    • Get Started in Cyber
      • Overview
      • Degree and Certificate Programs
      • Scholarships
      • Cyber Aces
    • Cyber Ranges
  • Manage Your Team
    Manage Your Team

    Build a world-class cyber team with our workforce development programs

    • Overview
    • Why Work with SANS
    • Group Purchasing
    • Build Your Team
      • Team Development
      • Assessments
      • Private Training
      • Hire Cyber Professionals
      • By Industry
        • Health Care
        • Industrial Control Systems Security
        • Military
    • Leadership Training
  • Security Awareness
    Security Awareness

    Increase your staff’s cyber awareness, help them change their behaviors, and reduce your organizational risk

    • Overview
    • Products & Services
      • Security Awareness Training
        • EndUser Training
        • Phishing Platform
      • Specialized
        • Developer Training
        • ICS Engineer Training
        • NERC CIP Training
        • IT Administrator
      • Risk Assessments
        • Knowledge Assessment
        • Culture Assessment
        • Behavioral Risk Assessment
    • OUCH! Newsletter
    • Career Development
      • Overview
      • Training & Courses
      • Professional Credential
    • Blog
    • Partners
    • Reports & Case Studies
  • Resources
    Resources

    Enhance your skills with access to thousands of free resources, 150+ instructor-developed tools, and the latest cybersecurity news and analysis

    • Overview
    • Webcasts
    • Free Cybersecurity Events
      • Free Events Overview
      • Summits
      • Solutions Forums
      • Community Nights
    • Content
      • Newsletters
        • NewsBites
        • @RISK
        • OUCH! Newsletter
      • Blog
      • Podcasts
      • Summit Presentations
      • Posters & Cheat Sheets
    • Research
      • White Papers
      • Security Policies
    • Tools
    • Focus Areas
      • Cyber Defense
      • Cloud Security
      • Digital Forensics & Incident Response
      • Industrial Control Systems
      • Cyber Security Leadership
      • Offensive Operations
  • Get Involved
    Get Involved

    Help keep the cyber community one step ahead of threats. Join the SANS community or begin your journey of becoming a SANS Certified Instructor today.

    • Overview
    • Join the Community
    • Work Study
    • Teach for SANS
    • CISO Network
    • Partnerships
    • Sponsorship Opportunities
  • About
    About

    Learn more about how SANS empowers and educates current and future cybersecurity practitioners with knowledge and skills

    • SANS
      • Overview
      • Our Founder
      • Awards
    • Instructors
      • Our Instructors
      • Full Instructor List
    • Mission
      • Our Mission
      • Diversity
      • Scholarships
    • Contact
      • Contact Customer Service
      • Contact Sales
      • Press & Media Enquiries
    • Frequent Asked Questions
    • Customer Reviews
    • Press
    • Careers
  • Contact Sales
  • SANS Sites
    • GIAC Security Certifications
    • Internet Storm Center
    • SANS Technology Institute
    • Security Awareness Training
  • Search
  • Log In
  • Join
    • Account Dashboard
    • Log Out
  1. Home >
  2. Blog >
  3. The Future of Digital Forensics
370x370_Ryan-Johnson.jpg
Ryan Johnson

The Future of Digital Forensics

May 8, 2009

Looking around the field of Digital Forensics today, there are a number of states enacting legislation requiring Digital Forensic Practitioners to be licensed by or at least regulated by the bureaucracies that regulate Private Investigators. It's unfortunate but not surprising. Many blogs have been written about it; many people in the Digital Forensics field have complained about it. Nevada has a bill pending, AB 490, that "revises certain qualifications for the licensure of private investigators," so that applicants can include digital forensics experience in license applications. The PI licensing requirement issue is still being legislated in Texas. There are other states, almost weekly having discussions about doing the same thing. Thankfully, there are those states who see this as a silly thing to do and recognize that the benefits that they wish to attain by licensing in this manner, will not be attained. The truth of the matter is that it could do much more harm than good.

My home territory for my Digital Forensics practice is North Carolina. Two weeks ago, a bill appeared before the North Carolina Senate Judiciary committee that sought to license Digital Forensics under the Private Protective Services Board (PPSB). The way this bill was written would essentially have made it possible for the PPSB to set minimum criteria for practitioner-applicants. It would have allowed them to decide what training was "approved" for North Carolina and in fact, would have given them the capability to approve or not approve instructors! While aggravating, that issue was not the biggest opposition that I had to the bill. The real issue in North Carolina, as I believe it is in other states considering this type of legislation, is that there it makes no sense for PI boards to regulate an accredited forensic science. Do the PI boards regulate DNA labs? Do they regulate forensic accountants? What about forensic anthropologists? The list, as you can imagine, is long.

What is it about our field that they feel they have the right to try to cherry-pick our discipline of forensic science for oversight under their umbrella?

Well, there are several factors:

  1. They think that there is an excess of individuals marketing themselves as "Computer Forensics Examiners" who don't have the requisite skills, background and training. A number of the "reported events" are generated from PIs who are venturing into the field of forensics as a value-added service to clients. These PIs who are doing this have a vested interest in tightening the market by restricting this forensic function to those that carry PI licenses. Since most Digital Forensics practitioners don't have the background to obtain a PI license, they would essentially be dismissed from practicing in these individual states.
  2. There is a lack of understanding of what it is that professionals in our field actually do. Who's at fault for that? We are! Those that practice in our field have not adequately communicated that what we do is a forensic science, not an "investigative" service.
  3. We are too many disparate groups with no nationally unifying body. Boiling it down: WE ARE NOT ORGANIZED. I hear the same tired arguments coming from the PI lobby over and over again. "There needs to be oversight on Digital Forensics so that the public trust can be protected." If we are not going to do this ourselves, others will be more than happy to do it for us. I can't see any reason why PI boards would refuse a larger membership - regardless of the capability to really protect the public from "bad-apples."

Thankfully, during the last meeting the North Carolina Senate Judiciary committee saw the flaws in PPSB's reasoning and I was able to convince one Senator to offer an amendment to the bill that stripped out the language that would have put Digital Forensics under the PPSB.

How did this happen?

I expressed to the Senators on the committee that the PI board was not the right place for our oversight. As a Digital Forensics practitioner, I have absolutely no issues with oversight and accreditation; I just want it to be by peers who actually understand the field of science! During my testimony, I expressed that there was already a "consortium" of bodies that represent our field who are trying to come together to provide a national set of minimum standards. A harmonized code of ethics, a unified grievance procedure and a compendium of recognized certifications. Most of us already belong to one or more of these organizations. Some of the bodies that are participating in this process (currently referred to as CDFS: The Council of Digital Forensic Specialists) include many of the current market leaders in this field. They are involved in discussions on how to provide the oversight that many states want to force on us through the PI boards and in less than a year they have made many significant steps....but there needs to be more.

The associations included in the Council of Digital Forensics Specialists currently include:

  • Association of Litigation Support Professionals (ALSP)
  • Champlain College Center for Digital Investigation (C3DI)
  • Computer Technology Investigators Network (CTIN)
  • Digital Computer Forensics Board (DCFB)
  • Florida Association of Computer Crime Investigators (FACCI)
  • High Tech Crime Consortium (HTCC)
  • High Tech Crime Network (HTCN)
  • High Technology Crime Investigation Association (HTCIA)
  • International Information Systems Forensics Association (IISFA)
  • International Society of Forensic Computer Examiners (ISFCE)
  • Law Enforcement and Emergency Services Video Association (LEVA)
  • SANS (SysAdmin, Audit, Network, Security) Institute (SANS)
  • Wisconsin Association of Computer Crime Investigators (West) (WACCI)
  • Women in eDiscovery (WIED)

So, what can we do to stop the trend of PI-based requirements elsewhere?

We can bind together and suggest to those we pay our membership dues to or to those we pay for our certifications, that THEY need to move toward creating a national accrediting body. For those organizations who have expressed interest in this body, I suggest that they have to move FASTER. For those noticeably absent from the above list, we need to tell them to get on board! I am not saying that we need to only have ONE certification. I am not saying that ALL of the individual policies of the member groups have to be the same. I am not advocating for the dissolution of member organizations in the goal of creating one giant organization. What I am saying is that the member organizations pretty much play by the same rules. We have similar minimum standards. We have similar codes of ethics. We recognize that there are plenty of certifications available in our field and that they all have a place in our discipline. First things first: we need to get all organizations to agree to the NEED to adhere to a universal minimum standard.

Then, we need to get a consensus on:

  1. Minimum Standards for Practice
  2. A UNIFIED Code of Ethics
  3. Unified Grievance Procedures - with REAL penalties for violations
  4. A list of recognized certifications

So if it makes sense, what's the hold up? An EXCELLENT question! The truth is that an undertaking like this is not without its difficulties. Not the first of which is that most folks on the executive committees from member groups, have day jobs. They perform administrative tasks for their organizations in their "free time". Thus, creating a governing body is an addition of labor and responsibilities to their already full plates. The second is a little bit of protectionism. Individual groups rightly want to protect their revenue streams. I don't think anyone begrudges that. But the truth is that getting this off the ground doesn't require as much work as most people think and there doesn't have to be a dramatic affect to revenue streams. Let's face it, if the executives know that it is the will of their membership to push for a national body, then I think they will listen. After all, no one wants to be left behind if all the other representative bodies participate!

So what am I asking?

First: call or email those on the boards of directors for the Digital Forensics groups you belong to. In most, if not all cases, you pay to attain and keep your certification. The move toward a national body is very important to our field. It happens in every 'new' field after a certain amount of time - it's our turn now.

Second: watch what your state is doing in terms of regulating Digital Forensics. Your's wouldn't be the first state to wake up one day and find their jobs packaged neatly under the PI statutes! If your state is considering regulating Digital Forensics under the PI regulatory body, don't sit idly by while it passes, tell your Senators and Representatives that it makes more sense for us to regulate ourselves. Tell everyone who practices in your state what's going on. It is common that this type of legislation is a result of "agency bills". These bills don't necessarily get the appropriate amount of scrutiny. If you are not there to point out the errors, who will? But there is also a PREEMPTIVE way to fight this.

What is my vision?

I envision simple laws that work to protect the public interest and allow us to grow as a cohesive unit. Imagine a law in YOUR state that says that you are free to practice, if you maintain accreditation from a national organization that represents our field. Wow.....being regulated by those that UNDERSTAND what we do! It's a revolutionary idea, I know! And what if we could get ALL states to agree that this is the best solution?!?! What? Reciprocity? Wow...another revolutionary idea! Digital evidence is not constrained by state lines, so doesn't it make sense that accredited professionals in our field are also not constrained by state lines? Add to that, the fact that digital evidence is not constrained by Country borders and in and of itself it shows that this accrediting body needs to also consider expanding beyond the United States and become an International Organization. Rob Lee from SANS, Toby Finnie from HTCC and Jody Westby from Global Cyber Risk and others have been working tirelessly to get everyone organized and achieve this end goal. We can't make this happen on our own. We were successful in getting a reprieve in North Carolina while we develop a "governing body". There are several other states that were successful in doing the same thing. We can spread the effect if we come together.

It's finally time to start looking after ourselves as a group, instead of several smaller groups of individuals.

It's power in numbers.

It's necessary.

It's beneficial to ALL practitioners.

And with your help, we can make it happen.

Ryan Johnson is a Senior Forensic Consultant for Forward Discovery, a global leader in computer forensics, incident response, and e-Discovery. Ryan manages operations in the North Carolina office and teaches classes on digital forensics in classrooms around the world.

Share:
TwitterLinkedInFacebook
Copy url Url was copied to clipboard
Subscribe to SANS Newsletters
Receive curated news, vulnerabilities, & security awareness tips
United States
Canada
United Kingdom
Spain
Belgium
Denmark
Norway
Netherlands
Australia
India
Japan
Singapore
Afghanistan
Aland Islands
Albania
Algeria
American Samoa
Andorra
Angola
Anguilla
Antarctica
Antigua and Barbuda
Argentina
Armenia
Aruba
Austria
Azerbaijan
Bahamas
Bahrain
Bangladesh
Barbados
Belarus
Belize
Benin
Bermuda
Bhutan
Bolivia
Bonaire, Sint Eustatius, and Saba
Bosnia And Herzegovina
Botswana
Bouvet Island
Brazil
British Indian Ocean Territory
Brunei Darussalam
Bulgaria
Burkina Faso
Burundi
Cambodia
Cameroon
Cape Verde
Cayman Islands
Central African Republic
Chad
Chile
China
Christmas Island
Cocos (Keeling) Islands
Colombia
Comoros
Cook Islands
Costa Rica
Croatia (Local Name: Hrvatska)
Curacao
Cyprus
Czech Republic
Democratic Republic of the Congo
Djibouti
Dominica
Dominican Republic
East Timor
East Timor
Ecuador
Egypt
El Salvador
Equatorial Guinea
Eritrea
Estonia
Ethiopia
Falkland Islands (Malvinas)
Faroe Islands
Fiji
Finland
France
French Guiana
French Polynesia
French Southern Territories
Gabon
Gambia
Georgia
Germany
Ghana
Gibraltar
Greece
Greenland
Grenada
Guadeloupe
Guam
Guatemala
Guernsey
Guinea
Guinea-Bissau
Guyana
Haiti
Heard And McDonald Islands
Honduras
Hong Kong
Hungary
Iceland
Indonesia
Iraq
Ireland
Isle of Man
Israel
Italy
Jamaica
Jersey
Jordan
Kazakhstan
Kenya
Kiribati
Korea, Republic Of
Kosovo
Kuwait
Kyrgyzstan
Lao People's Democratic Republic
Latvia
Lebanon
Lesotho
Liberia
Liechtenstein
Lithuania
Luxembourg
Macau
Macedonia
Madagascar
Malawi
Malaysia
Maldives
Mali
Malta
Marshall Islands
Martinique
Mauritania
Mauritius
Mayotte
Mexico
Micronesia, Federated States Of
Moldova, Republic Of
Monaco
Mongolia
Montenegro
Montserrat
Morocco
Mozambique
Myanmar
Namibia
Nauru
Nepal
Netherlands Antilles
New Caledonia
New Zealand
Nicaragua
Niger
Nigeria
Niue
Norfolk Island
Northern Mariana Islands
Oman
Pakistan
Palau
Palestine
Panama
Papua New Guinea
Paraguay
Peru
Philippines
Pitcairn
Poland
Portugal
Puerto Rico
Qatar
Reunion
Romania
Russian Federation
Rwanda
Saint Bartholemy
Saint Kitts And Nevis
Saint Lucia
Saint Martin
Saint Vincent And The Grenadines
Samoa
San Marino
Sao Tome And Principe
Saudi Arabia
Senegal
Serbia
Seychelles
Sierra Leone
Sint Maarten
Slovakia
Slovenia
Solomon Islands
South Africa
South Georgia and the South Sandwich Islands
South Sudan
Sri Lanka
St. Helena
St. Pierre And Miquelon
Suriname
Svalbard And Jan Mayen Islands
Swaziland
Sweden
Switzerland
Taiwan
Tajikistan
Tanzania
Thailand
Togo
Tokelau
Tonga
Trinidad And Tobago
Tunisia
Turkey
Turkmenistan
Turks And Caicos Islands
Tuvalu
Uganda
Ukraine
United Arab Emirates
United States Minor Outlying Islands
Uruguay
Uzbekistan
Vanuatu
Vatican City
Venezuela
Vietnam
Virgin Islands (British)
Virgin Islands (U.S.)
Wallis And Futuna Islands
Western Sahara
Yemen
Yugoslavia
Zambia
Zimbabwe

By providing this information, you agree to the processing of your personal data by SANS as described in our Privacy Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Tags:
  • Digital Forensics and Incident Response

Related Content

Blog
blog_340x340_Digital_Forensics_Salary_Skills_and_Career_Path.jpg
Digital Forensics and Incident Response
March 30, 2023
Digital Forensics Salary, Skills, and Career Path
How to become a digital forensic analyst
thomas.jpg
Thomas Wolfe
read more
Blog
N2C_Blog_Image.png
Penetration Testing and Red Teaming, Cyber Defense, Cybersecurity and IT Essentials, Open-Source Intelligence (OSINT), Digital Forensics and Incident Response
March 14, 2023
A Visual Summary of SANS New2Cyber Summit 2023
Check out these graphic recordings created in real-time throughout the event for SANS New2Cyber Summit 2023
370x370-person-placeholder.png
Alison Kim
read more
Blog
Untitled_design-43.png
Digital Forensics and Incident Response, Cybersecurity and IT Essentials, Industrial Control Systems Security, Purple Team, Open-Source Intelligence (OSINT), Penetration Testing and Red Teaming, Cyber Defense, Cloud Security, Security Management, Legal, and Audit
December 8, 2021
Good News: SANS Virtual Summits Will Remain FREE for the Community in 2022
They’re virtual. They’re global. They’re free.
370x370-person-placeholder.png
Emily Blades
read more
  • Register to Learn
  • Courses
  • Certifications
  • Degree Programs
  • Cyber Ranges
  • Job Tools
  • Security Policy Project
  • Posters & Cheat Sheets
  • White Papers
  • Focus Areas
  • Cyber Defense
  • Cloud Security
  • Cybersecurity Leadership
  • Digital Forensics
  • Industrial Control Systems
  • Offensive Operations
Subscribe to SANS Newsletters
Receive curated news, vulnerabilities, & security awareness tips
United States
Canada
United Kingdom
Spain
Belgium
Denmark
Norway
Netherlands
Australia
India
Japan
Singapore
Afghanistan
Aland Islands
Albania
Algeria
American Samoa
Andorra
Angola
Anguilla
Antarctica
Antigua and Barbuda
Argentina
Armenia
Aruba
Austria
Azerbaijan
Bahamas
Bahrain
Bangladesh
Barbados
Belarus
Belize
Benin
Bermuda
Bhutan
Bolivia
Bonaire, Sint Eustatius, and Saba
Bosnia And Herzegovina
Botswana
Bouvet Island
Brazil
British Indian Ocean Territory
Brunei Darussalam
Bulgaria
Burkina Faso
Burundi
Cambodia
Cameroon
Cape Verde
Cayman Islands
Central African Republic
Chad
Chile
China
Christmas Island
Cocos (Keeling) Islands
Colombia
Comoros
Cook Islands
Costa Rica
Croatia (Local Name: Hrvatska)
Curacao
Cyprus
Czech Republic
Democratic Republic of the Congo
Djibouti
Dominica
Dominican Republic
East Timor
East Timor
Ecuador
Egypt
El Salvador
Equatorial Guinea
Eritrea
Estonia
Ethiopia
Falkland Islands (Malvinas)
Faroe Islands
Fiji
Finland
France
French Guiana
French Polynesia
French Southern Territories
Gabon
Gambia
Georgia
Germany
Ghana
Gibraltar
Greece
Greenland
Grenada
Guadeloupe
Guam
Guatemala
Guernsey
Guinea
Guinea-Bissau
Guyana
Haiti
Heard And McDonald Islands
Honduras
Hong Kong
Hungary
Iceland
Indonesia
Iraq
Ireland
Isle of Man
Israel
Italy
Jamaica
Jersey
Jordan
Kazakhstan
Kenya
Kiribati
Korea, Republic Of
Kosovo
Kuwait
Kyrgyzstan
Lao People's Democratic Republic
Latvia
Lebanon
Lesotho
Liberia
Liechtenstein
Lithuania
Luxembourg
Macau
Macedonia
Madagascar
Malawi
Malaysia
Maldives
Mali
Malta
Marshall Islands
Martinique
Mauritania
Mauritius
Mayotte
Mexico
Micronesia, Federated States Of
Moldova, Republic Of
Monaco
Mongolia
Montenegro
Montserrat
Morocco
Mozambique
Myanmar
Namibia
Nauru
Nepal
Netherlands Antilles
New Caledonia
New Zealand
Nicaragua
Niger
Nigeria
Niue
Norfolk Island
Northern Mariana Islands
Oman
Pakistan
Palau
Palestine
Panama
Papua New Guinea
Paraguay
Peru
Philippines
Pitcairn
Poland
Portugal
Puerto Rico
Qatar
Reunion
Romania
Russian Federation
Rwanda
Saint Bartholemy
Saint Kitts And Nevis
Saint Lucia
Saint Martin
Saint Vincent And The Grenadines
Samoa
San Marino
Sao Tome And Principe
Saudi Arabia
Senegal
Serbia
Seychelles
Sierra Leone
Sint Maarten
Slovakia
Slovenia
Solomon Islands
South Africa
South Georgia and the South Sandwich Islands
South Sudan
Sri Lanka
St. Helena
St. Pierre And Miquelon
Suriname
Svalbard And Jan Mayen Islands
Swaziland
Sweden
Switzerland
Taiwan
Tajikistan
Tanzania
Thailand
Togo
Tokelau
Tonga
Trinidad And Tobago
Tunisia
Turkey
Turkmenistan
Turks And Caicos Islands
Tuvalu
Uganda
Ukraine
United Arab Emirates
United States Minor Outlying Islands
Uruguay
Uzbekistan
Vanuatu
Vatican City
Venezuela
Vietnam
Virgin Islands (British)
Virgin Islands (U.S.)
Wallis And Futuna Islands
Western Sahara
Yemen
Yugoslavia
Zambia
Zimbabwe

By providing this information, you agree to the processing of your personal data by SANS as described in our Privacy Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
  • © 2023 SANS™ Institute
  • Privacy Policy
  • Contact
  • Careers
  • Twitter
  • Facebook
  • Youtube
  • LinkedIn