How Online Criminals Make Themselves Tough to Find, Near Impossible to Nab
The rise of new, easy-to-use antiforensic tools threatens to render computer forensics investigations cost-prohibitive and digital evidence-gathering unreliable in court.
Computer forensics in some ways is storytelling. After cordoning off the crime scene by imaging the hard drive, the investigator strings together circumstantial evidence left at the scene, and shapes it into a convincing story about who likely accessed and modified files and where and when they probably did it. Antiforensics, Liu argues, unravels that narrative. Evidence becomes so circumstantial, so difficult to have confidence in, that it’s useless. “The classic problem already with electronic crimes has been, How do you put the person you think committed a crime behind the guilty machine they used to commit the crime?” says Brian Carrier, another forensic researcher, who has worked for the Cerias infosecurity research program at Purdue University. Upending the presumption of reliability, he says, presents a more basic problem: How do you prove that machine is really guilty in the first place? “I’m surprised it hasn’t happened yet,” says Liu. “But it will.”
Under the current computing infrastructure, data is untrustworthy, then. The implications of this, of courts limiting or flat-out denying digital forensics as reliable evidence, can’t be understated. Without the presumption of reliability, prosecution becomes a more severe challenge and thus, a less appealing option. Criminals reasonably skilled with antiforensics would operate with a kind of de facto legal immunity.
Making It Not Worth It
Despite all that, casting doubt over evidence is just a
secondary benefit of antiforensics for criminals. Usually cases
will never get to the legal phase because antiforensics makes
investigations a bad business decision. This is the primary
function of antiforensics: Make investigations an exercise in
throwing good money after bad. It becomes so costly and
time-consuming to figure out what happened, with an
increasingly limited chance that figuring it out will be
legally useful, that companies abandon investigations and write
off their losses. “Business leaders start to say,
‘I can’t be paying $400 an hour for forensics that
aren’t going to get me anything in return,’”
says Liu. “The attackers know this. They contaminate the
scene so badly you’d have to spend unbelievable money to
unravel it. They make giving up the smartest business
decision.”
“You get to a point of diminishing returns,” says Sartin. “It takes time to figure it out and apply countermeasures. And time is money. At this point, it’s not worth spending more money to understand these attacks conclusively.”
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