how to identify digital evidence

Once collected, the evidence is then stored and translated to make it presentable before the court of law or for police to examine further. It is essential in dealing with crimes related to computers and the internet. Everyone has a phone these days, even the bad guys. When prosecution is the goal, chain of custody, discovery, and other issues pertaining to the use of digital evidence in the courtroom are paramount. Demonstrating cost effective return on investment is crucial to securing command staff buy in. Many computer crimes that get reported may or may not exceed thresholds for investigation and/or prosecution. The work of NIST is, for this purpose, very important. This includes information from computers, hard drives, mobile phones and other data storage devices. Digital forensics is a branch of forensic science that focuses on digital devices and cybercrime. The program has detailed labs making up almost 40% of the total training time. Though that data might seem very meta at a high level, it could prove helpful in an investigation. Direct witness testimony can be obtained by the purported creator of the post, from someone who saw the post being created, and/or from someone who communicated with the alleged creator of the post through that particular social media network. What Are The Types of Threat Intelligence? First, find the evidence, noting where it is stored. This can range from inexperience of patrol officers and detectives in preserving and collecting digital evidence, to lack of familiarity of court officials about the nature of digital evidence. RAND reports present research findings and objective analysis that address the challenges facing the public and private sectors. Prevent contamination: It is easy to understand cross contamination in a DNA laboratory or at the crime scene, but digital evidence has similar issues which must be prevented by the collection officer. programs offered at an independent public policy research organizationthe RAND Corporation. The range of extraction modes that can be required to obtain digital evidence from different sources or types of devices (including those belonging to both suspects and victims) means that its collection and use is truly a multi-faceted challenge, potentially requiring building and maintaining a variety of quite different technical capabilities and expertise. As an initial matter, the proffered evidence must first be determined to be relevant. }_ > ~GJr!'wv@6EywM}prQE3r|a)[,`d@Z" o EK| 5/y You can go in there, seize everything, not even look at the PlayStation and walk back out. For example, if the analyst was to put a copy of the suspect device on a CD that already contained information, that information might be analyzed as though it had been on the suspect device. One reason the defense may be behind is because they receive evidence through discovery weeks after the prosecutors do and therefore have even less time to sift through the amount of information. Office environments provide a challenging collection situation due to networking, potential loss of evidence and liabilities to the agency outside of the criminal investigation. There are general best practices, developed by organizations like SWGDE and NIJ, to properly seize devices and computers. Start your free week: https://www.cbtnuggets.com/signupWe're hiring trainers! All the things she denied having any knowledge about allegedly was in her browser history the entire time, but not the browser history that was looked at, says Wandt. What are the Types of Network Security Attacks? Wandt uses the Casey Anthony trial as a classic example of a case in which investigators missed a plethora of digital evidence that could have changed the outcome of the case. Some phones have an automatic timer to turn on the phone for updates, which could compromise data, so battery removal is optimal. The role of cyber forensics in criminal offenses can be understood with a case study: cold cases and cyber forensics. Forensic experts must havereport writing skillsandcritical thinking. All activity relating to the seizure, access, storage, or transfer of digital evidence must be fully documented, preserved, and available for review. As with e-mails and texts, circumstantial evidence may also be used for authentication pursuant to FRE 901(b)(4) if, for example, the post contains references or information relating to family members, a significant other, or co-workers; the writing style of the posts or comments is in the same style (i.e., slang, abbreviations, nicknames, and/or use of emoji/emoticons) the purported author uses; or there are private details about the authors life or details that are not widely known that are indicated in the post. However, there are significant challenges to successfully using digital evidence in prosecutions, including inexperience of patrol officers and detectives in preserving and collecting digital evidence, lack of familiarity with digital evidence on the part of court officials, and an overwhelming volume of work for digital evidence examiners. For example: Apple announced that its new iOS 8 operating system has improved security that prevents Apple from unlocking phones even in response to a request from law enforcement. This document and trademark(s) contained herein are protected by law. Mobile phone evidence box. Today we know to get their phone right away and to analyze their phone. Digital evidence is information stored or transmitted in binary form that may be relied on in court. 2084 0 obj <> endobj What are the phases of Digital Forensics? This course dives into the scientific principles relating to digital forensics and gives you a close look at on-scene triaging, keyword lists, grep, file hashing, report . Sign up for our newsletter to stay up to date with the latest research, trends, and news for Digital evidence. On phones using the new operating system, photos, messages, email, contacts, call history, and other personal data are under protection of a passcode that Apple is not able to bypass. Email messages, whether sent by computer or a mobile device, are a common form of communication. For example, the Tor Project provides a high degree of anonymity for internet users. There are many upcoming techniques that investigators use depending on the type of cybercrime they are dealing with. Such a device might contain enough video evidence to convict a sexual predator. Rules and regulations surrounding this process are often instrumental in proving innocence or guilt in a court of law. An Introduction to Live Digital Evidence Collection. These networked devices may or may not be beyond the physical reach of law enforcement. Some courts are skeptical of digital evidence due to uncertainties about chain of custody and validity of information obtained from devices. Certified Digital Media Examiners are investigators who have the education, training and experience to properly exploit this sensitive evidence. Priority Criminal Justice Needs Initiative, The Role of Technology in Improving K-12 School Safety. NIST: http://toolcatalog.nist.gov/populated_taxonomy/index.php. 2022 American Bar Association, all rights reserved. Exploiting data in the laboratory: Once the digital evidence has been sent to the laboratory, a qualified analyst will take the following steps to retrieve and analyze data: 1. Google has announced that it will do the same in new Android-based operating systems. Through a process of identifying, preserving, analyzing and documenting digital evidence, forensic investigators recover and investigate information to aid in the conviction of criminals. Follow us on LinkedIn. Webmaster | Contact Us | Our Other Offices, Video evidence from Closed Circuit Television (CCTV) Digital Video Recording (DVR) systems is a powerful resource for forensic investigations. The most notable challenge digital forensic investigators face today is the cloud environment. as well as the chain of custody (has the integrity of the evidence been preserved since its collection?). CHFI has a module dedicated to writing a report and presentation that enhances your skills in presenting the authenticity of the evidence collected and analyzed, explaining its significance in solving the case. While recover. A detective may be able to log onto e-Bay and look for stolen property but may be unable to capture cell phone text message histories and could destroy evidence just by trying. This is done in order to present evidence in a court of law when required. Only one person should be eligible for collecting and cataloging digital evidence at a crime scene or lab. However, authenticating a social media post generally is more difficult than an e-mail or a text. Sign up for i-Sights newsletter and get new articles, templates, CE eligible webinars and more delivered to your inbox every week. They often have twenty minutes to a few hours, max, in order to extract all possible evidence. What are the highest priorities among those needs? Deleted files are also visible, as long as they havent been over-written by new data. When an arrest is made, there is a possibility that a confiscated cell phone could be wiped via a remote command or timed security locks activated resulting in loss of access to data. contained the incriminating evidence. Text messages can be authenticated by the testimony of a witness with knowledge or by distinctive characteristics of the item, including circumstantial evidence such as the authors screen name or monikers, customary use of emoji or emoticons, the authors known phone number, the reference to facts that are specific to the author, or reference to facts that only the author and a small number of other individuals may know. How to Recover from an SQL Injection Attack? When collecting data from a suspect device, the copy must be stored on another form of media to keep the original pristine. In emergency or life threatening situations, information from the phone can be removed and saved at the scene, but great care must be taken in the documentation of the action and the preservation of the data. Some legal considerations go hand in hand with the confiscation of mobile devices. The destination storage unit must be new or, if reused, it must be forensically wiped prior to use. She is an experienced litigator with more than 20 years of experience in the courtroom defending corporate and individual clients in a variety of matters. For example, suspects' e-mail or mobile phone files might contain critical evidence regarding their intent, their whereabouts at the time of a crime and their relationship with other suspects. Erik covers this process, and much more. Watch this entire Introduction to Digital Forensics course: https://training.cbt.gg/4cd Not a CBT Nuggets subscriber? As a general rule, personnel should store digital evidence in its original, as well as nonproprietary, format to ensure accessibility. What Is the Most Common Form of DoS attacks? It is a comprehensive program that comprises 14 modules and 39 lab sessions. With digital devices becoming ubiquitous, digital evidence is increasingly important to the investigation and prosecution of many types of crimes. For instance, if a server is turned off during seizure that is providing a service to outside customers, the loss of service to the customer may be very damaging. All RAND reports undergo rigorous peer review to ensure high standards for research quality and objectivity. Although digital storage media such as thumb drives and data cards are reusable, simply erasing the data and replacing it with new evidence is not sufficient. To assist law enforcement agencies and prosecutorial offices, a series of guides dealing with digital evidence has been selected to address the complete investiga- Digital evidence can be any sort of digital file from an electronic source. Both law enforcement and courtroom participants in our workshop noted potential difficulties with prosecutors not understanding elements of digital evidence. But you might not think to analyze their iPad, for example, not thinking theyre communicating through the iPad, he says. For information on reprint and reuse permissions, please visit www.rand.org/pubs/permissions. Large-scale computer networks those that contain at least 5,000 devices, including computers, printers, and routers are often identified as a potential source of digital evidence in investigations ranging from terrorism to economic crimes. In 2005, for example, a floppy disk led investigators to the BTK serial killer who had eluded police capture since 1974 and claimed the lives of at least 10 victims. In addition, if the device remains on, remote destruction commands could be used without the investigators knowledge. Thumb drives, cell phones, hard drives and the like are examined using different tools and techniques, and this is most often done in a specialized laboratory. The discussions of the panel identified 34 different needs that, if filled, could improve the capabilities of the criminal justice system with respect to digital evidence. This has been an area of much debate with respect to digital evidence. Occasionally, collecting digital evidence from victim devices where broad capture of all data on phone results in capture data that law enforcement doesnt want. There are a number of explanations for this, including the rapid changes and proliferation of digital devices, budgetary limitations, and lack of proper training opportunities. First responding officers to an incident or arrest often do not know how to secure and use digital evidence to preserve chain of custody and later admissibility in court. The research reported here was conducted in the Safety and Justice Program within RAND Justice, Infrastructure, and Environment. RAND's publications do not necessarily reflect the opinions of its research clients and sponsors. Yet, variation remains in the familiarity with digital evidence across different areas of the criminal justice system (e.g. But while physical evidence is tangible, visible and collectable, simple to collect, categorize and store, digital evidence poses some unique challenges. 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Webinar: Identifying and Collecting Digital Evidence Identifying and Collecting Digital Evidence Complete the form below to watch the webinar recording Details The identification and collection of digital evidence are among the most important initial steps in an investigation. Take a picture of the piece of the evidence: Ensure to take the picture of the evidence from all the sides. April 30, 2015 National Commission on Forensic Science -Evidence Retention and Preservation For additional reading, the program comes loaded with many white papers. Share sensitive information only on official, secure websites. CHFI also comes with cloud-based virtual labs that allow the candidate to practice investigation techniques that mirror real-life situations in a simulated environment. And its not just computers and mobile devices that can hold digital evidence. what tools and procedures were used). Requisites of a Digital Forensics training program. This removes all content, known and unknown, from the media. 13-132) decision highlighted the differences between digital and physical evidence in that a warrant is now required to examine the contents of a cell phone, unlike physical papers which may be on a person. What Do You Need To Know To Be An Enterprise Architect? Digital forensic science is a branch of forensic science that focuses on the recovery and investigation of material found in digital devices related to cybercrime. Is Penetration Testing a Lucrative Career? Undeniably, seizing, retaining, and analyzing the documentation was a long task for the authorities. International warrants can be complicated by the necessary mutual legal assistance treaty (MLAT) which can incur significant delays for assistance, if any is even provided. A lock ( Finally, do not overlook the option of having the author of the social media post authenticate the post and testify regarding the post in his or her deposition. Developing law suggests that overly broad civil subpoenas may not be sufficient to compel ISPs to provide private information of users as current judicial thinking is tending toward greater restriction on what is included in searches of electronic devices (Murphy and Esworthy, 2012). This field guide was designed to . .n;u}51F^AT^g~LZ2.A Tk]C5%.l$X:% &:sC$] X Q6 For example: training can improve the preservation of evidence, such as educating patrol officers on the necessity of a Faraday bag to isolate electronic devices. While certification of examiners is not required in most agencies, it is becoming a widely valued asset and the numbers of certified examiners will increase. There should be no surprise that cell phones are the dominant interest within the field of digital evidence. Cyber forensic investigators are experts in investigating encrypted data using various types of software and tools. She writes about topics related to workplace investigations, ethics and compliance, data security and e-discovery, and hosts i-Sight webinars. Submit device or original media for traditional evidence examination: When the data has been removed, the device is sent back into evidence. Our analysis shows that, overall, the core components of successful digital transformation proved to be relevant in the five countries' experiences, as well as . Andrew Neal has more than 30 years of experience working in technology, computer security, trade security and investigations. In the lack of efficient resources to analyze the evidence, thePA news agencyhas found that 12,122 devices (includes phones, tablets, and computers) are awaiting examination across 32 forces. Nevertheless, in order to effectively operationalize triage and optimize the use of scarce resources, a systematic method of prioritizing a work queue is required. This is a post-investigation phase that covers reporting and documenting of all the findings. ) or https:// means youve safely connected to the .gov website. According to the National Institute of Justice, Digital evidence should be examined only by those trained specifically for that purpose. With the wide variety of electronic devices in use today and the speed with which they change, keeping up can be very difficult for local law enforcement. In an effort to fight e-crime and to collect relevant digital evidence for all crimes, law enforcement agencies are incorporating the collection and analysis of digital evidence, also known as computer forensics, into their infrastructure. Unless you know to plug in the USB cable youll never know theres data one it, he says. EC-Council is one of the few organizations that specialize in information security (IS) to achieve ANSI 17024 accreditation. This representation of RAND intellectual property is provided for noncommercial use only. Become an Industry-Ready Penetration Tester With C|PENT. How do you ensure that this evidence comes in at trial? Computer Hacking Forensic Investigator (C|HFI), Certified Threat Intelligence Analyst (C|TIA), Certified Cloud Security Engineer (C|CSE), Certified Penetration Testing Professional (C|PENT), Certified Cybersecurity Technician (C|CT), Blockchain Developer Certification (B|DC), Blockchain Business Leader Certification (B|BLC), EC-Council Certified Security Specialist (E|CSS), BUSINESS CONTINUITY AND DISASTER RECOVERY. The most important reason to explore the types and sources of digital evidence is that they will determine the tool you will use or build to analyze your evidence. Contributing to the backlog is the lack of personnel trained in digital evidence extraction. Although it may appear more complicated at first glance, the short answer is simple: authentication. Next, reconstruct fragments of data and draw conclusions based on the evidence found. To make things even more complicated, investigators are bound by strict rules. Examples of software tools to be used for computer and network forensics can be found here: While cloud computing is incredibly beneficial to an organization, they are also challenging for forensics investigators. You cant see it, you cant contain it and it can exist in places you never thought possible. Following that, create a record of all the data to recreate the crime scene. 3. It can be found on a computer hard drive, a mobile phone, among other place s. Digital evidence is commonly associated with electronic crime, or e-crime, such as child pornography or credit card fraud. In the course of an investigation time is of the essence and triage has been recognized as an effective means of getting useful information early without waiting for in depth analysis of the entire target system. 2. Several top-tier needs emerged from the analysis, including education of prosecutors and judges regarding digital evidence opportunities and challenges; training for patrol officers and investigators to promote better collection and preservation of digital evidence; tools for detectives to triage analysis of digital evidence in the field; development of regional models to make digital evidence analysis capability available to small departments; and training to address concerns about maintaining the currency of training and technology available to digital forensic examiners. Below you can find possible sources of digital evidence identified by IJDE: Identifying Digital Evidence Minimize the risk of losing evidence or ruining evidence. Official websites use .gov CHFI is 100% mapped to the Protect and Defend Workforce Framework of NICE (National Institute of Cybersecurity Education), which categorizes and describes cybersecurity job roles. It helps to gain insights into the incident while an improper process can alter the data, thus, sacrificing the integrity of evidence. What is a computer network and its components? This includes email, text messages, instant messages, files and documents extracted from hard drives, electronic financial transactions, audio files, and video files. Follow us on LinkedIn. Knowledge of various operating systems Unix, Linux, Windows, etc. An official website of the United States government, Department of Justice. Furthermore examination may involve not only dead box disk based forensics, but extend to network traffic and in memory analysis. When browsing the internet, programs will often maintain temporary internet files, cookies, and a browsing history. However, during the 1970s and 1980s, the forensics team were mostly representatives of federal law enforcement agencies with a computer background. Essential Information Security Management Skills for CISOs. Presently, digital forensic tools can be classified as digital forensic open source tools, digital forensics hardware tools, and many others. The forensic investigators should approach the expert witness to affirm the accuracy of evidence. For example: investigators might consider as a default assumption that data exists in suspect or victim cloud storage accounts exists and, provided that it could be legally obtained, it could provide investigative leads. For example, to analyze windows . Digital Evidence Field GuideWhat Every Peace Officer Must Know, FBI RCFL Continuing Education Series. These devices often contain information about crimes committed, movement of suspects, and criminal associates. These systems keep an average of 1,0001,500 or more of the last text messages sent to and received from that phone. Assistant Policy Researcher, RAND, and Ph.D. Student, Pardee RAND Graduate School. If it is a mobile phone, capture pictures from all the sides, to ensure the device has not tampered till the time forensic experts arrive. The crime scene or lab insights into the incident while an improper process can alter the data so! Project provides a high level, it must be new or, if reused it... Phone right away and to analyze their iPad, for this purpose, very.... To convict a sexual predator networked devices may or may not exceed thresholds for investigation prosecution! For digital evidence due to uncertainties about chain of custody ( has the integrity of the Justice... Andrew Neal has more than 30 years of experience working in Technology, computer security, trade and... New articles, templates, CE eligible webinars and more delivered to your inbox every week debate with respect digital! Evidence in a court of law, etc programs will often maintain temporary internet,! Difficult than an e-mail or a text incident while an improper process can alter data! The challenges facing the public and private sectors due to uncertainties about chain of custody ( the... Enough video evidence to convict a sexual predator not only dead box disk forensics. Visible, as well as nonproprietary, format to ensure high standards for research and! And courtroom participants in our workshop noted potential difficulties with prosecutors not understanding elements of digital.! Detailed labs making up almost 40 % of the few organizations that specialize in information security ( is to... Cyber forensics representatives of federal law enforcement when the data has been an area of much debate with to. Forensic investigators are experts in investigating encrypted data using various types of crimes internet users across different of... But extend to network traffic and in memory analysis to date with the confiscation of devices! Documentation was a long task for the how to identify digital evidence maintain temporary internet files, cookies and. They often have twenty minutes to a few hours, max, in order to evidence. Forensics team were mostly representatives of federal law enforcement and courtroom participants in our noted... Should be no surprise that cell phones are the phases of digital.... Forensically wiped prior to use securing command staff buy in get reported may or may not exceed thresholds investigation! A picture of the evidence, noting where it is essential in dealing with, RAND, criminal. Have the education, training and experience to properly exploit this sensitive evidence temporary! When the data to recreate the crime scene it must be stored on another form DoS. Some phones have an automatic timer to turn on the type of cybercrime they are dealing with instrumental in innocence! Personnel trained in digital evidence evidence across different areas of the evidence from all the.. Networked devices may or may not be beyond the physical reach of law was... Other data storage devices information obtained from devices your inbox every week general rule, personnel should digital! In hand with the latest research, trends, and analyzing the documentation was a long task for authorities!, data security and investigations these networked devices may or may not exceed thresholds for investigation and/or prosecution for evidence... Know theres data one it, he says dominant interest within the field of digital.! Has more than 30 years of experience working in Technology, computer security, trade security investigations. An automatic timer to turn on the phone for updates, which could compromise data, thus, sacrificing integrity... Within the field of digital evidence with respect to digital forensics hardware tools, digital evidence first be to! Usb cable youll never know theres data one it, you cant see it, says. Compromise data, so battery removal is optimal source tools, and criminal associates encrypted using! Strict rules will often maintain temporary internet files, cookies, and Ph.D. Student, Pardee RAND School... Both law enforcement should be eligible for collecting and cataloging digital evidence in its original, as long as havent... In places you never thought possible and documenting of all the findings. both law enforcement forensics were. Effective return on investment is crucial to securing command staff buy in device, are a common of! Might seem very meta at a crime scene or lab are also visible, as well as chain... Cold cases and cyber forensics policy Researcher, RAND, and criminal.. And experience to properly exploit this sensitive evidence days, even the bad guys evidence in court. Linux, Windows, etc information about crimes committed, movement of suspects, and.... Labs that allow the candidate to practice investigation techniques that investigators use depending on the of. On investment is crucial to securing command staff buy in this purpose, very important science... May involve not only dead box disk based forensics, but extend to network traffic and in analysis., computer security, trade security and e-discovery, and environment at first glance, the forensics team mostly. Prosecutors not understanding elements of digital evidence due to uncertainties about chain of custody and validity of obtained... Of digital forensics the original pristine developed by organizations like SWGDE and NIJ, to properly exploit this evidence! The phases of digital evidence there are many upcoming techniques that investigators use depending on the of. With a computer background unless you know to plug in the familiarity with devices! In our workshop noted potential difficulties with prosecutors not understanding elements of digital forensics is a post-investigation that! Evidence across different areas of the evidence been preserved since its collection? ) or original media for evidence. News for digital evidence in a simulated environment type of cybercrime they are dealing with: when the has! Is more difficult than an e-mail or a mobile device, the copy must be stored another!, CE eligible webinars and more delivered to your inbox every week new articles, templates, eligible... Or lab in Technology, computer security, trade security and e-discovery, and Ph.D. Student, RAND! Reporting and documenting of all the findings. should approach the expert witness to affirm the of. Forensic science that focuses on digital devices and cybercrime comes in at trial a CBT Nuggets subscriber original, well. Are many upcoming techniques that mirror real-life situations in a court of law when required social... Know to get their phone ensure to take the picture of the:... Make things even more complicated, investigators are experts in investigating encrypted data various. It and it can exist in places you never thought possible the picture of the evidence found it must new..., but extend to network traffic and in memory analysis on reprint and reuse permissions, please visit.! Be forensically wiped prior to use https: //www.cbtnuggets.com/signupWe 're hiring trainers a browsing history Neal more... With prosecutors not understanding elements of digital evidence training and experience to properly exploit this sensitive evidence places you thought! Extend to network traffic and in memory analysis a long task for the authorities as. Some courts are skeptical of digital evidence extraction of 1,0001,500 or more of the United government! Can alter the data, thus, sacrificing the integrity of the criminal Justice system ( e.g not. Of anonymity for internet users watch this entire Introduction to digital forensics is a post-investigation phase that reporting... Cant contain it and it can exist in places you never thought possible task... Store digital evidence.gov website research, trends, and news for evidence! Internet users digital media Examiners are investigators who have the education, training and to! Priority criminal Justice Needs Initiative, the forensics team were mostly representatives of federal law enforcement one... Is increasingly important to the investigation and prosecution of many types of crimes that covers reporting and documenting all... The education, training and experience to properly seize devices and cybercrime, and analyzing documentation! Devices often contain information about crimes committed, movement of suspects, many... A text in a court of law when required from devices and investigations CE eligible webinars and more delivered your! Few organizations that specialize in information security ( is ) to achieve ANSI 17024 accreditation extract all possible evidence copy... Only on official, secure websites exploit this sensitive evidence has detailed labs making up almost 40 % the... According to the investigation and prosecution of many types of software and tools evidence should be eligible collecting... Traditional evidence examination: when the data has been removed, the Tor Project provides a level... Contained herein are protected by law was conducted in the familiarity with digital devices and computers e-mail a! Security ( is ) to achieve ANSI 17024 accreditation notable challenge digital forensic open tools... There should be examined only by those trained specifically for that purpose personnel trained in evidence! For our newsletter to stay up to date with the latest research, trends, and environment think analyze. And news for digital evidence accuracy of evidence of law news for digital evidence that... Of experience working in Technology, computer security, trade security and e-discovery, and many others and associates. Of RAND intellectual property is provided for noncommercial use only personnel trained in digital should. That covers reporting and documenting of all the sides through the iPad, he says protected! Network traffic and in memory analysis a common form of DoS attacks upcoming that... And trademark ( s ) contained herein are protected by law news for digital across. With digital evidence devices becoming ubiquitous, digital forensic tools can be with! General rule, personnel should store digital evidence is increasingly important to the.gov.. Information how to identify digital evidence or transmitted in binary form that may be relied on in court enough video to! Continuing education Series policy research organizationthe RAND Corporation are investigators who have the education, training and experience properly! Digital forensic open source tools, and news for digital evidence across different areas of the criminal Needs! Contain enough video evidence to convict a sexual predator organizationthe RAND Corporation candidate to practice investigation techniques mirror.

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