Accreditation State/Local Perspective By Sgt. Troy Lawrence Fort Worth Police Department Digital Forensic Lab

Introduction & Disclaimer 28 years with Fort Worth Police Department 2000 began forensic career – single examiner 2001 IACIS CFCE certified 2003 created Computer Crime unit – 2 person unit Fought mandatory accreditation in Texas 2009 expanded to 5 detectives Joined IACIS Board of Directors – Secretary / Director of Training 2016 – 6/9 examiners 2017 – seeking accreditation options

Digital Evidence Biology Toxicology Drug Chemistry ISO 17025:2005 Lab Accreditation

What problem are we trying to solve? Has Digital Evidence been swept up in the accreditation of traditional sciences? 2009 NAS Report Are examiners performing a Science or an Investigation? Educational requirements?

What problem are we trying to solve? Are current labs doing an improper job of handling and reporting data? Would any of the mistakes been prevented if the examiners were in an accredited lab? Do remedies already exist?

Good synopsis from ASCLD/ANAB FAQ’s 28. Why did ASCLD/LAB and ANAB merge? “By combining the infrastructure and technical expertise of ASCLD/LAB and ANAB, we will be able to provide the forensic community with accreditation to harmonized requirements, which will in turn increase the confidence that the public and forensic service provider customers have in the results being provided to the criminal justice system.” How????

ASCLD-LAB’s Digital Evidence Sub-Disciplines Computer Forensics Forensic Video Image Analysis Forensic Audio

Define Digital Evidence? Automobile or airplane crash data? Cyber attacks to businesses or national infrastructure? Mobile phone download? Officer worn body cameras? Homeowner’s home security system or DVR? Victim receiving threatening ? Digital photos of a crime scene?

Mandatory Accreditation Positives: Force examiners to have written policies on how they will intake and process evidence Mandate departments invest in annual continuing education Gives the appearance of quality work

Mandatory Accreditation Negatives: Peer review from one person shops nearly impossible Doesn’t mandate universal training or examiner qualifications This is up to each lab – doesn’t make for good examiners If you think accreditation will increase public confidence, they are only getting a false sense of protection.

State and Local Perspective 12,501 Local Police Departments 3,063 Local Sheriff’s Departments IACIS has over 1900 current certified examiners (over 500 are single examiners in their US police department) Majority of forensics is done in 1-2 person digital forensic labs (agencies < 300 officers)

Troubling Accreditation Issues Labs write their own policies and training requirements If labs aren’t trusted to do their job now, thus the need for accreditation, why would we let them write their own policies

Troubling Accreditation Issues Personnel Selection Sworn vs Civilian Full-time vs Part-Time

Troubling Accreditation Issues How is Peer Review performed in a one person shop? Infrastructure Different policies/procedures between labs Turnaround time

Troubling Accreditation Issues There will be fewer departments processing DE. Backlogs will grow Increase in turnaround time Many supporters of accreditation come from large or regional labs. No perspective from smaller agencies Federal legislation will be pushed to state/local labs Grants withheld State legislatures following federal lead

How to Strengthen Digital Evidence? Focus on minimum training standards for all examiners. Focus on minimum certification standards for all examiners Vendor neutral, published competencies, peer-reviewed, code of ethics Establish curriculum for undergraduate/graduate degrees Strengthen Daubert requirements Focus on the individual performing the examination and not the building where he/she works.

How to Strengthen Digital Evidence? If accreditation is mandated, limit it to the imaging of the original evidence rather than the analysis. Case agent review of the evidence The approach to each case is different Greater buy in from state/locals departments Achievable Public perception is increased (confidence in the system)

How to Strengthen Digital Evidence? Would you pick a brain surgeon based on the doctor’s qualifications/specialty Or Rely on the local hospital to make up their own requirements?

Digital Evidence Biology Toxicology Drug Chemistry ISO 17025:2005 Lab Accreditation