The Enron case is now in the hands of the jury. But,
long after a verdict is reached, prosecutors and
investigators will study computer forensics and how it
helped unravel a complex web of fraud and deceit. Many of
the issues surround the destruction of documents and the
ultimate retrieval of them through technologies that allow
experts to rummage through computer hardware.
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Ken Silverstein
EnergyBiz Insider
Editor-in-Chief |
The science is now known to a larger audience through
popular television programs. In the end, the bad guys get
caught and justice is done. By searching for information
in hidden places in which any average user would be
unaware, investigators can find deleted emails and word
documents. And the only way to permanently get rid of them
is by over-writing the incriminating evidence, which is
difficult given the size of hard drives.
"The best way to erase data is take the computer in the
back and take a sledge hammer to it," says John Wiechman,
president of Dallas-based TLSI, a computer forensics firm
that is part of a team looking at Enron's computer files.
Basically, information written and stored on a computer is
multiplied many times over, making it relatively easy to
find for anyone educated in the ways of computer science.
In the case of Enron and its former auditor, Arthur
Andersen, computer forensic specialists combed through
their e-mails, word documents and spreadsheets. Andersen
says it began deleting Enron e-mails on Oct. 23, 2001 and
stopped on Nov. 9, 2001, although sleuths have been able
to recover messages sent eight months earlier. Forensic
firms looked at hundreds of computers at Enron alone, with
each one having between the equivalent of 1 million and
2.5 million pieces of paper associated with it.
Many times, computer forensics is intended to help
companies retrieve information that is the result of human
error and hard-drive failures. According to TLSI, lost
information is a huge problem, as 74 percent of all
companies that have a major or complete loss of data will
be out of business in 12 to 18 months. But missing data
can also be a function of malfeasance. According to
Computer Security Institute, more than 60 percent of
businesses have been hit with financial losses related to
theft of proprietary information, such as intellectual
property.
Deleted emails are not particularly difficult to
recover. Multiple copies often exist and can be found on
both individual and corporate hard-drives as well as any
number of servers. If the need would arise, investigators
start by copying corporate recordings of emails before
going on to look at the hard-drives of suspected
individuals. That data is then transferred en masse to a
back-up file.
"Discovery has been changed forever by data technology
and recovery technology," says Mark Burge, partner in the
firm of Bodoin, Burnside and Burge in Fort Worth. "It
allows attorneys to prove their cases in ways they have
not even thought about."
Relatively New
Computer forensics is similar to the card-catalogue
system at the library. The card that details exactly where
the information is and what its details contain can be
lost but the books and other materials will still remain
on the shelves. With the right skills and some detective
work, the information can be captured. The cost to recover
data depends on the size of the hard drive. But those
between 10 gigabytes and 40 gigabytes cost generally
between $550 and $3,000 to analyze, says forensics firm
TLSI.
Most sabotage is done internally, which is why TLSI's
Weichman says that utilities should have vigilant internal
oversight with highly learned staff. It's an investment
that he says is cheaper than the loss of valuable
information such as intellectual property, client lists or
proprietary formulas.
But, companies need to remain on alert for external
invasions. Utilities, for example, must dispose of older
computers. While many folks think that deleting
information or reformatting the hard-drive is enough, it
is not. If confidential information gets out, companies
are faced with enormous liabilities.
"The used hardware market is literally swarming with
sensitive personal information," says Michael Kessler,
President and CEO of Kessler International. "Social
Security numbers, credit card information, confidential
health care dossiers... you name it, it's out there, and
it's easily available to people with the right tools."
Kessler adds that hard drives should be transformed
into "a pile of rubble" if the decision is made to dispose
of them. Beyond that, companies should use a disk
sanitization tool to completely overwrite and remove data.
And, finally, the computer should be "retired" with a
reputable computer recycling facility.
Computer forensics is still relatively new. Traditional
law enforcement agencies are less experienced at the
science or they have not yet updated their investigation
units. Computer forensics firms, however, are working to
train folks who can deliver testimony that will stand up
in court. Moreover, the field is always advancing and must
continually stay one step ahead of tools that could be
used to foil investigators. Forensic programs, meantime,
are now front and center at some schools while businesses
are training workers in this area, too.
Companies are living and learning. And for the vast
majority, having knowledge of computer forensics goes a
long way to prevent corporate theft. For others, such as
Enron, the science can lead to the discovery of damaging
information that will be used in court.
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