What is Chain of Custody?

The Cybersecurity Chain of Custody is similar to the legal chain of custody. It is a record of the ownership of a digital asset, like data, as it is transferred between individuals or organisations, together with the precise date, time, and reason for the transfer. Organisations typically establish a chain of custody rules to manage risk and enhance infrastructure security by adhering to the Cybersecurity Framework (CSF) or National Institute of Rules and Technology (NIST) requirements.  

Importance of Chain of Custody in Cyber Security 

In cybersecurity, the chain of custody procedure is essential since it verifies the asset’s integrity. Without a suitable chain of custody, threat actors may gain unauthorised access to the organisation’s digital infrastructure from any location, raising concerns about the systems’ integrity. The organisation’s management should possess comprehensive documentation of each operator to ensure that the operators handling the assets are held responsible for their activities. 

The chain of custody for digital evidence is essential in legal proceedings because it keeps the evidence undisturbed. After a cyber event, digital evidence should be carefully recorded and kept up to date until the court’s final legal procedures. If not, substantial evidence may be excluded since there may not be a strong enough chain of custody to support its veracity.  

Purpose and Steps of Chain of Custody in Cyber Security 

A chain of custody must be established to protect an organisation’s assets or evidence, beginning with the collection and continuing through analysis, reporting, and court presentation. Evidence transferred to new individuals or organisations frequently has its metadata, including timestamps, changed. Therefore, it becomes essential to record its condition as soon as it is collected.  

1. Data Collection: After a cyberattack or exploit, the chain of custody begins with collecting evidence and its state. Each acquired evidence must have a label with its source, the time of its collection, where it is kept, and who has access to it. All of these details should be documented to preserve the integrity of the evidence.  
2. Examination: The examination of the captured evidence should be precisely documented. This step includes recording the complete process, who examined it, and the evidence discovered.  
3. Analysis: The collected proof is then transferred for analysis, and each step is re-recorded. Analysts use digital forensics tools to reverse engineer the origin of the evidence and generate unbiased conclusions, which are documented. 
4. Reporting: The final step is to report the discoveries to the court in a professional digital forensics report, following standards set by organisations like the National Institute of Standards and Technology. The report should contain critical aspects of the chain of custody, including the tools to gather and process the proof, the chain of custody statement, a master list of the data sources, uncovered issues and vulnerabilities, and the next possible steps. All of this adds to the authenticity and legitimacy of the evidence and makes it presentable to the court.   

Role of the Chain of Custody in Cyber Security 

Whether the evidence is digital or tangible, there must be much supporting documentation for the court to accept it. Regarding cybersecurity, like any physical evidence, digital evidence left over from a malicious occurrence on an organisation’s digital infrastructure is typically admissible in court if it is supported by substantial documentation, including a chain of custody. 

Tracking vulnerabilities and malicious attacks will be challenging if an organisation is not maintaining a chain of custody for its assets. It is impossible to determine whether a piece of property or evidence has been tampered with or damaged, which could endanger the ongoing legal proceedings. 

Conclusion 

A proper chain of custody must be retained to present evidence in court. A small error or interruption in the chain of custody might invalidate the evidence and turn the case against you. Therefore, maintaining a chain of custody for a digital asset is far more complex than for a physical item. It creates many more opportunities for errors to occur during processing and analysis. After a cyber security breach, the organisation must keep a strong chain of custody while gathering enough proof to preserve a legally defensible data trail for future litigation or investigations. 

How can iZOOlogic help my Company or Organisation? 

Review our Digital Asset Management solutions to determine how iZOOlogic can provide a suitable chain of custody service. 

To find out more about how iZOOlogic can help protect your company’s cyber security, schedule a demo.