The National Strategy for Child Exploitation Prevention and Interdiction

The National Strategy for Child Exploitation Prevention and Interdiction The National Strategy for Child Exploitation Prevention and Interdiction

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local, and tribal law enforcement agencies in the U.S., more than 2,500 are members or affiliatesof one of the 61 Internet Crimes Against Children Task Forces. The ICAC Task Forces havedemonstrated a dramatic increase in the number of computer forensic examinations they haveconducted. In 2007, they reported nearly 10,500 computer forensic examinations. ICACcomputer forensic capacity was increased in 2007 through targeted grants to 13 of the then-59ICAC Task Forces, totaling $2.6 million, for that purpose. These grants, which expandedcapacity at roughly one fourth of the ICAC Task Forces, had a direct impact – in 2008, ICACTask Forces reported 14,339 computer forensic examinations in 2008 and 19,269 in 2009. Inshort, following the issuance of capacity-increasing grants, the ICAC Task Forces performedabout twice as many forensic examinations in 2009.2. FBI Computer Analysis Response Team and Regional Computer ForensicLaboratory ProgramsChild exploitation investigators, as well as other federal, state and local law enforcementagencies rely upon the FBI’s Computer Analysis Response Team (CART) and RegionalComputer Forensic Laboratory (RCFL) programs to provide digital forensic search andexamination support, in support of their investigations. Nominally, the Computer AnalysisResponse Team (CART) is an organizational component of the FBI’s Digital Evidence Section(DES) that began in 1988 under the FBI Laboratory Division as one of the earliest computerforensic examiner groups in the country. Today, the term CART generically refers to threegroups: 1) the CART Forensic Analysis Unit (CART-FAU) that staffs and manages the FBI’sDigital Evidence Laboratory (DEL) which is fully accredited by American Society of CrimeLaboratory Director’s Laboratory Accreditation Board (ASCLD-LAB) and assists in settingwritten, tested, verified, vetted, defensible forensic procedures and protocols for all CARTcertifiedpersonnel that are designed to meet and exceed the expert witness technical/scientificadmissibility requirements of Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579(1993) and its progeny; 2) The CART Operational Support Unit (CART-OSU) which supportsand equips but does not manage CART-certified digital evidence forensic examiners but who areannually proficiency tested, monitored and periodically trained by the DES, and; 3) The CARTField Examiners, themselves, who are trained, certified, tested and monitored by CART-OSUand other DES units but are exclusively supervised and controlled by the management staff ofeach individual FBI Field Division in which they are located.In the FBI, there are approximately 225 CART-certified digital evidence forensic examinersdispersed at nearly 98 FBI locations, approximately 45% of which are sworn FBI Agents whilethe remainder are professional support staff. An additional 200 or so state and local task forceofficers and professional support from approximately 130 police agencies are also “CARTcertified”and are located at 16 Regional Computer Forensic Laboratories (RCFLs)geographically dispersed around the country.The RCFL Program is built on partnerships between the FBI and other law enforcement agenciesat the federal, state and local levels operating within a geographic area. An RCFL is a computerforensics laboratory and training center devoted to the forensic examination of digital evidencein support of criminal investigations. The RCFL Program currently manages a network of 14existing laboratories in major cities across the United States with two more labs due to open by131

FY 2011. The primary forensics responsibilities of an RCFL are to conduct a comprehensiveexamination of digital evidence, provide a complete and timely report to the contributor, providetestimony as needed, and to generally act as a regional focal point for digital evidence issues.RCFL Examiners can extract information from a computer system and/or digital media, and canrecover deleted, encrypted, or damaged files. Any or all of this information may be useful duringdiscovery, depositions, or litigation. Over 130 different state and local agencies participate inand have personnel assigned to a RCFL.The RCFL Program has supported a substantial number of investigations over the last severalyears. For example, from FY 2007 to FY 2009 the RCFL Program achieved a 60% increase inthe total number of examinations completed for investigations relating to crimes against children– increasing from 1,386 to 2,194. The RCFL Program is also far reaching in that it hasconducted examinations for over 650 separate state and local law enforcement agencies.Resources from the Department of Justice’s Asset Forfeiture Fund (AFF) have enabled theRCFL Program to fight the backlog of forensic service requests at the RCFLs by providingovertime reimbursement to sworn law enforcement staff detailed to RCFLs. In the NationalAcademy of Sciences (NAS) report, “Strengthening Forensic Science in the United States: APath Forward” (page 1-4), backlog statistics from the 2005 Bureau of Justice Statistics (BJS)census report are cited. Specifically, the NAS report states that:“… in a typical publicly funded crime laboratory ended the year with a backlog of about401 requests for services, received another 4,328 such requests, and completed 3,980 ofthem. The average backlog has risen since the 2002 census, with nearly 20 percent of allrequests backlogged by year end.”In comparison to the trend at general (i.e., non-computer-forensic) crime laboratories, the RCFLProgram has steadily reduced the overall backlog in digital forensic exams at RCFLs over thelast 3 years. As a result, RCFL statistics show a drop of 36% from FY 2007 – FY 2009. In FY2009 the total number of service requests for FY 2009 was 5,616. The total number ofbacklogged cases at the end of that year was 506 - resulting in a backlog of just 9% of all casesreceived.Despite the sustained efforts from both the CART and RCFL Programs, FBI studies indicate thatthere have not been enough trained, certified, annually proficiency tested, peer-reviewed,monitored digital evidence forensic examiners or laboratories to meet the growing demand forforensic analysis. With more than five thousand independent state/ local law enforcementagencies in the United States, 16 RCFLs and dozens of ICAC task forces with non-laboratory“forensic capacity” to help address the growing volume of data and requests associated withchild exploitation investigations, there is still a need for additional resources to handle theforensic processing and analysis of digital evidence. To this end, the FBI has been exploring andutilizing a number of strategies to increase the number of trained, digital evidence forensicexaminers both for its own investigations and for the RCFLs.The FBI believes that providing training to the law enforcement community both builds thedigital forensics capacity and also reduces the burden on CART/RCFL examiners. ImageScan is132

FY 2011. <strong>The</strong> primary <strong>for</strong>ensics responsibilities of an RCFL are to conduct a comprehensiveexamination of digital evidence, provide a complete <strong>and</strong> timely report to the contributor, providetestimony as needed, <strong>and</strong> to generally act as a regional focal point <strong>for</strong> digital evidence issues.RCFL Examiners can extract in<strong>for</strong>mation from a computer system <strong>and</strong>/or digital media, <strong>and</strong> canrecover deleted, encrypted, or damaged files. Any or all of this in<strong>for</strong>mation may be useful duringdiscovery, depositions, or litigation. Over 130 different state <strong>and</strong> local agencies participate in<strong>and</strong> have personnel assigned to a RCFL.<strong>The</strong> RCFL Program has supported a substantial number of investigations over the last severalyears. For example, from FY 2007 to FY 2009 the RCFL Program achieved a 60% increase inthe total number of examinations completed <strong>for</strong> investigations relating to crimes against children– increasing from 1,386 to 2,194. <strong>The</strong> RCFL Program is also far reaching in that it hasconducted examinations <strong>for</strong> over 650 separate state <strong>and</strong> local law en<strong>for</strong>cement agencies.Resources from the Department of Justice’s Asset Forfeiture Fund (AFF) have enabled theRCFL Program to fight the backlog of <strong>for</strong>ensic service requests at the RCFLs by providingovertime reimbursement to sworn law en<strong>for</strong>cement staff detailed to RCFLs. In the <strong>National</strong>Academy of Sciences (NAS) report, “Strengthening Forensic Science in the United States: APath Forward” (page 1-4), backlog statistics from the 2005 Bureau of Justice Statistics (BJS)census report are cited. Specifically, the NAS report states that:“… in a typical publicly funded crime laboratory ended the year with a backlog of about401 requests <strong>for</strong> services, received another 4,328 such requests, <strong>and</strong> completed 3,980 ofthem. <strong>The</strong> average backlog has risen since the 2002 census, with nearly 20 percent of allrequests backlogged by year end.”In comparison to the trend at general (i.e., non-computer-<strong>for</strong>ensic) crime laboratories, the RCFLProgram has steadily reduced the overall backlog in digital <strong>for</strong>ensic exams at RCFLs over thelast 3 years. As a result, RCFL statistics show a drop of 36% from FY 2007 – FY 2009. In FY2009 the total number of service requests <strong>for</strong> FY 2009 was 5,616. <strong>The</strong> total number ofbacklogged cases at the end of that year was 506 - resulting in a backlog of just 9% of all casesreceived.Despite the sustained ef<strong>for</strong>ts from both the CART <strong>and</strong> RCFL Programs, FBI studies indicate thatthere have not been enough trained, certified, annually proficiency tested, peer-reviewed,monitored digital evidence <strong>for</strong>ensic examiners or laboratories to meet the growing dem<strong>and</strong> <strong>for</strong><strong>for</strong>ensic analysis. With more than five thous<strong>and</strong> independent state/ local law en<strong>for</strong>cementagencies in the United States, 16 RCFLs <strong>and</strong> dozens of ICAC task <strong>for</strong>ces with non-laboratory“<strong>for</strong>ensic capacity” to help address the growing volume of data <strong>and</strong> requests associated withchild exploitation investigations, there is still a need <strong>for</strong> additional resources to h<strong>and</strong>le the<strong>for</strong>ensic processing <strong>and</strong> analysis of digital evidence. To this end, the FBI has been exploring <strong>and</strong>utilizing a number of strategies to increase the number of trained, digital evidence <strong>for</strong>ensicexaminers both <strong>for</strong> its own investigations <strong>and</strong> <strong>for</strong> the RCFLs.<strong>The</strong> FBI believes that providing training to the law en<strong>for</strong>cement community both builds thedigital <strong>for</strong>ensics capacity <strong>and</strong> also reduces the burden on CART/RCFL examiners. ImageScan is132

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