CYBER THREATS/PRIVATE DIGITAL INVESTIGATIONS
It’s urgent to get organized!
Materialization of the damage and insurance and/or legal action.
Although Internet users are becoming increasingly aware of the risks of cybercrime, the reporting of computer incidents and the search for those responsible remain a stumbling block in the fight against these practices. Indeed, in order to preserve their image, victimized companies often manage these events internally whereas they deserve a thorough investigation by professionals. However, in view of the explosion of these attacks and their media impact, the civil and criminal judicial treatment of cybercrime offences tends to develop rapidly.
Intended for all types of companies, whether to take action before the civil jurisdiction to have a prejudice recognized and compensated, to prepare a complaint before the criminal jurisdiction, or to participate in improving security devices, calling upon a private investigator who has cyber expertise duly approved and regulated by the National Conseil National des Activités Privées de Sécurité (CNAPS), responds to specific demands.
After an incident, to confirm or deny the reality of a breach, or to evaluate the exposure of an entity’s personnel and structures in order to reduce risks, our private investigators’ five main areas of investigation and research consist of the following:
Determining the reality of the fraud: since Justice is only based on objective facts, it is necessary to bring proof of an incident, of a wrong and of a causal connection. These findings are the first steps that allow the investigator to judge whether there are legitimate reasons to investigate an incident.
Determining the origin of the attack: attributing the attack is often a crucial point of the investigation because it allows comparison of the operating methods with existing knowledge bases and is a means of verifying the existence of other similar attacks committed by the cybercriminal or the cybercriminal group.
Determining the perpetrator’s motives: whether financial, social or personal, the motives for an attack allow us to better understand the personality and environment of the perpetrator.
Determining the vector of the attack: The vector of the attack makes it possible to determine what information the perpetrator had at his disposal in order to carry out the attack. This leads the investigator to find out where the information was obtained.
Determining the responsible parties: knowing the motivations, the course and the perpetrators of the attack make it possible to highlight the human, technical and organizational faults which allowed it to succeed.
The Private Digital Investigation Report:
The admissibility of the private digital investigation report by a structure approved by the CNAPS, specifying the chronology, the technicalities, the relationship between the elements and their consequences, as well as the typology of the attack and the nature of the prejudice suffered allows the company manager to establish an admissible complaint to the Public Prosecutor, often prior to an insurance claim. It is also possible at this stage to gain access to judicial officers’ reports in order to provide proof of technical elements identified at the time of the analysis.
Therefore, exposing an intrusion and theft of information on the basis of technical elements alone is largely insufficient to demonstrate its legal viability and is akin to an expert’s work substantiating the need for a broader investigation.
In the service of a party, in the civil as in the criminal field, the private investigator can contribute to revealing the truth by a global approach to the situation, on both the environmental and technical aspects. His work informs the civil judge by providing elements that can be supported by an expert assessment, which may be ordered if it has not already been carried out.
Finally, this report will provide the police with all the elements necessary to understand the situation, which they will then be able to complete and verify within the framework of applicable criminal procedures.
Thanks to this report, the processing of the complaint will convince the Public Prosecutor of its validity, and will only be enhanced thanks to the economy of means and the time it saved law enforcement, who will then take over the procedure if necessary.