“Right now SAPS — in its entirety — does not have one single valid licence. Not SAPS, not the Hawks, not Crime Intelligence. Not one. They can’t fulfil their constitutional mandate.”
This is especially true where mobile devices are concerned, says the mobile forensic specialist.
This data can prove associations between people and indicate their locations at specific times. With the right forensic equipment, it’s also possible to retrieve deleted data. Says the computer forensics analyst: “In principle, an analyst should be able to find any data on a digital device. Be it a phone or a computer, there is a search method for every type of file.
Even if police can use the product, they won’t have access to the tech’s full capabilities. The problem, explains the computer forensic analyst, is with the analysis; usually, the software to extract data from a computer is free, but updating the software licence isn’t. Without frequent updates, there will be data that the police simply cannot locate, or cannot analyse, even if the old version of the software still works.
It’s not as simple as taking a screenshot of a WhatsApp message, or forwarding an incriminating email to yourself. Instead, the chain of evidence must be preserved, and the prosecution must prove that the evidence actually came from a specific device without having been manipulated. The source explains that if the version of the software was outdated at the time the evidence was analysed, the defence can point out shortcomings by comparing the old to the newer version.And there’s yet another weak spot the defence looks for. “I would want to confirm that you have a valid licence. Because if you don’t, then I could attack the legality of unlawfully using the tool.”
“People come to us and say, take the phone, I’ll pay — my wife’s been murdered,” says the mobile forensic specialist.
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