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SECURITY SYSTEMS NEWS MAY 2011 www.securitysystemsnews.com Chain of cloud custody D ing will affect the future delivery of managed physical security services,” a side debate broke out over the admissibility of cloud-based video in court for legal forensics. While cloud technology may be new to the surveillance market, this concern is not. All new surveillance technologies have faced similar questions regarding their viability for courtroom forensic evidence. Concerns eventually died down as prosecutors began to use the newest medium for evidence in their cases. In fact, this issue is a non-issue. There is no such thing as “court approved” video today. In general, the main prerequisite for any evidence to be admissible in court—including, but not limited to video—is that it follows the appropriate chain of cus- tody. The pri- mary focus of chain of custody revolves around who handled the evidence W 469 N Is hosted video evidence admissible in court? Digital media content (DMC) in the courtroom needs to place the indi- vidual or object in question at the required time and location by single or multiple defining characteristics. Myriad DMC today—including emails, voicemails, and Web search logs—are stored in the cloud and are regularly submitted in court as foren- uring a panel session at February’s TechSec event titled, “How cloud comput- GUEST COMMENTARY 15 sic evidence. In some cases, agencies will make an original copy of the DMC that has restricted access, is traceable, and alteration detectable. In this case the cloud may actually be more favorable since one original copy can be accessed by multiple agencies without alteration (also known as a WORM device for Write Once, Read Many). And, while there are no mandated regulations in place for audit trails of cloud providers, the more established providers fol- low SAS70 and ISO27001 standards to provide the consumer—in this case the security director—with the confidence that certain logical security processes are being fol- lowed. The largest data centers in North America have government- level security procedures in place to protect the data they house. Hosted video data is a small portion of the business done by cloud providers, which includes business email and financial information, and all is used in court to some degree. So long as proper encryption is in place and the chain of custody can be documented, one could argue that the information in the cloud is much safer than a DVR where someone could easily manipulate the video. Fredrik Nilsson is the general manager of Axis Communications Inc. in North America. ideas for life -V W Fredrik Nilsson and if it has been altered. Whether the video went through a DVR, VMS or cloud environment is irrelevant unless any one of these meth- ods physically altered the video. Seasoned prosecutors and security directors will recommend that agen- cies enact a standard operating procedure so that the evidentiary chain of custody can be explained by an expert in court and stand up to challenges from the defense. There are a few organizational outfits across North America, includ- ing the Scientific Working Group on Imaging Technology (SWGIT) and the Law Enforcement & Emergency Services Video Association (LEVA), that provide guidance on best prac- tices for video evidence, but no official standards have been devel- oped. See this excerpt from the FBI’s Legal Ramifications of Digital Imaging in Law Enforcement: “The important thing to remember is that a digital image used in a legal context is evidence and must be treated as such. The goal of any effective image-tracking procedure should be to eliminate the oppor- tunity for unauthorized persons to access images, thus avoiding the argument that someone could have altered or substituted an image. Procedures range from simple to sophisticated.” In essence, regardless of the digital video pipes, some sort of audit trail must be created so that the evidence can be defended if challenged. Untitled-1 1 We’ve got it all covered. Panasonic offers surveillance system solutions with superior performance and cost-efficiency for virtually any application. Configure the system that best meets your specific needs from the most comprehensive line of IP, analog and hybrid products available. Our latest innovations include i-PRO SmartHD cameras and recorders with automatic real-time face detection, and UniPhier® large-scale integrated chips to assure the highest levels of integration. They’re advancements that will make any system smarter and more cost-efficient. Any way you view it, Panasonic has got you covered. see more with your smartphone Panasonic System Networks Company of America Surveillance, Monitoring & Video Imaging panasonic.com/security 1/13/11 9:10 AM