OFFICIAL: Sensitive
Table of Contents
1.
Purpose
3
2.
Scope
3
3.
Standard Operating Procedure
3
3.1
Device Identification
4
3.2
Data Preservation and Acquisition
4
s. 22(1)(a)(ii)
3.4. Record Keeping
7
4.
Accountability and Responsibilities
8
4.1. Statement of Expectation
9
4.1.1.
Directions
9
4.1.2.
Policy, Guidelines and Recommendations
9
4.1.3.
Exercise of Legislative Pow ers and Function
9
4.1.4.
What happens if this SOP is not fol ow ed?
9
s. 22(1)(a)(ii)
Attachment C – Consultation
16
1.1. Internal Consultation
16
s. 22(1)(a)(ii)
Use of Digital Device Examination to
examine electronic devices
OFFICIAL: Sensitive
Page
2 of
18
OFFICIAL: Sensitive
1.
Purpose
This Standard Operating Procedure (SOP) must be read in conjunction with
Policy Statement – Electronic
Device Examination (BE-6168) and
Procedural Instruction – Digital Device Examination (BE-6185) and all
associated SOPs and Supporting Material and applicable legislation.
These procedures will ensure that any activity undertaken meets accepted best practice for Digital Device
Examination (DDE) and any legislative requirements.
DDE activities must only be undertaken by appropriately trained and skilled DDE examining officers using
dedicated tools and rigorous procedures in accordance with legislation and electronic evidence handling
procedures so as to be admissible as evidentiary material in a court of law.
Examination of electronic devices should not be undertaken by unqualified/untrained persons as such
actions can:
Potentially compromise electronic evidence affecting its admissibility
Hinder the successful outcome of the Department of Home Affairs (the Department) objectives
Cause damage to equipment or data resulting in civil claims or litigation against the Department
Result in failure to bring an investigation to an appropriate conclusion
Risk damage to the Department’s reputation.
This SOP supports the Department’s ability to demonstrate the reliability of the electronic evidence.
2.
Scope
This SOP applies to all examinations of electronic devices by the Australian Border Force (the ABF) utilising
the Digital Device Examination equipment and capability.
Only mobile devices and removable data storage devices are to be examined using the DDE capability.
3.
Standard Operating Procedure
Prior to examining a device the DDE examining officer
must consider
The ABF Statutory powers for the examination, including any legislated time limitations
The purpose of the examination, including consultation with the client if necessary
Whether the DDE examining officer possesses the necessary resources and tools to facilitate the
examination, including
o Software
o Hardware
o Cables, and/or
o Device documentation
The operational environment the examination is occurring in. If the device belongs to a traveller the
officer should consider whether the device should be retained for examination so that the passenger
is not unnecessarily delayed. The examination length and comprehensiveness
must be determined
by the operational need, not by external factors such as departing flights.
Use of Digital Device Examination to
examine electronic devices
OFFICIAL: Sensitive
Page
3 of
18
OFFICIAL: Sensitive
3.1 Device Identification
DDE Examining officers must only examine mobile devices and removable data storage devices that they
have been trained to examine.
DDE Examining Officers encountering devices that they cannot identify, do not know how to operate or are
experiencing difficulty in examining should consider requesting these devices be examined by Digital
Forensics.
3.2 Data Preservation and Acquisition
All examinations of mobile devices and removable data storage devices
must be undertaken using DDE
hardware and software to ensure the integrity of data and electronic evidence is maintained to the highest
level possible.
Ensure appropriate steps are taken to secure electronic devices and electronic records, as follows:
A Digital Device Examination
must be attempted before a manual examination is considered
Mobile devices
must be isolated from the mobile communications network (aeroplane/airplane/flight
mode turned on, SIM card removed, faraday bag and/or WIFI and Bluetooth disconnected) prior to any
examination
SIM cards
should be removed and extracted separately
Removal of the SIM card is only mandatory if the device cannot be isolated from the network by
activating ‘Flight Mode’ on the device itself.
Write protection
must be ensured for any connected removable data storage device
Consider acquiring data from removable storage separately
Should there be any indication of third party encryption software being installed or encryption being
part of the operating system (e.g. encrypted volume) or anti-forensics techniques being installed such
as destructive devices and data wiping software, the device must be examined by Digital Forensics.
If the device needs to be powered-down, consider whether it will be possible to unlock the device once
power is restored. If it is not possible to unlock the device then an examination using DDE equipment
must be attempted.
s. 22(1)(a)(ii)
Use of Digital Device Examination to
examine electronic devices
OFFICIAL: Sensitive
Page
4 of
18
OFFICIAL: Sensitive
s. 22(1)(a)(ii)
Use of Digital Device Examination to
examine electronic devices
OFFICIAL: Sensitive
Page
5 of
18
OFFICIAL: Sensitive
s. 22(1)(a)(ii)
Use of Digital Device Examination to
examine electronic devices
OFFICIAL: Sensitive
Page
6 of
18
OFFICIAL: Sensitive
s. 22(1)(a)(ii)
3.4. Record Keeping
It is critical that DDE examining officers make contemporaneous notes in a form that enables them to
compile reports, statements, conduct interviews and, if required, be used as evidence in a Court of Law.
Contemporaneous notes are to be made in a DDE examining officer’s official notebook and on an approved
Digital Device Examination Form.
If a DDE examining officer uses an ABF statutory power in relation to the examination of an electronic
device, an official record
must be made with details of the reasons that led them to form their state of mind
and the statutory power used, such as subparagraph 186A(1)(b)(i) of the
Customs Act 1901 (the Customs
Act).
For the purposes of DDE
all examinations
must be recorded contemporaneously on an approved
Digital
Device Examination Form and in Baggage Action General Statistics (BAGS) (where available). This form will
follow the approved form in
Supporting Documentation – Electronic Device Examination Forms (BE-6199).
If BAGS is not available the examination is to be recorded in an Electronic Device Examination Register (see
Supporting Material – Electronic Device Examination Forms). A separate
Digital Device Examination Form is
to be completed for each individual device.
s. 22(1)(a)(ii)
Use of Digital Device Examination to
examine electronic devices
OFFICIAL: Sensitive
Page
7 of
18
OFFICIAL: Sensitive
s. 22(1)(a)(ii)
Use of Digital Device Examination to
examine electronic devices
OFFICIAL: Sensitive
Page
8 of
18
OFFICIAL: Sensitive
s. 22(1)(a)(ii)
4.1.
Statement of Expectation
4.1.1. Directions
The APS
Code of Conduct states that ‘an APS employee must comply with any lawful and reasonable
direction given by someone in the employee’s Agency who has authority to give the direction’ (subsection
13(5) of the
Public Service Act 1999).
Failure by an APS employee to comply with any direction contained in a PPCF document may be
determined to be a breach of the APS
Code of Conduct, which could result in sanctions up to and including
termination of employment, as set out in subsection 15(1) of the
Public Service Act 1999.
The Secretary’s Professional Standards Direction, issued under subsection 55(1) of the
Australian Border
Force Act 2015, requires all IBP workers who are not APS employees (such as contractors or consultants) to
comply with any lawful and reasonable direction given by someone in the Department with authority to issue
that direction.
Failure by an BP worker who is not an APS employee to comply with a direction contained in a PPCF
document may be treated as a breach of the Professional Standards Direction, which may result in the
termination of their engagement under section 57 of the
Australian Border Force Act 2015. Non-compliance
may also be addressed under the terms of the contract engaging the contractor or consultant.
4.1.2. Policy, Guidelines and Recommendations
For all other provisions of PPCF documents, the Secretary and the Commissioner expect all IBP workers to:
consider whether a proposed departure from any provision set out in a PPCF document is
reasonable and justified in the circumstances
consider the risks of departing from any provision set out in a PPCF document
be responsible and accountable for the consequences of departing from, or not adhering to the
content of, all PPCF documents, including where such departure or non-adherence results in a
breach of any legal or other obligations which lead to adverse outcomes for the Department
be responsible for documenting the reasons/justification for their decision to depart from, or not
adhere to, any PPCF document
4.1.3. Exercise of Legislative Powers and Function
IBP workers who make decisions or who exercise powers or functions under legislation have a duty to make
these decisions or exercise these powers or functions in accordance with the requirements of the legislation
and legal principle.
4.1.4. What happens if this SOP is not followed?
Failure to comply with a direction contained in this document may constitute a breach of the APS Code of
Conduct, and may result in a sanction, up to and including termination of employment, being imposed under
subsection 15(1) of the
Public Service Act.
Use of Digital Device Examination to
examine electronic devices
OFFICIAL: Sensitive
Page
9 of
18
OFFICIAL: Sensitive
For IBP workers who are not APS employees, failure to comply may constitute a breach of a direction under
section 55 of the
Australian Border Force Act 2015, and may result in the termination of their engagement
under section 57 of that Act. Non-compliance may also be addressed under the terms of the contract
engaging the IBP worker.
s. 22(1)(a)(ii)
Use of Digital Device Examination to
examine electronic devices
OFFICIAL: Sensitive
Page
10 of
18
OFFICIAL: Sensitive
s. 22(1)(a)(ii)
Use of Digital Device Examination to
examine electronic devices
OFFICIAL: Sensitive
Page
11 of
18
OFFICIAL: Sensitive
s. 22(1)(a)(ii)
Use of Digital Device Examination to
examine electronic devices
OFFICIAL: Sensitive
Page
12 of
18
OFFICIAL: Sensitive
s. 22(1)(a)(ii)
Use of Digital Device Examination to
examine electronic devices
OFFICIAL: Sensitive
Page
13 of
18
OFFICIAL: Sensitive
s. 22(1)(a)(ii)
Use of Digital Device Examination to
examine electronic devices
OFFICIAL: Sensitive
Page
14 of
18
OFFICIAL: Sensitive
s. 22(1)(a)(ii)
Use of Digital Device Examination to
examine electronic devices
OFFICIAL: Sensitive
Page
15 of
18
OFFICIAL: Sensitive
Attachment C – Consultation
1.1.
Internal Consultation
Tactical Capability Branch, Close Support Command
Operational Capability Branch, Major Capability Division
Cyber Risk Services Branch
ICT Division
Integrity and Professional Standards
Privacy and Information Disclosure Section
PPCF Section
Legal Group
Use of Digital Device Examination to
examine electronic devices
OFFICIAL: Sensitive
Page
16 of
18
OFFICIAL: Sensitive
s. 22(1)(a)(ii)
Use of Digital Device Examination to
examine electronic devices
OFFICIAL: Sensitive
Page
17 of
18
OFFICIAL: Sensitive
s. 22(1)(a)(ii)
Use of Digital Device Examination to
examine electronic devices
OFFICIAL: Sensitive
Page
18 of
18