Today, many investigations hinge less on physical traces like fingerprints or footprints, and more on “invisible” digital breadcrumbs left on smartphones, computers, online cloud platforms, and Internet of Things (IoT) devices and networks. These traces underpin the discipline digital forensics: the identification, preservation, extraction, analysis, and presentation of digital evidence in a way that is legally defensible and technically sound
What Counts as Digital Evidence?
Digital evidence is any electronic data that can be used in criminal, regulatory, or civil investigations. It includes emails, deleted files, location logs, instant messages, file metadata, system logs, network traffic, and other artifacts that are not visible to everyday users. Because modern devices log huge amounts of activity (app usage, WiFi access, GPS traces, and deleted or slack-space artifacts) the “digital footprint” of an event can be extensive.
In an investigation, a critical element is maintaining the chain of custody — who accessed what, when, and how — ensuring the data has not been tampered with, and that the methods used for extraction and analysis are reliable and transparent or forensically sound.
Why It Matters Now?
In a predominantly digital world, nearly every form of misconduct leaves some trace. Corporate fraud may involve email exchanges, chats, and deleted documents; a cyberattack may leave log files showing entry points and lateral movement; even personal disputes may involve chats, deleted messages, or metadata. When used appropriately, digital evidence can reconstruct timelines and demonstrate intent or association, in ways which physical evidence alone cannot.
Key Forensic Practices
- Data Acquisition: Creating a forensic image — a bit-for-bit copy — of a device or storage medium so that the original remains untouched.
- Deleted Data Recovery: Using forensic tools to recover or reconstruct files and artifacts that persist in metadata, slack space, and file system structures after deletion.
- Metadata and Timestamps: One of the most powerful tools, which allows analysis of when information was accessed or modified by which account, device, and Internet Protocol (IP) address to tell a story.
- Correlation Across Sources: Bringing together evidence from multiple devices and systems — for example a mobile phone, cloud backup, corporate server, or email logs to build the full narrative.
- Presentation and reporting: Translating forensic findings into clear, concise, non-technical language for legal counsel, judges, and senior business stakeholders while maintaining admissibility through documented process, forensic verification, and chain of custody.
Illustrative Scenario
Consider a corporate investigation into suspected embezzlement. An employee is believed to have manipulated spreadsheets, deleted records, and used personal storage to hide documents. A forensic investigator images the employee’s workstation and phone, recovers deleted spreadsheet files with timestamps showing unusual edits outside business hours, identifies a cloud backup account that had been syncing to an external location, and correlates network logs showing data transfers late at night. The resulting digital trail shows the sequence of actions, the devices used, and the timing, providing strong evidential support.
Practical Tips for Individuals and Organizations
When a Device is Seized: Where appropriate, power it down, isolate it from networks to avoid remote wiping, document who handles it, when, and for what purpose.
For Organizations: Build forensic readiness by enabling logging (system logs, network logs, application logs), preserving device images when incidents occur, and defining clear procedures for evidence collection.
For Individuals: Understand that deleting a message or file does not guarantee it is gone; your smartphone, cloud backup, and installed apps may retain artifacts.
Summary
The “hidden world” of digital evidence is ever-present in today’s investigations. From deleted files and GPS logs to cloud backups and system metadata, the traces of digital action are powerful. For the public: Understanding that your digital devices may record more than you realize is key. For organizations and forensic providers: Ensuring readiness, robust processes, and clear reporting is fundamental to converting these invisible traces into trusted evidence.
© Copyright 2026. The views expressed herein are those of the author(s) and not necessarily the views of Ankura Consulting Group, LLC., its management, its subsidiaries, its affiliates, or its other professionals. Ankura is not a law firm and cannot provide legal advice.
