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"[C STORY VOL.42 / Broadening Copyright Perspectives] Copyright Digital Forensic Center and the Meaning of ISO/IEC17025 Certification" 상세페이지

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[C STORY VOL.42 / Broadening Copyright Perspectives] Copyright Digital Forensic Center and the Meaning of ISO/IEC17025 Certification

  • 작성일2024.12.04
  • 조회수855

Copyright Digital Forensic Center and the Meaning of ISO/IEC17025 Certification


Written by. Choi Tae-wook, Copyright Digital Forensics Center at the Korea Copyright Protection Agency


저작권 디지털 포렌식을 표현한 사진


1. What is copyright digital forensics?

Copyright digital forensics is a series of forensic technologies that collect, transport, analyze, and report digital evidence of copyright infringement crimes based on logically standardized procedures and methods to obtain legal evidence.1)
With the rapid technological advancement of the patterns of existing digital copyright infringement crime, digital forensics investigation techniques have been introduced. Especially, beginning in the 2000s, legal and social perceptions of copyright protection changed in the wake of the Napster and the Soribada incidents. The scope of digital forensics expanded from existing hard disks, mobile devices, cafes, and blogs to social media, torrents, P2P services, streaming, and cloud services.2)
Since the late 2000s, the Copyright Special Judicial Police of the Ministry of Culture, Sports and Tourism began to diligently apply copyright digital forensics to copyright infringement crimes. The concept of digital forensics was solidified by codifying digital forensic investigation and enforcement support in the work of the Korea Copyright Protection Agency through the revision of the Copyright Act in 2016.

2. ISO/IEC 17025:2017 digital forensics laboratory certification
Digital forensics laboratories must strive to establish appropriate work processes and provide quality services. To this end, they tend to secure the credibility of the digital forensic process by introducing applicable international standards to digital forensic laboratories and obtaining certification.3)
The most commonly applied international standard for digital forensics laboratory certification is specifically focused on ISO/IEC 17025 certification. ISO/IEC 17025 is not only an international standard, but also a certification standard for the general requirements for the qualification of testing and calibration laboratories established by the International Organization for Standardization (ISO).4) Therefore, the standard includes requirements that each organization must satisfy in order to demonstrate the operation of the management system and its technical qualifications and ability to produce technically valid results.5)
The scope of application of ISO/IEC 17025 is broadly divided into management and technical requirements. The management requirements specify the quality management system with detailed standards for the control and management of facilities, personnel, and documents. The technical requirements specify experimental (analysis) methods, verification of the method, measurement of inaccuracy, and requirements for maintaining the credibility of the equipment. 
In Korea, the Korea Laboratory Accreditation Scheme (KOLAS) is in charge of ISO certification. Outside Korea, there are ANAB and A2LA in North America, UKAS in the Commonwealth of Nations, CNAS in China, and JIS in Japan. The accreditation and evaluation board regularly assesses and grants certification to the testing/calibration laboratory to see if it performs its work and operates the system in accordance with the requirements of ISO certification standards. The certification board mutually recognizes the validity of the certification in the countries that have obtained the certification through the International Laboratory Accreditation Cooperation – Mutual Recognition Agreement (ILAC-MRA) as well as the countries that have joined the agreement. Accordingly, the credibility of the test/calibration results of the certification board in the member countries can be recognized in other countries.

3. ISO certification status and related regulations in Major Foreign countries
Major foreign countries require digital forensics testing and calibration laboratories to obtain ISO certification. As of 2021, considering the total number of accredited digital forensics testing laboratories in the US, UK, and China, 83 in the US, 46 in the UK, and 143 digital forensics testing laboratories in China are currently conducting work as accredited testing laboratories. Moreover, those three countries have implemented the obligation to obtain international standard recognition for forensic science testing laboratories according to the enactment of relevant regulations.
Following the closure of the Forensic Science Service (FSS) in December 20106), the House of Commons Science and Technology Committee voted to transfer the work of the FSS to ISO/IEC 17025-accredited laboratories.7) In 2014, the Forensic Science Regulator (FSR) published8) the Codes of Practice and Conduct for Forensic Service Providers and Practitioners in the Criminal Justice System - Appendix: Digital Forensic Services, which specifies that all forensic science laboratories must be ISO/IEC 17025 certified.9)
In the U.S., the National Academy of Science's 2009 report, "Exploring Ways to Advance Forensic Science,”10) recommended that laboratory accreditation and individual certification of forensic science professionals must be mandatory and that all forensic professionals must have access to the certification process. The standard for certification must consider the ISO-recognized international standards, and it is required11) to obtain ISO internationally recognized certification.
In China, prior to the 2005 reform of the judicial system, the recognition of forensic science laboratories was voluntary, so the number of authorized forensic science institutions was very small.12) However, in 2005, the Standing Committee of the 10th National People's Congress (so-called the February 28 decision) comprehensively separated the forensic science examination from the judicial system and made it available to the public.13) Also, China clearly specified that the forensic service laboratory must be a measurement certification laboratory or a certified laboratory.14) Since then, it has enacted three regulations: the Ministry of Justice's Administrative Regulations on the Registration of Judicial Forensic Science Organizations, the Ministry of Public Security's Administrative Regulations on the Registration of Public Security Judicial Forensic Science Organizations, and the Administrative Regulations on the Registration of Judicial Forensic Science Organizations of the Supreme People's Procuratorate by the Supreme People's Procuratorate, which mandate that forensic organizations in China obtain ISO/IEC 17025 certification.

[디지털 포렌식 공인시험기관 수] 미국 수사기관:47, 정부기관:19, 검찰:3, 민간기업:12, 교육기관:0, 군:2 / 영국 수사기관:33, 정부기관:6, 검찰:0, 민간기업:7, 교육기관:0, 군:0 / 중국 수사기관:90, 정부기관:34, 검찰:13, 민간기업:2, 교육기관:2, 군:0 / 한국 수사기관:1, 정부기관:2, 검찰:1, 민간기업:0, 교육기관:0, 군:0을 나타내는 그래프
<Figure> Number of Digital Forensics Accredited Testing Organizations in Major Countries 
(U.S., U.K., China, and Korea) (2021)15)

4. Domestic Digital Forensics Organizations and ISO Certification Status
Currently, organizations that perform digital forensic work in Korea can be divided into the public and the private sectors. Representative organizations in the public sector include investigative agencies such as the Supreme Prosecutors' Office, the Korean National Police Agency, the Korea Coast Guard, the Special Judicial Police Unit of the National Railroad Administration, the Criminal Investigation Service for Senior Public Officials, the National Intelligence Service, Defense Counterintelligence Command, and each each military Central police forces. Those organizations also include supervisory agencies such as the Financial Supervisory Service, the Ministry of Food and Drug Safety, the Fair Trade Commission, the National Election Commission, the National Tax Service, and the Korea Customs Service, as well as public institutions such as the Korea Copyright Protection Agency and the Korea Intellectual Property Protection Agency. The organizations that conduct digital forensics service in the private sector include large law firms, accounting firms (consulting firms), and private digital forensic centers.
Specifically, six domestic institutions in the public and private sectors have obtained ISO certification as of December 2023. In the public sector, the Korea Copyright Protection Agency (2020),16) the Supreme Prosecutors' Office (2020), the Korean National Policy Agency (2020), the National Institute of Forensic Science (2021), and the Armed Forces Counterintelligence Command (2023) have obtained ISO certification. In the civilian sector, HM Company Co., Ltd. (2022) is the only company to obtain ISO certification.17)
In Korea, the digital forensics field was added as a sub-item of ISO/IEC 17025 forensic science testing to the Korea Laboratory Accreditation Scheme (KOLAS) in 2020. There are no regulations that mandate ISO certification for forensic science testing laboratories. 
Currently, the Korean National Police Agency's Directive Basic Rules for Scientific Investigation of the Korean National Police Agency18) and the Supreme Prosecutors' Office's Regulations on Digital Evidence Collection, Analysis and Management and Regulations on the Operation of the National Digital Forensic Center19) are in force. However, there are still no regulations that explicitly mandate ISO certification. 

5. Copyright digital forensics center and the meaning of ISO/IEC 17025 certification 
In February 2020, the Copyright Digital Forensics Center of the Korea Copyright Protection Agency became the first in Korea to obtain ISO/IEC 17025 certification through a review by the ANSI National Accreditation Board (ANAB) among domestic investigative agencies, public institutions, and private companies.20)
The ISO/IEC 17025 certification obtained by the Digital Forensic Center of the Korea Copyright Protection Agency is significantly meaningful as it can be used to prove its international credibility not only in the 116 countries that have signed the ILAC-MRA agreement, but also in other countries.
In fact, in the case21) of an illegal IPTV operator arrested by the Copyright Special Judicial Police Force, the Korean National Police Agency, Interpol, and the local police in Indonesia in 2023 through international cooperation, the credibility of the evidence analysis report was recognized by the local investigative authorities and the courts as the report was relevant to an ISO/IEC 17025 accredited testing institution.
This case is a representative example of the possibility of properly utilizing international certification to cooperate with overseas law enforcement authorities as the one recognized by an ISO-accredited testing organization in supporting international cooperation for copyright infringement investigations conducted by the Ministry of Culture, Sports and Tourism's Copyright Special Judicial Police Force, the Korean National Police Agency, and the U.S. Department of Homeland Security. 
In the future, the Copyright Digital Forensics Center must strive to obtain and maintain ISO/IEC 17025 certification to secure a high level of credibility in the results of investigation support. Therefore, it can fulfill its enormous responsibility as a specialized copyright protection agency together with the Ministry of Culture, Sports and Tourism and the Korean National Police Agency in accordance with the Comprehensive Measures to Eradicate the Illegal Distribution of K-media Contents.

1)  Copyright Technical Terminology Dictionary, (2013), Digital Copyright Forensics, Korea Copyright Commission
2)  Kim Ki-beom, (2020), Development process of copyright digital forensics, Korea Copyright Protection Agency, C-Story issued in March 2020
3)  Tak Hee-sung, (2016), A Study on the Establishment of an Integrated Digital Forensic Model, Korea Institute of Criminal Policy, 256-257p
4)  Hee-Il Park, Jong-Sung Yoon, Sang-Jin Lee, (2015), A Study on the Development of Digital Forensic Level Evaluation Index, Journal of the Korea Institute of Information Security & Cryptology, 1154p
5)  ANAB,(2023), AR3125, Accreditation Requirements for Forensic Testing and Calibration Laboratories, 3-20p
6)  Kim Hye-gyung/Kim Taek-soo, "Comparison of Forensic Science Systems and Legislative Cases in Developed Countries", Supreme Prosecutors' Office research project, 2014, p.83
7)  House of Commons Science and Technology Committee, “Seventh Report of Session 2010-12”, The Forensic Science Service, HC855, paras 100-109; House of Commons Science and Technology Committee, “Forensic Science, Second Report of Session 2013-2014 vol.1.”, 2013, p.22 recited.
8)  Forensic Science Regulator, “Codes of Practice and Conduct Appendix: Digital Forensic Services Issue 1”, 2014 
9)  Forensic Science Regulator, “Codes of Practice and Conduct Appendix: Digital Forensic Services Issue 2”, 2020, p.4
10)  Committee on Identifying the Needs of the Forensic Sciences Community, National Research Council, “Strengthening Forensic Science in the United States: A Path Forward”, National Academy of Sciences, 2009
11)  Committee on Identifying the Needs of the Forensic Sciences Community, National Research Council, “Strengthening Forensic Science in the United States: A Path Forward”, National Academy of Sciences, 2009, p.25
12)  Hong Guo/Junlei Hou, “Review of the accreditation of digital forensics in China”, Forensic Sciences Research, 2018, p.3
13)  Xu Wang, et al., “Development of China’s Forensic Science in Statistics: 2005-2016”, Journal of Forensic Science and Medicine, 2018, p.59
14)  Hong Guo/Junlei Hou, “Review of the accreditation of digital forensics in China”, Forensic Sciences Research, 2018, p.3
15)  Kim, Ho-yong, (2020), "Measures to Revitalize the Digital Forensic Accreditation System for Certified Testing Organizations: Focusing on Comparison with the U.S., U.K., and Chinese Systems", Master's Thesis, Department of Forensic Science, Sungkyunkwan University
16)  Directory of Accredited Organizations, ANAB
17)  Status of Testing Laboratories, Korea Laboratory Accreditation Scheme (KOLAS) (KOLAS)
18)  Korean National Police Agency Order No. 848 (September 25, 2017)
19)  Supreme Prosecutors' Office Preliminary Regulations No. 812 (November 1, 2015)
20)  Korea Copyright Protection Agency’s Digital Forensic Center Acquires International Standard Recognition, (March 1, 2020, https://www.etnews.com/20200228000216)
21)  Over 100,000 illegal distribution cases of K-media contents arrested in Indonesia, December 4, 2023. (https://www.korea.kr/news/policyNewsView.do?newsId=148923345
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