OSINT: From Theory to Intelligence to Evidence (Report)
OSINT has historical roots dating back to the American Civil War and has since been integrated into the intelligence community as a collection discipline. It involves a systematic approach to public sources and intelligence requirements, necessitating the triangulation of sources and methods. However, the lack of a clear theoretical foundation poses a risk, as individuals may claim to be OSINT experts without the necessary experience or expertise.
Previously confined to a limited group of military practitioners, OSINT can be controversial and subject to doubts. Given its wide applicability today, it is crucial to adhere to guidelines that ensure the accuracy of the information uncovered and the transparency of investigations.
Furthermore, it is crucial to stress that an open-source investigation is not intelligence without direction/an intelligence requirement. Open-source information can only be used as intelligence if there is a specific research question to be answered.
Evaluation of OSINT Information & Ethics
One of the most important things when conducting an OSINT investigation is evaluating the provenance of information. OSINT, by definition, is second-hand information with the additional challenge of evaluating the source and its origin and credibility. In addition, there exists a lot of misinformation online, with old material frequently being reused.
Regarding the ethics of OSINT, there are a lot of ethical guidelines (ObSINT guide, Berkeley Protocol, Bellingcat Manual etc.) but to this date, none of them have been implemented in full. OSINT investigators have recognised the need for a unified procedure of adhering to ethics when conducting investigations, as the information is often sensitive. Often, there is a discrepancy between the motivation of the goal, which may be ethical, and the methods used to achieve it, which are not - such as facial recognition.
OSINT and the War in Ukraine
The OSINT technique of geolocation has played a crucial role in the Russian invasion of Ukraine, enabling real-time observation of events in specific locations. The widespread use of social media and public involvement has further amplified this capability, bringing the conflict into a new dimension of transparency and scrutiny. Consequently, the Russian invasion of Ukraine has become the most visually documented conflict in history. This abundance of visual evidence necessitates rigorous investigation to determine whether the information has been manipulated, either by humans or AI.
From Intelligence to Evidence
Overproliferation of OSINT Groups - The More the Merrier?
There is a long-standing discussion about the recent significant increase in the number of OSINT groups. While this growth may have negative connotations, it also has the potential to professionalize and standardize OSINT investigations, ensuring transparent methodologies. However, the rapid advancement of computer technology means that legal frameworks often lag behind OSINT developments. When big corporations purchase data and leaked information is used as an OSINT tool, it raises serious legal concerns. Ultimately, the inevitable question arises: "Where and how did you obtain that data?"
Standardization and the Creation of an International Standing Mechanism
The establishment of transparent methodologies and comprehensive training for professionals across various disciplines is crucial for enhancing the credibility and effectiveness of OSINT in legal and investigative contexts. A centralized entity, potentially complementing existing OSINT groups, could standardize the certification of intelligence gatherers, ensuring adherence to international laws and criminal standards. Such an entity could also manage a repository of open-source collected material, facilitating the prosecution of war crimes and other atrocities. However, the creation of this international body would be a significant challenge due to the current political climate and the need for state consent. Nonetheless, the move towards an international repository for digital evidence is seen as a necessary, albeit slow, process.
Is Expert Evidence Crucial?
The analysis of digital evidence in OSINT requires high levels of technical expertise. The digital nature of the evidence, such as satellite images, photos, videos, and audio, necessitates the involvement of certified forensic experts to ensure the reliability and proper interpretation of data. Both defense and prosecution must possess adequate knowledge to maintain equality in legal proceedings. Practical recommendations for organizations include justifying expertise, maintaining transparency, and ensuring a proper chain of custody for evidence. Neutrality and adherence to specific expertise are crucial for credibility. However, the use of digital evidence can be complicated by state secrecy and the power dynamics of technological advancements, as seen in instances where vital information is withheld.
“User-Generated” vs. “Digitally Derived” Evidence
For effective OSINT methodology, it is essential to establish clarity in terminology. Whether dealing with user-generated content (photos, videos, audio) or digitally derived evidence (including both born-digital and digitized materials), it is crucial to define and differentiate these terms clearly. Open-source information, while publicly available, often requires a nuanced understanding of authorship and liability, as metadata may be incomplete or unverifiable. Despite the lack of standard terminology in international treaties, the field is evolving, and collaboration with other intelligence disciplines is vital for comprehensive investigations. Digital evidence often requires corroboration from other sources to be deemed reliable, highlighting the importance of maintaining high standards and addressing privacy implications in the use of such data.
Access the report as a pdf file here.
