61 Summer 2025 Proceedings casualty investigations. Previous cases include: the constructive loss of the passenger vessel Spirit of Norfolk • the sinking and loss of life on the commercial fishing vessels Scandies Rose and Wind Walker • the devastating fire that destroyed the small passenger vessel Conception, claiming 34 lives The technical proficiency of this Auxiliarist in gath- ering, analyzing, and presenting complex navigational data has proven invaluable to the Coast Guard’s inves- tigative efforts. His ability to transform complex data into clear, visually impactful animations, significantly enhanced the public understanding of complex events, and the thoroughness of the marine casualty investiga- tions, ensuring critical insights were communicated with precision and clarity. Best Practices for Investigators While the integration of digital evidence into investiga- tions unlocks powerful new capabilities, investigators must remain steadfast in adhering to established best prac- tices to navigate the complexities inherent in electronic data. These fundamental principles are critical to ensuring that investigations are both thorough and legally sound: • Communicate early and often with experts: Consistent and proactive communication with INCOE staff to initiate engagement with digital forensic examiners is essential to ensure proper analysis and interpretation of digital evidence. • Methodical timeline construction: Investigators must rigorously follow the chronological order of events, systematically identifying underlying causal factors that contributed to the incident. This helps establish a clear and accurate narrative. • Strict legal compliance: Adherence to all relevant legal frameworks, including Title 46 U.S.C., and 46 CFR Part 4, is paramount to ensuring that digital evi- dence is collected and handled lawfully and ethically. • Meticulous system documentation: Proper docu- mentation of the condition of all relevant digital systems is vital, with particular attention paid to veri- fying the performance of VDRs and ensuring up-to- date equipment certifications. • Validation of the various sources of digital infor- mation: Ensuring that the various pieces of digi- tal evidence and eyewitness accounts are precisely synchronized regarding time and date is critical to ensuring the accuracy of the investigation record. By consistently applying these cyber forensic best practices, investigators can enhance the accuracy and rel- evance of the data they gather while ensuring evidence is properly collected, safeguarded, and maintained. This disciplined approach preserves the integrity and defen- sibility of the entire investigative process, ensuring that digital evidence can withstand external scrutiny and support the success of the investigation. Charting a Digital Course for Marine Investigations The increasing reliance on electronic data in marine casualty investigations mirrors the pervasive digital transformation sweeping across the maritime indus- try. As vessels become increasingly sophisticated and technologically advanced, the imperative for special- ized knowledge and advanced tools to effectively collect, securely preserve, and expertly analyze digital evidence becomes ever more critical. Through the ongoing robust collaboration between INCOE and DFL, coupled with the specialized exper- tise of units like the Coast Guard Auxiliary, the Coast Guard has strategically positioned itself as a leader in the critical field of digital forensics. This proactive approach ensures the service remains fully equipped to effectively address the evolving challenges to modern maritime investigations. As these indispensable digital forensic tools continue their rapid evolution, the Coast Guard needs to remain at the cutting edge of digital evidence analysis. Doing so will empower investigating officers to draw increasingly well-informed conclusions and make recommendations to achieve the overarching goal of improving maritime safety and preventing marine incidents. About the author: LCDR Tom Whalen is the investigations national technical advisor at the U.S. Coast Guard Investigations National Center of Expertise, where he serves as subject matter expect providing technical support for marine casualty investigations worldwide. Commissioned in 2013, after serving as a Chief Machinery Technician, he has held key positions in marine safety and vessel compliance across multiple Coast Guard units, including Sector New Orleans, Marine Safety Detachment Belfast, and the Coast Guard’s Northeast District. His operational experience spans domestic and foreign vessel inspections, pollution response, and investi- gations, including three district formal investigations and one comman- dant marine board of investigation. Endnotes: 1. International Maritime Organization (IMO), “Performance standards for Voyage Data Recorders (VDRs),” Resolution MSC.333(90), 2012 2. SOLAS Chapter V, Regulation 20, International Maritime Organization. 3. IMO Resolution MSC.333(90), “Revised performance standards for VDRs,” adopted 22 May 2012. 4. 46 CFR §161.240 – Voyage data recorder (VDR) and simplified voyage data recorder (S-VDR) performance. 5. TITAN Marine Board of Investigation Exhibit CG-001_1 TITAN Animation. 6. SPIRIT Of NORFOLK Formal Investigation Exhibit CG-001.1 SON Voyage Animation with Labels Significant Events.
