Introduction: Opportunities and Challenges for Electronic Evidence

Egyptian Journal of Forensic Sciences, 2021

Background The basis for criminal trials is the judge’s conviction of the evidence presented in a case. His belief is based on the context or evidence he is satisfactory with and understands. However, the law may establish certain evidence for the judge to adhere to. This study aims to identify the extent of the authenticity and strength of digital or electronic evidence in criminal trials, by identifying legislative trends in the various legal systems, and examining what legal jurists have done to determine the extent of the authenticity of the electronic evidence of cybercrimes. Results This study will research the legitimacy of electronic evidence and the conditions for its verification, the extent of the authenticity of electronic evidence found during an investigation, the difficulties of obtaining electronic evidence that can be presented before the courts, and the extent of a presiding judge’s freedom to determine if electronic materials presented in court should be used as e...

This paper presents an overview of issues in the discipline of digital forensics and explores some areas in the legal system where digital forensics evidence is most likely to be questioned. These include case jurisdiction, search and seizure, spoliation of evidence and issue of “good faith”, evidence preservation, investigation and analysis and further presents the general concept of digital records and what enable digital records to be used as legal evidence. This paper presents the case studies that show the acceptance of digital evidence as legal evidences in Pakistan. Other than that, brief explanation of section 164 of the qanoon e shadat ordinance 1984 which enables the admissibility of digital evidence in Pakistan court and in this research paper literature review, the purpose of study and the research statement of the problem are formulated, here, vital concept, questions and assumptions are cited. Finally, overview of the methodology to be used and the possible outcome of the research will be sighted.

Using Forensic Readiness and E-Discovery in Quality Information Risk Management Planning

The seminar on Digital Evidence and Forensic Readiness provided the space for interdisciplinary discussions on clearly defined critical aspects of engineering issues, evaluation and processes for secure digital evidence and forensic readiness. A large gap exists between the state-of-the-art in IT security and best-practice procedures for digital evidence. Experts from IT and law used this seminar to develop a common view on what exactly can be considered secure and admissible digital evidence. In addition to sessions with all participants, a separation of participants for discussing was arranged. The outcome of these working sessions was used in the general discussion to work on a common understanding of the topic. The results of the seminar will lead to new technological developments as well as to new legal views to this points and to a change of organizational measures using ICT. Finally, various open issues and research topics have been identified. In addition to this report, open research issues will also be published in the form of a manifesto on digital evidence. One possible definition for Secure Digital Evidence was proposed by Rudolph et al. at the Eighth Annual IFIP WG 11.9 International Conference on Digital Forensics 2012. It states that a data record can be considered secure if it was created authentically by a device for which the following holds: The device is physically protected to ensure at least tamper-evidence. The data record is securely bound to the identity and status of the device (including running software and configuration) and to all other relevant parameters (such as time, temperature, location, users involved, etc.) The data record has not been changed after creation. Digital Evidence according to this definition comprises the measured value and additional information on the state of the measurement device. This additional information on the state of the measurement device aims to document the operation environment providing evidence that can help lay the foundation for admissibility. This definition provided one basis of discussion at the seminar and was compared to other approaches to forensic readiness. Additional relevant aspects occur in the forensic readiness of mobile device, cloud computing and services. Such scenarios are already very frequent but will come to full force in the near future. The interdisciplinary Dagstuhl seminar on digital evidence and forensic readiness has provided valuable input to the discussion on the future of various types of evidence and it has build the basis for acceptable and sound rules for the assessment of digital evidences. Furthermore, it has established new links between experts from four continents and thus has set the foundations for new interdisciplinary and international co-operations.

Law, Governance and Technology Series

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The use of computers and digital media in unlawful activities has increased so dramatically that investigation of any criminal activity may nowadays produce electronic evidence. However, the rapid growth in the number of criminal cases involving electronic evidence has all-too-often found law enforcement and the judiciary badly prepared to deal with the new issues created by this evidence. The gathering, conservation, communication and presentation of the computer-derived evidence must fulfil legal requirements with regard to the admissibility of the evidence. Electronic evidence that was gathered in a way that was not in accordance with the law will be declared inadmissible and be ruled out of court. This report aims to briefly present the core principles of the law when handling electronic evidence. Therefore, this paper examines the conditions of admissibility of evidence in four European countries. In order to be complete and to give an interesting pan-European view on the question, the English law system has been chosen to illustrate the functioning of the rules relating to the evidence in a country ruled by common law.

Journal of Conflict and Security Law, 2016

This article discusses the use of digital evidence as a means of proof before the International Court of Justice (ICJ). The absence of specific Court rules and procedures for digital evidence (with the exception of Practice Direction IX bis) is not necessarily an obstacle to its production and evaluation before the ICJ, as the general evidentiary rules can also be applied to digital evidence. The article first looks at the rules on the production of documentary evidence and then examines the specific issues related to audiovisual evidence. Finally, it examines the admissibility of digital evidence unlawfully obtained by a litigant through unilateral transborder access to data. The article concludes that, even if specific regulation may be needed as to the specific way in which authenticity and accuracy of digital evidence are to be established, the particular facts of the case and the grounds of challenge can vary widely, and it is doubtful that any regulation could be sufficiently flexible to deal with this in advance.

In this chapter author will try to explain the concept of acceptability of digital evidence, and presents the research results on the subject of acceptability of digital evidence in courts in Bosnia and Herzegovina. The purpose is to gain insight into the manner in which judges resonate during making decision on the (not)acceptability of digital evidence, and explore current situation when acceptability and maintaining the chain of custody comes in question. Within the chapter results of preliminary research conducted at the courts in Bosnia and Herzegovina will be presented, on the subject of a digital evidence acceptability in criminal procedure. At the end of chapter will be proposed a model which can help and support forensic investigator, court experts and finally the judges to decide of admissibility of digital evidence more clearly and systematically, using scientific methods and tools.

Combating Security Breaches and Criminal Activity in the Digital Sphere

Advanced Evidence is any data of probative quality that is either put away or transmitted in a double frame. In today's universe of propelling advances, more data is being produced, put away and appropriated by electronic means. This requires numerous offices to build the utilization of advanced proof social affair as a regular or standard instrument in their fight against violations. Computerized proof can be helpful in an extensive variety of criminal examinations. Numerous computerized gadgets productively track client action; it is likewise conceivable to recoup erased records, both of which may influence a criminal examination. Data is similar to the backbone for associations of all sizes, sorts and industry areas. It should be overseen and secured, and when there is a break or wrongdoing conferred including spilled or stolen data, the culprits must be recognized and indicted. Expanded Internet entrance has given exponential ascent in refined assaults on Information Technol...

Journal of Cases on Information Technology, 2020

Digital evidence has a different meaning from physical evidence, but even though it is different, both are a unity of evidence that supports each other in the investigation process. Unfortunately, laws and regulations generally have not been oriented to the terminology of digital evidence that should be. It becomes a research challenge in how the handling of digital evidence also gets the same treatment as physical evidence. For this reason, technical studies are needed to support the application of law and regulations for digital evidence handling. This article provides a solution in the form of digital evidence cabinets as a framework to support the centralization of digital evidence that following the applicable regulations of procedures for the management of evidence in the territory of Indonesia. This concept can translate the centralization of digital evidence through the analogy of physical cabinet and the interpretation of cabinet, rack, bags, and evidence unit with types of...

2015

The seminar on Digital Evidence and Forensic Readiness provided the space for interdisciplinary discussions on clearly defined critical aspects of engineering issues, evaluation and processes for secure digital evidence and forensic readiness. A large gap exists between the state-of-the-art in IT security and best-practice procedures for digital evidence. Experts from IT and law used this seminar to develop a common view on what exactly can be considered secure and admissible digital evidence. In addition to sessions with all participants, a separation of participants for discussing was arranged. The outcome of these working sessions was used in the general discussion to work on a common understanding of the topic. The results of the seminar will lead to new technological developments as well as to new legal views to this points and to a change of organizational measures using ICT. Finally, various open issues and research topics have been identified. In addition to this report, ope...