The juridical spheres for digital forensics and electronic evidence in the insecure electronic world

Abstract

With so much information collected from so many places and stored in so many others, the forensic value of digital evidence has exploded globally. This ranges from evidence relating to traditional crimes to that for new cybercrimes. The ability to use digital forensics, computational policing analytics and electronic evidence of all types, and the protections from misuse, are governed by the laws of national jurisdictions. Where those laws intersect in transnational cases may be harmonized or conflict‐ridden. As digital forensics is an interdisciplinary activity, both juridical and technical coordination between nations are essential for effective transnational law enforcement. This requires the application of forensic technology conforms to the legal rules of the jurisdictions involved. We examine legal aspects of this evolving data paradigm and issues relating to legal‐technical compliance. We speculate as to how regulation may evolve for the future. This article is categorized under: Digital and Multimedia Science > Cyber Threat Intelligence Digital and Multimedia Science > Mobile Forensics Digital and Multimedia Science > IoT Forensics Jurisprudence and Regulatory Oversight > Communication Across Science and Law

Electronic evidence and its authenticity in forensic evidence

“…Forensic electronic evidence is submitted to prove a crime occurred using a computer and the Internet. This evidence is retrieved using information technology (Losavio et al 2019).…”

“…Information technology includes many types of digital data that can be transmitted electronically. Electronic evidence is a link between that data and the crime, and also a link between the victim and the perpetrator (Losavio et al 2019). Electronic evidence is analytical.…”

“…Modern researches concerning the issues of electronic evidence in forensic science and criminal procedure are devoted to such issues as the preservation of digital evidence and its admissibility in the court (Bilal 1994;Granja and Rafael 2017), legal aspects of electronic evidence and issues relating to legal-technical compliance (Losavio et al 2019;Schloss 1976), the role of electronic evidence in the detection and investigation of cybercrimes (Matchanov 2020), classification and evaluation of digital forensic tools (Parveen et al 2020), opportunities and challenges for electronic evidence (Biasiotti et al 2018), and problems and prospects of legal regulation of issues of obtaining electronic evidences associated with the use of blockchain technologies (Wu and Zheng 2020).…”

“…Electronic crimes have a special nature due to the gravity of their offense, the enormity of their losses, their increasing numbers, and how easy it is to commit them. There is also a problem related to the extent of the judge's discretionary powers in assessing the evidence extracted from electronic means (Losavio et al 2019;Mason and Seng 2017). The study gives reason to talk about the need for the adoption of international agreements on cooperation in the development and exchange of computer and information technologies, aimed at preserving electronic evidence from destruction and oblige countries to implement and comply with these agreements.…”

IoT based Agriculture (IoTA): Architecture, Cyber Attack, Cyber Crime and Digital Forensics Challenges

“…According to [105], DF is an interdisciplinary process of investigation where cooperation and coordination between nations is indeed required for transnational law enforcement. The Council of Europe's Convention on Cybercrime formed a committee, "Council of Europe, 2001," for harmonizing procedural and substantive laws related to digital crime and evidence among its signatories.…”