Digital evidence sources are constantly evolving with technological advancements. There are three primary categories of digital evidence: the Internet, computers, and portable devices. Evidence obtained from the Internet includes information from online conversations, emails, message boards, chat rooms, file sharing networks, and intercepted communications. Message boards and chat rooms provide a wealth of information in real-time and in archives. Computers also contain a repository of information and require special extraction methods to obtain evidence. Although some information may overlap with Internet sources, computers offer unique and significant pieces of evidence such as timestamps, IP addresses, VPN information, and MAC addresses. Portable devices, such as smartphones, tablets, and other handheld gadgets, have become the primary source of digital evidence in many court proceedings due to society’s reliance on these devices. It is worth noting that digital evidence sources also include sensors and screens in vehicles, cameras, drones, smart TVs, and other devices.
Digital Forensics
The relevance of digital forensics in criminal procedural law is increasing, and it plays an important role in investigations. Digital forensics involves using scientifically proven methods to identify, collect, preserve, validate, analyze, interpret, and present digital evidence from various sources to reconstruct criminal events. However, with the constant evolution of big data and advancements in technology, digital forensics investigations are faced with significant challenges in practical implementation. These challenges can be divided into two main categories: technical and legal. Both domains present obstacles that need to be overcome in order to successfully conduct a digital forensic investigation.
Technical challenges
As technology advances, criminals are also adapting and using digital tools to conceal their crimes. Digital forensic professionals rely on forensic tools to gather evidence against offenders, while criminals use similar tools to hide, alter, or erase traces of their criminal activity. This practice, known as “anti-forensics,” poses a significant challenge for the digital forensic community. Anti-forensics techniques that digital forensics professionals must be aware of include covert channels, encryption, steganography, data hiding in storage space, data archiving, operating in the cloud, and skill gap.
Covert channels enable attackers to bypass intrusion detection techniques and conceal data over a network, making it difficult to trace the connection between the attacker and the compromised system. Encryption is used by criminals to protect incriminating information from unauthorized access, and steganography hides information within a file while maintaining its appearance. Data hiding in storage space allows criminals to conceal data within a storage medium using system commands and programs. Operating in the cloud can also help criminals evade detection by hiding their activities within a cloud-based service. Archiving data delays the analysis of information by increasing the size of a disk, and the skill gap can make it difficult for investigators to keep up with the latest devices and systems. As a result, the role of forensic experts and prosecutors is becoming increasingly important to ensure the proper and efficient operation of legal trials. It is crucial to stay informed about the latest anti-forensics techniques to stay ahead of criminals who seek to evade detection.
Legal Challenges
The use of digital evidence in legal proceedings presents several challenges, as exemplified by the International Criminal Court. One of the primary criteria for admissibility is the legality of how the evidence was acquired, which involves determining if the evidence was collected with proper authorization, such as consent, search warrants, or exigency. Privacy legislation, such as the GDPR, has introduced uncertainty regarding permissible behavior in collecting personal information. Consent is often given willingly by the concerned party to investigators to access property or personal effects. However, a digital investigation may present issues when evidence of other crimes is identified, requiring a second warrant before the evidence can be used to charge the accused. Additionally, the preservation of digital evidence can be problematic due to the rapid advancements in technology and the potential for alteration.
The authenticity of digital evidence is also a matter of significance, as digital media can be easily altered. Digital forensic experts need to extract data from multiple sources without modifying them and preserve the source of evidence for authenticity and integrity. Moreover, digital evidence can sometimes give rise to probative problems, as the accused could claim that the data provided in the digital world are different from those in the physical world. This issue may become more complex and significant with the impending launch of the metaverse, a digital interaction form that could potentially contain criminal elements. Therefore, the role of forensic experts and the proper preservation and handling of digital evidence are crucial for the integrity of legal proceedings.
Final Thoughts
It is now widely accepted that the proliferation of digital evidence poses numerous challenges in the technical and legal aspects of criminal proceedings. To address these challenges, it is imperative for society and the international legal community to take necessary measures and conduct a review of relevant legislation. With proper measures in place, digital tools can be proven to be a valuable means of substantiating criminal charges.
Source: Offlinepost.gr