Abstract– Technological advancement in computer technology has opened new horizons for human progress along with creating new criminal opportunities. These computer based crimes are difficult to handle due to their rapid growth and transnational scope. It needs a two prong strategy which includes procedural and legal enhancements. Keeping in view the need of standardization in computer forensic process a comprehensive framework is suggested in this research. It will allow investigators to submit acceptable evidence in the court of law. All the countries across the globe must have strong legislative shield which will work as the foundation for computer forensics process. Legal system must cover penal and procedural laws along with …show more content…
Computer forensic involves complex nature of evidence. It makes computer forensic weaker in the eyes of law. There are many inter-organizational and legal issues involved in investigation. Evidence collected from a computer device must be legally acceptable and it requires a dedicated, flexible and comprehensive forensics framework.
2. Problem defined
The rapid growth of computer technology has created new opportunities for criminals to exploit online vulnerabilities against information stored and transmitted over advanced communication networks. The future growth of the information technology is endangered from growing cyber threats. [1]
There are two main interlinked problem areas [2] highlighted in this research. First one is the procedural framework of forensics framework. Second one is the legal framework of the electronic crimes in Pakistan.
Cyber threat is a global problem and it needs a global solution, involving all stakeholders. All countries linked together through cyber space must have adequate laws to cop with electronic crimes and especially computer crimes. In Pakistan “The Electronic Transactions Ordinance, 2002” was the first specific ordinance, it was a base for the “Prevention of Electronic Crime Ordinance” (PECO) 2007/2009 along with the laws contained in the Pakistan Penal Code (PPC).
Although PECO covers a lot of criminal scope yet many limitations are there in this ordinance. These limitations include:
Electronic evidence is very fragile because it can be destroyed or altered very easily, therefore it is imperative that investigators follow very careful all the procedural steps when collecting electronic evidence (Diversified Forensics). Before any electronic evidence is gathered investigators should determine whether there is probable cause that a crime has been committed, or if the crime was committed somewhere else the investigator should determine whether the electronic evidence will aid the investigation process to prove or disapprove the crime, if a warrant is needed it must be obtained prior to collecting the evidence (Diversified Forensics). Hard drives, computers, and other electronic devices must be turned off, unplug all cables,
A vast majority of citizens in this country are not aware of their rights as it pertains to their electronic devices. By following the practices of digital forensics and the laws set fourth to govern electronic devices. The justice system will become more clear to the average citizen.
A computer forensic investigation typically includes the collection, examination, analysis, and reporting of data. These steps could have been used to extract and preserve the data in the U.S. versus AOL case. Collection involves seizing digital evidence. Examination is where techniques are applied in order to identify and extract data. Analysis is using the data and resources to prove a case (Brecht, 2015). Reporting involves presenting the documentation gathered during the investigation. Investigators use these steps to examine evidence that could be needed in a trial. Following these steps is one way to ensure that the findings are sound and admissible in court. “The purpose of a computer forensic examination is to recover data from computers seized as evidence in criminal investigations (Brecht, 2015)”. Forensic tools are used by investigators to provide their collection, indexing and detailed analysis
Digital crime has been on the increase due to the increasing use of computer and internet. This has led the investigators with another method of fighting this crime. This is Computer Forensics, a process of going into computer hard drive and capturing basic information the user believed it has been erased.
In this essay I will be talking about the key guidelines when it comes to investigating computer related crimes, such as what kind of the sections and sub-sections the offence falls under when regarding the ‘law’. I will also analyse the principle that will apply when dealing with the collection data using the digital forensic unit to analyse the data, more so how this is used to make accurate judgment on why the data was in this location and what its purpose or intended use was. Furthermore I will address what kind the authority the ACPO are granted, and further dissect the responsibilities the chief commissioner has. Lastly I will be addressing one the biggest computer related crimes which Cyber Crime and how ACPO created a method for dealing with such crimes, such as dividing the crime into two different categories of Cyber Crime, and how they differ from one another.
An extremely important computer forensic service is the preservation of evidence. In this step a forensic image is made of all pertinent data. This image is actually what is being analyzed and the original source where the data was extracted is put in a safe and confidential environment. The security and authenticity of this information is analyzed very carefully and handled only by a digital forensics expert.
Dedicated system forensics specialists have trained intensively in investigating digital incidents to determine magnitude of the situation. Since digital crimes are committed on devices over multiple computing platforms, it is essential for forensic specialist to have a broad knowledge on which tools and techniques yield best results. The information collected from devices may serve as useful evidence in a legal matter; you never want the gathering of data to be an issue during the trial proceedings. Dedicated system forensic specialists understand the advantage in preparing a chain of custody report; it documents who oversaw data recovery or imaging, when & where collection took place and how & who stored data, which all add evidentiary value to findings. Individuals not skilled in the digital investigative process may inadvertently contaminate, overlook or destroy evidences, or simply forget to document the collection process. The smallest omission & fallacy in evidence collection or documentation can cause finds to
For an organization to safeguard its computer network it has to take computer security seriously and put it as one of its top priorities so as to ensure that vital services are available for it to operate. Furthermore, computer security requires the involvement of all the stakeholders through the sharing of information and collaborating in designing new ways of deterring attackers. Prosecution of offenders is a big challenge due to the nature of computer crime versus the set standard of evidence, as noted by McCusker (2007) ‘Contentions have appeared concerning whether such online crime can be classified into our general criminal justice framework, due to the shortfall in accessible examination materials which help or contradict either contention’.
In a world where technology is increasingly becoming the way of life, it was only a matter of time before crime was no longer just in the streets but happening online as well. Criminals now get a new approach to carry out their crimes with the use of computers. Since technology is more like a murder mystery than catching the bad guy in the act, a new discipline of forensics needed to be put into place. This is known as computer forensics. Forensic science is any science used for the purpose of law. In the case of computer forensics it is “the discipline that combines elements of law and computer science to collect and analyze data from computer systems, networks, wireless communications, and storage devices in a way that is admissible as evidence in a court of law” (U.S. Cert, 2008). Meaning if you do something illegal on the Internet it can be found.
What is Computer forensics basically it is the integration of computer science and law to solve crimes. It serves as a branch of digital forensic science and it applies to evidence that is found in computers and digital storage media. Its purpose is to examine digital media through the identification, preservation, collection, analyzation and offering facts and creating opinions based on the digital information. Even if it relates most with many computer crimes computer forensics still can be used in civilian cases. The purpose of this essay is discuss how practice of Computer forensics originated, the challenges it faces, how it is used to help in the investigation of a crime and some examples of cases, and finally where the future of this technology is headed.
The internet is a medium that is becoming progressively important as it makes information available in a quick and easy manner. It has transformed communications and acts as a global network that allows people to communicate and interact without being limited by time, boarders and distance. However, the infrastructure is vulnerable to hackers who use the system to commit cyber crime. To accomplish this, they make use of innovative stealth techniques for their malicious purposes in the internet.
In accordance with many decades of cyber evolution, a cybercrime is shown in different ranges of crimes, which depend on the spread of technology and law. From the introduction of computer in the 1960s to the rise of personal computer in 1980s, cybercrime began to appear. The crimes can vary from piracy of software to patent-related crimes. This caused a surge in the introduction of relevant legislation in many countries and international organizations involved. In late 1990s, when Internet and transnational crimes were born, the international community cooperated in many instances such as the passing of the UN General Assembly Resolution 45/121 in 1990 and the manual for the prevention and control of computer-related crimes issued in 1994. Despite all the
Thus, what we need under the present circumstances is a comprehensive approach to deal with the problem in question. In a recent survey by a private organisation to tap on recent emerging threats of cyber crime, several issues from the world of digital technologies were enlisted.
Cybercrime has become a fast growing concern for the 21st century as businesses, institutions and individuals grow into an interconnected web of computer networks. Online business transactions, along with the sharing of personal information, are vulnerable to a host of disasters that can reap economic and social havoc. Some sources say that today, cybercrime costs more than $1.0 trillion to society--Global Industry Analysts, Inc. forecasted the world cyber security market to reach $80 billion by 2017 (Gale, 2011).
In simple terms, computer or digital forensic evidence analysis is the scientific collection of data that is either retrieved or held by a computer storage device that can be used against a criminal in a court of law. For the information to be used in court it should be collected before it is presentation; therefore, there are a number of recommendations proposed to make sure that information collected meets the intended integrity.