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نتیجه جستجو - شواهد دیجیتال

تعداد مقالات یافته شده: 9
ردیف عنوان نوع
1 IP Addresses in the Context of Digital Evidence in the Criminal and Civil Case Law of the Slovak Republic
آدرسهای IP در زمینه شواهد دیجیتالی در پرونده کیفری و مدنی جمهوری اسلواکی-2020
Use of IP addresses by courts in their decisions is one of the issues with growing importance. This applies especially at the time of the increased use of the internet as a mean to violate legal provisions of both civil and criminal law. This paper focuses predominantly on two issues: (1) the use of IP addresses as digital evidence in criminal and civil proceedings and possible mistakes in courts approach to this specific evidence, and (2) the anonymisation of IP addresses in cases when IP addresses are to be considered as personal data. This paper analyses the relevant judicial decisions of the Slovak Republic spanning the time period from 2008 to 2019, in which the relevant courts used the IP address as evidence. On this basis, the authors formulate their conclusions on the current state and developing trends in the use of digital evidence in judicial proceedings. The authors demonstrate the common errors that occur in the courts’ decisions as regards the use of IP addresses as evidence in the cases of the IP addresses anonymisation, usage of the in dubio pro reo principle in criminal proceedings, and the relationship between IP addresses and devices and persons.
Keywords: IP address | Digital evidence | Criminal and civil proceedings | Privacy | Personal data | Anonymisation
مقاله انگلیسی
2 Safeguarding the evidential value of forensic cryptocurrency investigations
حفاظت از ارزش اثبات تحقیقات ارز رمزنگاری شده قانونی-2020
Analyzing cryptocurrency payment flows has become a key forensic method in law enforcement and is nowadays used to investigate a wide spectrum of criminal activities. However, despite its widespread adoption, the evidential value of obtained findings in court is still largely unclear. In this paper, we focus on the key ingredients of modern cryptocurrency analytics techniques, which are clustering heuristics and attribution tags. We identify internationally accepted standards and rules for substantiating suspicions and providing evidence in court and project them onto current cryptocurrency forensics practices. By providing an empirical analysis of CoinJoin transactions, we illustrate possible sources of misinterpretation in algorithmic clustering heuristics. Eventually, we derive a set of legal key requirements and translate them into a technical data sharing framework that fosters compliance with existing legal and technical standards in the realm of cryptocurrency forensics. Integrating the proposed framework in modern cryptocurrency analytics tools could allow more efficient and effective investigations, while safeguarding the evidential value of the analysis and the fundamental rights of affected persons.
Keywords: Digital forensics | Cryptocurrencies | Digital evidence | Safeguards | Legal
مقاله انگلیسی
3 Digital Evidence Certainty Descriptors (DECDs)
توصیف کنندگان قطعیت شواهد دیجیتال (DECD)-2020
Whilst many other traditional forensic science disciplines are encouraged to describe the weight of their evidence in some form of quantifiable measurement/expression, this is rarely done in digital forensics. There are calls to rectify this situation, suggesting that the field should begin to develop more robust, scientific methods for evaluating the digital evidence presented by its practitioners. Whilst such a recommendation carries a number of potential benefits, caution must be exercised as at present there are no available satisfactory methods for achieving this. This work suggests that attaining such methods may not actually be possible due to the intricacies of digital data and the difficulties involved with the finegrained interpretation of events. As a result it is argued that attempts to quantify any uncertainty should be abandoned in favour of methods which reliably describe when uncertainty exists and in what capacity. Here, the Digital Evidence Certainty Descriptors (DECDs) framework is offered as a method for conveying when uncertainty exists in a set of digital findings. The DECDs framework is discussed and applied to working examples to demonstrate the difficulties involved with determining the authenticity of a given hypothesis regarding digital evidence.
Keywords: Digital forensics | Digital evidence | Likelihood | Uncertainty | Criminal investigation
مقاله انگلیسی
4 Digital evidence: Unaddressed threats to fairness and the presumption of innocence
شواهد دیجیتالی: تهدیدهای بدون توجه به انصاف و فرض بی گناهی-2020
Contemporary criminal investigation assisted by computing technology imposes challenges to the right to a fair trial and the scientific validity of digital evidence. This paper identifies three categories of unaddressed threats to fairness and the presumption of innocence during investigations – (i) the inappropriate and inconsistent use of technology; (ii) old procedural guarantees, which are not adapted to contemporary digital evidence processes and services; (iii) and the lack of reliability testing in digital forensics practice. Further, the solutions that have been suggested to overcome these issues are critically reviewed to identify their shortcomings. Ultimately, the paper argues for the need of legislative intervention and enforcement of standards and validation procedures for digital evidence in order to protect innocent suspects and all parties in the criminal proceedings from the negative consequences of technology-assisted investigations.© 2021 The Authors. Published by Elsevier Ltd. This is an open access article under the CC BY license (http://creativecommons.org/licenses/by/4.0/)
Keywords: Presumption of innocence | Digital evidence | Reliability | Digital forensics | Fair trial
مقاله انگلیسی
5 Digital evidence in fog computing systems
شواهد دیجیتال در سیستم های محاسباتی مه-2020
Fog Computing provides a myriad of potential societal benefits: personalized healthcare, smart cities, automated vehicles, Industry 4.0, to name just a few. The highly dynamic and complex nature of Fog Computing with its low latency communication networks connecting sensors, devices and actuators facilitates ambient computing at scales previously unimaginable. The combination of Machine Learning, Data Mining, and the Internet of Things, sup- ports endless innovation in our data driven society. Fog computing incurs new threats to security and privacy since these become more difficult when there are an increased number of connected devices, and such devices (for example sensors) typically have limited capacity for in-built security. For law enforcement agencies, the existing models for digital forensic investigations are ill suited to the emerging fog paradigm. In this paper we examine the procedural, technical, legal, and geopolitical challenges associated with digital forensic investigations in Fog Computing. We highlight areas that require further development, and posit a framework to stimulate further consideration and discussion around the challenges associated with extracting digital evidence from Fog Computing systems.© 2021 R. Hegarty and M. Taylor. Published by Elsevier Ltd. All rights reserved.
Keywords: Digital evidence | Fog computing | Cyber crime
مقاله انگلیسی
6 IP Addresses in the Context of Digital Evidence in the Criminal and Civil Case Law of the Slovak Republic
آدرس های IP در زمینه شواهد دیجیتال در قانون پرونده های کیفری و مدنی جمهوری اسلواکی-2020
Use of IP addresses by courts in their decisions is one of the issues with growing importance. This applies especially at the time of the increased use of the internet as a mean to violate legal provisions of both civil and criminal law. This paper focuses predominantly on two issues: (1) the use of IP addresses as digital evidence in criminal and civil proceedings and possible mistakes in courts approach to this specific evidence, and (2) the anonymisation of IP addresses in cases when IP addresses are to be considered as personal data. This paper analyses the relevant judicial decisions of the Slovak Republic spanning the time period from 2008 to 2019, in which the relevant courts used the IP address as evidence. On this basis, the authors formulate their conclusions on the current state and developing trends in the use of digital evidence in judicial proceedings. The authors demonstrate the common errors that occur in the courts’ decisions as regards the use of IP addresses as evidence in the cases of the IP addresses anonymisation, usage of the in dubio pro reo principle in criminal proceedings, and the relationship between IP addresses and devices and persons.
Keywords: IP address | Digital evidence | Criminal and civil proceedings | Privacy | Personal data | Anonymisation
مقاله انگلیسی
7 Structuring the Evaluation of Location-Related Mobile Device Evidence
ساختار ارزیابی مدارک مربوط به مکان تلفن همراه-2020
Location-related mobile device evidence is increasingly used to address forensic questions in criminal investigations. Evaluating this form of evidence, and expressing evaluative conclusions in this forensic discipline, are challenging because of the broad range of technological subtleties that can interact with circumstantial features of cases in complex ways. These challenges make this type of digital evidence prone to misinterpretations by both forensic practitioners and legal decision-makers. To mitigate the risk of misleading digital forensic findings, it is crucial to follow a structured approach to evaluation of location-related mobile device evidence. This work presents an evaluation framework widely used in forensic science that employs scientific reasoning within a logical Bayesian framework to clearly distinguish between, on the one hand, what has been observed (i.e., what data are available) and, on the other hand, how those data shed light on uncertain target propositions. This paper provides case examples to illustrate the advantages and difficulties of applying this approach to location-based mobile device evidence. This work helps digital forensic practitioners follow the principles of balanced evaluation and convey location-related mobile device evidence in a way that allows decision-makers to properly understand the relative strength of, and limitations in, digital forensic results.
Keywords: Digital forensic science | Scientific interpretation | Digital evidence evaluation | Location-related evidence | Mobile device evidence | Geolocation data
مقاله انگلیسی
8 Fintech forensics: Criminal investigation and digital evidence in financial technologies
پزشکی قانونی Fintech: تحقیقات جنایی و شواهد دیجیتالی در فناوری های مالی-2020
This paper describes an emerging sub-discipline of digital forensics covering financial technologies, or Fintech. The digital transformation of society is introducing new Fintech for payments, funds transfer, and other financial transactions. Criminals are using and abusing financial technologies for fraud, extortion, money laundering, and financing activity in the criminal underground. The investigation of Fintech and digital payment activity needs to be recognized as a new technical sub-discipline of the digital forensics landscape. The digital forensics community is well positioned to provide research for practitioners to enhance investigations involving Fintech and technical financial activity.
Keywords: Fintech | Cybercrime | Cyberfraud | Underground economy | Phishing | Finance | Crypto currency | Money laundering
مقاله انگلیسی
9 Digital evidence, `absence of data and ambiguous patterns of reasoning
شواهد دیجیتال، غیبت داده ها و الگوهای مبهم از استدلال-2016
Keywords:Forensic interpretation Digital traces and the law Case discussionLikelihood ratioQualitative probabilistic networksIn this paper we discuss the use of digital data by the Swiss Federal Criminal Court in a recent case of attempted homicide. We use this case to examine drawbacks for the defense when the presentation of scientific evidence is partial, especially when the only perspective mentioned is that of the prosecution. We tackle this discussion at two distinct levels. First, we pursue an essentially non-technical presentation of the topic by drawing parallels between the courts summing up of the case and flawed patterns of reasoning commonly seen in other forensic disciplines, such as DNA and particle traces (e.g., gunshot residues). Then, we propose a formal analysis of the case, using elements of probability and graphical probability models, to justify our main claim that the partial presentation of digital evidence poses a risk to the administration of justice in that it keeps vital infor- mation from the defense. We will argue that such practice constitutes a violation of general principles of forensic interpretation as established by forensic science literature and cur- rent recommendations by forensic science interest groups (e.g., the European Network of Forensic Science Institutes). Finally, we posit that argument construction and analysis using formal methods can help replace digital evidence appropriately into context and thus support a sound evaluation of the evidence.© 2016 The Authors. Published by Elsevier Ltd on behalf of DFRWS. This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/).
Keywords: Forensic interpretation | Digital traces and the law | Case discussion | Likelihood ratio | Qualitative probabilistic networks
مقاله انگلیسی
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