Cyber Forensics in India: The situation today

LAW REVIEW ◽  
2018 ◽  
Vol 37 (01) ◽  
Author(s):  
Kalrav Krishna Tripathi

a nascent stage. The requirement for computer forensics has been gaining importance with each passing day and the increasing forms and manners of cybercrimes and litigations involving parties of a larger institutional character. It is a sine qua non for every organization in contemporary times to employ the services of a computer forensics agency or hire a specialized expert from the said field to maintain the security of the organizations with respect to cybercrimes and data protection. Major quantum of losses, at unexpected times caused by cybercrimes with to various organizations has resulted in creating a keen interest with respect to the same. The main scope and significance of this paper is the understanding of the working as well as importance of Cyber Forensics in the modern age. In the wake of this and recent incidents in relation to cyber-crimes as such due importance must be given to the studies relating to the same and Cyber Forensics is one of them. It focuses on India and its interaction with crime via Cyber Forensics. The paper proceeds on the ground that there is a growing need for advancement in the field of cyber forensics in order to keep up with the spurt in crimes related to computers. In the present legal set up there is a need for procedural guidelines to deal with cyber-crimes.

Author(s):  
Gulshan Shrivastava ◽  
Kavita Sharma ◽  
Manju Khari ◽  
Syeda Erfana Zohora

This chapter describes cyber forensics, also known as computer forensics, which is a subdivision of digital forensic science, relating to evidence detection in computers and digital storage media. The purpose of cyber forensics is the forensically-sound investigation of digital media with the intent to: identify, preserve, recover, analyze, present facts, and opinions; concerning the digital information. Even though it is generally allied with the analysis of cyber-based crimes, computer forensics may also be used in civil proceedings. Evidence composed from cyber forensic analysis is typically subjected to similar procedures and performs as supplementary digital evidence. With these advancements, it was desired that cyber forensics be to protect users and remain citizen-centric. This chapter shows that there is additional research needed to understand the implications of cyber forensic research to improve detection of cyber crimes.


2019 ◽  
pp. 1349-1368
Author(s):  
Gulshan Shrivastava ◽  
Kavita Sharma ◽  
Manju Khari ◽  
Syeda Erfana Zohora

This chapter describes cyber forensics, also known as computer forensics, which is a subdivision of digital forensic science, relating to evidence detection in computers and digital storage media. The purpose of cyber forensics is the forensically-sound investigation of digital media with the intent to: identify, preserve, recover, analyze, present facts, and opinions; concerning the digital information. Even though it is generally allied with the analysis of cyber-based crimes, computer forensics may also be used in civil proceedings. Evidence composed from cyber forensic analysis is typically subjected to similar procedures and performs as supplementary digital evidence. With these advancements, it was desired that cyber forensics be to protect users and remain citizen-centric. This chapter shows that there is additional research needed to understand the implications of cyber forensic research to improve detection of cyber crimes.


Author(s):  
Szilvia Varadi

Cloud Computing is a diverse research area that encompasses many aspects of sharing software and hardware solutions, including computing and storage resources, application runtimes or complex application functionalities. In the supply of any goods and services, the law gives certain rights that protect the consumer and provider, which also applies for Cloud Computing. This new technology also moves functions and responsibilities away from local ownership and management to a third-party provided service, and raises several legal issues, such as data protection, which require this service to comply with necessary regulation. In this chapter the author investigates the revised legislation of the European Union resulting in the General Data Protection Regulation, which will be used to set up the new European Data Protection Framework. The author gathers and summarizes the most relevant changes this regulation brings to the field of Clouds, and draws relations to the previous legislation called the Data Protection Directive currently in force.


2019 ◽  
Vol 43 (6) ◽  
pp. 301-309 ◽  
Author(s):  
Johannes Drepper

Abstract The European General Data Protection Regulation (GDPR) incorporates many of the principles of data protection that were already in force in the past. Insofar the data protection requirements for German biobanks have not fundamentally changed since the GDPR became applicable in May 2018. In detail, however, new and relevant requirements have been added. Due to many derogation clauses that allow national deviations, federal and state laws must also be taken into account in Germany, depending on the legal form of the biobank or the supporting institution, which increases the complexity in individual cases. Research-oriented biobanks can still rely on informed, voluntary and explicit consent from patients or test persons. Other legal bases are also possible in certain cases. The information and transparency requirements have increased with the DSGVO, which has led to higher administrative costs. However, a major problem existed before and continues to exist in clarifying how biobanks deal with the right to know and the right not to know of their subjects, how this is explained in advance and which policy can be implemented in the long term, also in the context of targeted recruitment for later studies. The complexity of the regulatory framework and the resulting demands on biobanks make the development and implementation of standards unavoidable. In addition, it is recommended that such infrastructures be centralised, professionalised and equipped with the necessary resources.


Author(s):  
Kirti Raj Raj Bhatele ◽  
Deepak Dutt Mishra ◽  
Himanshu Bhatt ◽  
Karishma Das

This chapter provides prerequisites associated with cyber crimes, cyber forensics, and law enforcement. It consists of a brief introduction to the definition of cyber crimes, its classification, challenges associated with it and how it evolved with time, impact on the society, cyber terrorism, and the extent of problem scalability along with focusing on law enforcement aspects associated with the tracking and the prevention from such type crimes. The aspects discussed here include various cyber laws and law enforcement techniques introduced by various countries throughout the world which helps them to fight against cyber crimes. The cyber laws discussed include Australian, Canadian, United States, United Kingdom, and Indian law. This chapter also deals with the digital/cyber forensics, what does digital/cyber forensics mean, its types, and laws/rules revolving around them, like how to collect evidence, jurisdictions, and e-discovery.


Author(s):  
Mohammad Zunnun Khan ◽  
Anshul Mishra ◽  
Mahmoodul Hasan Khan

This chapter includes the evolution of cyber forensics from the 1980s to the current era. It was the era when computer forensics came into existence after a personal computer became a viable option for consumers. The formation of digital forensics is also discussed here. This chapter also includes the formation of cyber forensic investigation agencies. Cyber forensic life cycle and related phases are discussed in detail. Role of international organizations on computer evidence is discussed with the emphasize on Digital Forensic Research Workshop (DFRWS), Scientific Working Group on Digital Evidence (SWDGE), chief police officers' involvement. Authenticity-, accuracy-, and completeness-related pieces of evidence are also discussed. The most important thing that is discussed here is the cyber forensics data.


2020 ◽  
pp. 64-81
Author(s):  
Kirti Raj Raj Bhatele ◽  
Deepak Dutt Mishra ◽  
Himanshu Bhatt ◽  
Karishma Das

This chapter provides prerequisites associated with cyber crimes, cyber forensics, and law enforcement. It consists of a brief introduction to the definition of cyber crimes, its classification, challenges associated with it and how it evolved with time, impact on the society, cyber terrorism, and the extent of problem scalability along with focusing on law enforcement aspects associated with the tracking and the prevention from such type crimes. The aspects discussed here include various cyber laws and law enforcement techniques introduced by various countries throughout the world which helps them to fight against cyber crimes. The cyber laws discussed include Australian, Canadian, United States, United Kingdom, and Indian law. This chapter also deals with the digital/cyber forensics, what does digital/cyber forensics mean, its types, and laws/rules revolving around them, like how to collect evidence, jurisdictions, and e-discovery.


2005 ◽  
Vol 2 (5) ◽  
Author(s):  
Bindu Dey

AbstractIntroductionThat the genes are responsible for disease susceptibility, differential drug response and drug toxicity was always suspected; post-genome developments, pharmacogenetics and pharmacogenomics have proven that beyond doubt. The trials of AstraZeneca drug, IRESSA, an EGFR kinase inhibitor approved for non-small lung cancer have clearly shown the consequences of exposing the non-responders to such drugs. It has also initiated an intense debate within the regulatory set up to seek genomic solutions to drug variability during development, clinical testing and their approvals. The strong drug lobby that is used to “one drug for all”, pushing their products across continents to re-coup the heavy ivestments made in R&D and currently fighting for “TRIPS plus” rights over ”Data Protection” may not like the population dynamics. However, one wonders the worth of such clinical data if the drug fails or induces adverse reactions in a different set of population with variation in crucial set of genes that the drug intends to target!


2015 ◽  
Vol 12 (2) ◽  
pp. 1192
Author(s):  
Ümit Bostancı ◽  
Recep Benzer

<p>In the context of computer forensics, computer is merely the one of the devices that can be used to commit IT crime. Nowadays, there is an increase related to IT crimes committed consciously or unconsciously. In addition, cyber crimes can be committed through a variety of electronic devices. In related to this matter, there are some legal regulations in both Turkish Penal Code and Law of Criminal Procedure.</p><p>In the globalizing world, together with expansion of use of Internet quickly, uncontrolled and unconsciously, dimension of IT crimes have become beyond the country’s border and cooperation with each of the countries to struggle with this issue has become compulsory. Indeed, as investigation are getting deeper, a computer crime that seems to have been commited in a country through misleading IP addresses can be observed that this crime actually had been committed in an another country.</p><p>In an investigation or prosecution phase of a committed cyber crime, searching on the computer, copying data of the computer and even seizing the computer as an evidence of a crime may be required.</p><p>In societies using Information systems so intense; making more specific regulations regarding how incident response of cyber crimes and other crimes committed by means of information systems, investigation and prosecution should be done will ensure more effective results in the fight against these crimes.</p><p>The main purpose of this study, to expose the legal arrangements about search, copy and seizure on the computers in the Turkish legal system, to express encountered problems in practice and to reccomend some solutions related to these.</p><p> </p><p><strong>Özet</strong></p><p>Adli bilişim bağlamında bilgisayar, bilişim suçu işlemede kullanılabilecek aygıtlardan sadece birisidir. Günümüzde bilişim suçlarının bilinçli ya da bilinçsiz olarak işlenmeleri ile ilgili göze çarpan bir artış söz konusudur.  Ayrıca bilişim suçları çeşitli elektronik aletler vasıtasıyla işlenebilmektedir. Bu konuyla ilgili olarak gerek TCK’da gerek Ceza Muhakemeleri Kanununda bazı yasal düzenlemeler yer almaktadır.</p><p>Globalleşen dünyada İnternet kullanımının hızla, kontrolsüz ve bilinçsiz bir şekilde yayılmasıyla birlikte bilişim suçlarının boyutları ülke sınırlarını aşar hale gelmiş ve bilişim suçları ile mücadele edebilmek için ülkelerin birbirleriyle işbirliği yapmaları zorunlu hale gelmiştir. Zira, yanıltıcı IP adresleri vasıtasıyla bir ülkede işlenmiş gibi gözüken bir bilişim suçunun araştırmalar derinleştikçe aslında o ülkede değil başka ülkede ya da ülkelerde yer alan sunucular vasıtasıyla işlenebildiği gözlemlenmektedir.                                                                           </p><p>İşlenen bir bilişim suçunun soruşturması ya da kovuşturma aşamasında bilgisayarlar üzerinde arama yapılması, bilgisayar üzerindeki verilerin birebir kopyalanması ve hatta suç delili olarak bu bilgisayarlara el konulması gerekebilir. </p><p>Bilgi sistemlerini bu kadar yoğun kullanan toplumlarda, bilişim suçlarına ve bilişim sistemleri vasıtasıyla işlenen diğer suçlara müdahale, soruşturma ve kovuşturma’nın nasıl yapılması gerektiğine ilişkin daha özel yasal düzenlemelerin yapılması bu suçlarla mücadelede daha etkili sonuçların alınmasını sağlayacaktır.</p><p>Çalışmanın temel amacı, Türk hukuk sisteminde bilgisayarlarda arama, kopyalama ve el koymaya ait yasal düzenlemelerin ortaya konulması, uygulamada karşılaşılan aksaklıkların dile getirilerek bunlara ilişkin çözümlerin önerilmesidir.</p>


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