Law, CyberCrime and Digital Forensics

Author(s):  
Andreas Mitrakas ◽  
Damián Zaitch

The steep increase of cyber crime has rendered digital forensics an area of paramount importance to keep cyber threats in check and invoke legal safety and security in electronic transactions. This chapter reviews certain legal aspects of forensic investigation, the overall legal framework in the EU and U.S. and additional self-regulatory measures that can be leveraged upon to investigate cyber crime in forensic investigations. This chapter claims that while full-scale harmonisation of forensic investigation processes across the EU and beyond is unlikely to happen in the foreseeable future, cross-border investigations can be greatly facilitated by initiatives aiming at mutual assistance arrangements based on a common understanding of threats and shared processes. Involving the users through self-regulation and accountability frameworks might also contribute to reducing risks in electronic communications that emanate from cyber criminal threats.

2008 ◽  
pp. 1681-1700
Author(s):  
Andreas Mitrakas ◽  
Damián Zaitch

The steep increase of cyber crime has rendered digital forensics an area of paramount importance to keep cyber threats in check and invoke legal safety and security in electronic transactions. This chapter reviews certain legal aspects of forensic investigation, the overall legal framework in the EU and U.S. and additional self-regulatory measures that can be leveraged upon to investigate cyber crime in forensic investigations. This chapter claims that while full-scale harmonisation of forensic investigation processes across the EU and beyond is unlikely to happen in the foreseeable future, cross-border investigations can be greatly facilitated by initiatives aiming at mutual assistance arrangements based on a common understanding of threats and shared processes. Involving the users through self-regulation and accountability frameworks might also contribute to reducing risks in electronic communications that emanate from cyber criminal threats.


2018 ◽  
Vol 24 (2) ◽  
pp. 140-144
Author(s):  
Valentina Aleksandrova

Abstract The entry into force of new laws governing electronic communications pose new challenges to electronic communication with the judiciary authorities and arise practical issues with its proof. The following article aims to summarize the results of theoretical and practical analysis of the current legal framework on the proof of electronic communications in our country and its regulation in the Tax and Social Insurance Procedure Code. In legal theory, there is a common understanding about the document and its essence, as a means of proof and it is that the document is a thing on which with the written or electronic symbol it is a materialized statement. The electronic document is a means of proof which, by virtue of law, has the same (equal) evidentiary effect, as the written document. The evidentiary effect of the document does not depend on whether the document is written or electronic, but whether it is accompanied by the signature of its author and, above all, the capacity of the publisher compiling the document


Author(s):  
Oksana Zvozdetska

Today, both Ukraine and European countries are subject to disinformation and foreign intervention in their domestic policies. Each democracy no matter its geography experiences its distinct vulnerabilities and respectively, reactions to foreign interference. It should be stated, the immediate responses to such challenges in most Western countries have been rare and sluggish, hampered by legal constraints and bureaucracy, and furthermore, they lacked a real political awareness of the problem or proof of its further impact. Foreign actors are increasingly using disinformation strategies to influence public debate, stir controversy and interfere in democratic decision-making. Responding to these new challenges, the European Commission has introduced a set of actions and tools to better regulate the digital ecosystem of the media and its participants, in particular, the formation and improvement of the legal framework to combat disinformation in the European information space. The researcher’s focus revolves around the European Union’s comprehensive approach to vigorous combating misinformation. The research data prove that since 2015, the EU has adopted a number of regulations to counter this information threat and the potential effects of foreign interference. In particular, in 2016 the EU adopted a document “Joint Framework on countering hybrid threats, a European Union response”, and “Action Plan against Disinformation”, respectively in 2018. These documents provide a baseline for understanding the diverse types of challenges other countries face and how they are addressing them. Consequently, a number of initiatives and projects of the European institutions, and the first worldwide self-regulatory “EU Code of Practice on Disinformation” issued in 2018 on a voluntary basis, have become main pillars of the EU. The Code identifies issues related to ensuring the transparency of political advertising, strengthening efforts to close active counterfeits. accounts, enabling users to report misinformation and access various news sources, while improving the visibility and reliability of authoritative content; enabling the research community to monitor disinformation on the Internet through access to these platforms, compatible with the confidentiality signed by the largest Internet platforms and social media (Google, Facebook, Twitter and Mozilla) in the framework of WMC self-regulation activities. It should be noted that the implementation of the “European Union Code of Practice on Countering Disinformation” has yielded ambiguous fruits. Self-regulation was the first logical and necessary step, but few stakeholders were fully satisfied with the process or its outcome, significant challenges remain for building trust through industry, governments, academia and civil society engagement.


2021 ◽  
Vol 34 (02) ◽  
pp. 964-972
Author(s):  
Olga Vladimirovna Markova ◽  
Ekaterina Yevgenievna Listopad ◽  
Aleksandr Vladimirovich Shelygov ◽  
Alexander Grigorievich Fedorov ◽  
Igor Valentinovich Kiselevich

The article deals with the economic and legal aspects of the innovative activity of enterprises in the context of the digital economy. The authors have established that the innovative activity of enterprises includes also the development of artificial intelligence and robotics and that in the current conditions when creating and using artificial intelligence technologies, the issue of ensuring national security in the digital environment becomes extremely important. In this case, the strategic goal of ensuring information security is to protect the vital interests of the individual and society against internal and external threats associated with the application of information technologies for various purposes contrary to civil law. It is proved that innovations will increase the investment attractiveness of the business, maintain a balance of creative freedom and internal control measures, self-regulation in the field of digital technologies, and develop a unified legal framework in the economic space.


Law and World ◽  
2021 ◽  
Vol 7 (5) ◽  
pp. 8-13

In the digital era, technological advances have brought innovative opportunities. Artificial intelligence is a real instrument to provide automatic routine tasks in different fields (healthcare, education, the justice system, foreign and security policies, etc.). AI is evolving very fast. More precisely, robots as re-programmable multi-purpose devices designed for the handling of materials and tools for the processing of parts or specialized devices utilizing varying programmed movements to complete a variety of tasks.1 Regardless of opportunities, artificial intelligence may pose some risks and challenges for us. Because of the nature of AI ethical and legal questions can be pondered especially in terms of protecting human rights. The power of artificial intelligence means using it more effectively in the process of analyzing big data than a human being. On the one hand, it causes loss of traditional jobs and, on the other hand, it promotes the creation of digital equivalents of workers with automatic routine task capabilities. “Artificial intelligence must serve people, and therefore artificial intelligence must always comply with people’s rights,” said Ursula von der Leyen, President of the European Commission.2 The EU has a clear vision of the development of the legal framework for AI. In the light of the above, the article aims to explore the legal aspects of artificial intelligence based on the European experience. Furthermore, it is essential in the context of Georgia’s European integration. Analyzing legal approaches of the EU will promote an approximation of the Georgian legislation to the EU standards in this field. Also, it will facilitate to define AI’s role in the effective digital transformation of public and private sectors in Georgia.


Author(s):  
Jacobus Gerhardus Nortje ◽  
Daniel Christoffel Myburgh

The discipline of digital forensics requires a combination of skills, qualifications and knowledge in the area of forensic investigation, legal aspects and information technology. The uniqueness of digital evidence makes the adoption of traditional legal approaches problematic. Information technology terminology is currently used interchangeably without any regard to being unambiguous and consistent in relation to legal texts. Many of the information technology terms or concepts have not yet achieved legal recognition. The recognition and standardisation of terminology within a legal context are of the utmost importance to ensure that miscommunication does not occur. To provide clarity or guidance on some of the terms and concepts applicable to digital forensics and for the search and seizure of digital evidence, some of the concepts and terms are reviewed and discussed, using the Criminal Procedure Act 51 of 1977 as a point of departure. Digital evidence is often collected incorrectly and analysed ineffectively or simply overlooked due to the complexities that digital evidence poses to forensic investigators. As with any forensic science, specific regulations, guidelines, principles or procedures should be followed to meet the objectives of investigations and to ensure the accuracy and acceptance of findings. These regulations, guidelines, principles or procedures are discussed within the context of digital forensics: what processes should be followed and how these processes ensure the acceptability of digital evidence. These processes include international principles and standards such as those of the Association of Chiefs of Police Officers and the International Organisation of Standardisation. A summary is also provided of the most influential or best-recognised international (IOS) standards on digital forensics. It is concluded that the originality, reliability, integrity and admissibility of digital evidence should be maintained as follows: Data should not be changed or altered. Original evidence should not be directly examined. Forensically sound duplicates should be created. Digital forensic analyses should be performed by competent persons. Digital forensic analyses should adhere to relevant local legal requirements. Audit trails should exist consisting of all required documents and actions. The chain of custody should be protected. Processes and procedures should be proper, while recognised and accepted by the industry. If the ACPO (1997) principles and ISO/IEC 27043 and 27037 Standards are followed as a forensic framework, then digital forensic investigators should follow these standards as a legal framework.  


2016 ◽  
Vol 10 (1) ◽  
pp. 113-127 ◽  
Author(s):  
Pavel Loutocký

Traditional judicial mechanisms did not offer an adequate solution for cross-border electronic commerce disputes. Although there has been expected great potential in solving disputes online and the rise of Online Dispute Resolution (ODR) use, the assumptions has not been confirmed yet. Only a few examples demonstrate the success stories of ODR, which is in big contrast to the continuous growth of electronic transactions and in general with the use of the online environment. The European Commission however understood the potential of ODR and it is trying to foster the use of it by adopting the ODR Regulation and the ADR Directive. Such legal framework has been developed to apply in consumer disputes arising out of sales or providing services between an EU consumer and an EU trader.The ADR Directive sets out basic standards of ADR entities and processual rules under which it is possible to solve the dispute. Then under the ODR Regulation the complainant will be able to submit a complaint using the ODR platform. The complaint (and any related documentation) will be submitted to the ODR platform via an electronic form.Yet it is necessary to assess the risks of above mentioned legal framework. One of the great concerns are connected with possible forum shopping while providers are registering as ADR entities. Experienced trader (unlike the consumer) is able to choose ADR provider, which is more likely to decide in his favour. Possible exclusion of online negotiation or even online tools in general is then further underlining possible. The paper will thus assess main legal aspects of ADR / ODR legal framework of European Union Law and will deal with main problematic parts of it.


2019 ◽  
Vol 8 (3) ◽  
pp. 354
Author(s):  
Iryna Iefremova ◽  
Iryna Lomakina ◽  
Nataliia Obiiukh

In the context of exacerbation of environmental problems that are global in nature, it is necessary to assess the opportunities and development prospects of environmental policy not only at the international level, but also at the regional European level. In this regard, the focus of our article is to consider the problem of protecting groundwater as a strategic natural resource and to analyze the practice of applying European directives on water quality and protection of groundwater in EU countries. In the EU, the basic legal framework for water protection is defined in the Water Framework Directive that determines the need to develop monitoring programs and basin water management plans to improve the quality of water in the EU by the member states. However, taking into account the fact that groundwater, especially drinking artesian water, is vulnerable to pollution, improvement of the legal groundwater protection system and the search for rational groundwater protection practices implemented in the EU countries are vitally necessary. Therefore, the paper aims to explore the ways of EU legislation development in the field of water resources protection, identifying the main areas of groundwater protection and analyzing the legal means used in certain EU countries, in particular, Austria, Germany, as well as identifying priorities and objectives for Ukraine on the way to integration into the system of European water legislation. Keywords: EU legislation, groundwater, groundwater pollution, groundwater use, water management, water protection.


Sign in / Sign up

Export Citation Format

Share Document