A Model for Digital Evidence Admissibility Assessment

Abstract

Digital evidence is increasingly important in legal proceedings as a result of advances in the information and communications technology sector. Because of the transnational nature of computer crimes and computer-facilitated crimes, the digital forensic process and digital evidence handling must be standardized to ensure that the digital evidence produced is admissible in legal proceedings. The different positions of law on matters of evidence in different jurisdictions further complicates the transnational admissibility of digital evidence. A harmonized framework for assessing digital evidence admissibility is required to provide a scientific basis for digital evidence to be admissible and to ensure the cross-jurisdictional acceptance and usability of digital evidence. This chapter describes a harmonized framework that integrates the technical and legal requirements for digital evidence admissibility. The proposed framework, which provides a coherent techno-legal foundation for assessing digital evidence admissibility, is expected to contribute to ongoing developments in digital forensics standards.