Integração entre arquivística e perícia digital: desafios, legislação e políticas públicas para evidências digitais

Skimming is a form of cybercrime that continues to grow with the increasing use of digital banking technology. This method involves stealing customer card data through special devices installed on ATMs or payment terminals, resulting in significant financial losses. This article discusses law enforcement against skimming, focusing on two main aspects: digital forensic challenges and evidence in court. The research method used is a juridical-normative approach with a literature review, which includes analysis of laws and regulations, legal literature, and actual cases related to skimming. Furthermore, a case study approach is used to examine the application of digital evidence in the judicial process. The results show that investigators face difficulties in identifying electronic traces, analyzing evidence, and ensuring the authenticity of digital data that is vulnerable to manipulation. Another challenge lies in providing evidence in court, where judges and law enforcement officials often have limited technical understanding of digital forensics. However, judicial practice shows that digital evidence is admissible if obtained legally and supported by adequate forensic expertise. Thus, law enforcement against skimming requires synergy between regulations, technology, and the competence of law enforcement officials. Collaboration between digital forensic experts and law enforcement is key in addressing skimming as a cybercrime.

This paper aims at the application of Digital Diplomatic and Digital Forensics Science in digital-born records, in order to guarantee its authenticity in institutional routines and processes, but also as a source of proof in possible legal and juridical scenarios. In view of the vast and fruitful discussions focused on the complexity of the digital records in Archival Science and Information Science (I.S.), there is a gap to manage and preserve the digital records, keeping them reliable, accurate and authentic in systems that have the same conditions. This gap makes it impossible to preserve records in the long term due, firstly, to the fragility of the systems where they are stored and, secondly, to the constant risks of obsolescence of hardware and software that occur on a day by day. Digital Diplomatic Science assists this process by determining the form and content of the record to evidence its legal-diplomatic authenticity and establish its historical value. Digital Forensic Science, in turn, provides support for the chain of custody to remain intact, regardless of the medium on which the digital record is fixed. The following questions is raised: Is it possible to apply the practice of law and the Digital Forensics in the area of the Archival Science and information science, guaranteeing the authenticity of the born-digital record. In addition, in which way does the junction between Digital Diplomatic Science and Digital Forensic Science guarantee the preservation and preservation of the born-digital records. To answer such questions, this research proposes to link five areas of knowledge following the scientific experiences conducted at the University of British Columbia in Canada by the InterPares (International Research on Permanent Authentic Records) group. Areas of knowledge that are offering interesting results for the preservation not only of the record, but also of the social memory: 1.Digital Forensics: discipline that joint Forensics Science with Computer Science to analyze the digital evidence. 2. Diplomatics Science: Science to analyze the form and structure to the records. 3. Archival Science: Science to involves the whole of the principles, policies, strategies, and activities designed to ensure the physical and technological stabilization of records for the purpose of extending indefinitely their life and protecting the accuracy and authenticity of and maintaining the accessibility to their intellectually content [1] . 4. Information Science: Science to analyze the information in different contexts. The research will carried out in a theoretical and qualitative way, taking into account the literature shared in the site Digital Records Forensics Project, coordinated by the author Luciana Duranti of the InterPares group, and the bibliography produced in the country of the areas of knowledge already referenced. The results obtained will contribute to the realization of alternative researches in document conservation within the Archival Science and the Information Science.

Digital forensics in smart environments is an emerging field that deals with the investigation and analysis of digital evidence in smart devices and environments. As smart environments continue to evolve, digital forensic investigators face new challenges in retrieving, preserving, and analyzing digital evidence. At the same time, recent advancements in digital forensic tools and techniques offer promising solutions to overcome these challenges. In this survey, we examine recent advancements and challenges in digital forensics within smart environments. Specifically, we review the current state-of-the-art techniques and tools for digital forensics in smart environments and discuss their strengths and limitations. We also identify the major challenges that digital forensic investigators face in smart environments and propose potential solutions to overcome these challenges. Our survey provides a comprehensive overview of recent advancements and challenges in digital forensics in the age of smart environments, and aims to inform future research in this area.

Digital forensics is concerned with identifying, reporting and responding to security breaches. It is about how to acquire, analyze and report digital evidence and using the technical skills, discovering the traces of Cyber Crime. The field of digital forensics is in high demand due to the constant threats of data breaches and information hacks. Digital Forensics is utilized in the identification and elimination of crimes in any controversy where evidence is preserved in online space. This is the use of specialized techniques for retrieval, authentication and electronic data analysis. Computer forensics deals with the identification, preservation, analysis, documentation and presentation of digital evidence. The paper has analyzed the present-day trends that includes IoT forensics, cloud forensics, network forensics and social media forensics. Recent researches have shown a wide range of threats and cyber-attacks, which requires forensic investigators and forensics scientists to simplify the digital world. Hence, all our research gives a clear view of digital forensics which could be of a great help in forensic investigation. In this research paper we have discussed about the need and way to preserve the digital evidence, so that it is not compromised at any point in time and an unalter evidence can be presented before the court of law.

The development of sixth‐generation (6G) wireless communication technology is expected to provide super high‐speed data transmission, and advanced network performance than the current fifth‐generation (5G) and be fully functional by the 2030s. This development will have a significant impact and add improvements to digital extended reality (XR), autonomous systems, vehicular ad hoc networks (VANETs), artificial intelligence (AI), underwater communications, blockchain technology, pervasive biomedical informatics and smart cities built on the digital infrastructure backbone of the Internet of Things (IoT). The ubiquitous nature of this large‐scale 6G‐enabled IoT that offers faster connectivity capabilities and integrates both terrestrial and non‐terrestrial networks will not only create new data security and privacy issues but also provide a treasure trove of digital evidence useful for digital forensic examiners investigating security incidents and cybercrime. However, for digital forensic examiners, evidence collection, preservation and analysis will become a priority in the successful deployment of 6G IoT networks. In this study, we define key applications of 6G network technology to the Internet of Things and its existing architectures. The survey introduces potential digital forensic challenges and related issues affecting digital forensic investigations specific to 6G IoT networks. Finally, we highlight and discuss forensic readiness and future research directions for identified challenges within the 6G IoT network environments.This article is categorized under: Digital and Multimedia Science > IoT Forensics

Digital Forensics investigation is the science and legal process of investigating computer/cybercrimes and digital media or objects to gather evidence. This new and fast evolving field encompasses computer forensics, network forensics, mobile forensics, cloud computing forensics, and IoT forensics; and for this reason have digital evidence distributed widely when the need arises for crime prosecution. Digital evidence must be authentic, accurate, complete, and convincing to the jury for legal admissibility at the court of law. In many instances due to the distributed nature of digital forensic evidence and the legal procedures to be adhered to in evidence gathering at a digital crime scene, presenting at the law courts have proven to be challenging and in some instances inadmissible. Following legal procedures in evidence gathering at a digital crime scene is critical for admissibility and prosecution. This paper aims to discuss digital forensics investigations jurisprudence in relation to distributed digital evidence. For the study to be relevant to policy and practice, forensic tools and frameworks, legal and ethical obligations, and digital evidence handling and admissibility are highlighted. This paper does not follow any forensic investigations process; but rather discusses the need for development and implementation of unique frameworks that could be utilised to gather distributed digital evidence required for admissibility in court. Keywords - Digital forensics investigations; Digital evidence; Jurisprudence BOOK Chapter ǀ Research Nexus in IT, Law, Cyber Security & Forensics. Open Access. Distributed Free Citation: Emmanuel Kpakpo Brown (2022): Digital Forensic and Distributed Evidence Book Chapter Series on Research Nexus in IT, Law, Cyber Security & Forensics. Pp 357-362 www.isteams.net/ITlawbookchapter2022. dx.doi.org/10.22624/AIMS/CRP-BK3-P57

A forensic framework to improve digital image evidence administration in IIoT✰

Digital forensics evidence has been recognized in Syariah courts by virtue of several related sections under Syariah Court Evidence (Federal Territories) Act 1997 or others Syariah Courts Evidence Enactments. However, due of lack of challenges on digital evidence cases in Syariah courts, the potential problems or obstacles of digital forensics evidence are unknown among the judges, lawyers and parties involved. Among the potential problems of admissibility and relevancy of digital forensics evidence are collecting evidence illegally, modifying evidence after it is in possession, deleting and editing any digital evidence data from the tools. Meanwhile digital data also changes moment by moment and invisible to the human eye and digital technologies are always changing so that forensic process can seldom be fixed for very long. Therefore this article aims to examine the potential problems of digital forensics evidence in Syariah courts based on the qualitative approach of literature reviews on the relevant articles, books, statutes and cases. By having a standard operating procedure (SOP), qualified digital forensics experts and effective digital forensic tools and analysis, they can resolve the problems and subsequently results the authenticated digital forensics evidence.

A study on the forensic mechanisms of VoIP attacks: Analysis and digital evidence

Digital forensics is a significant area where research is still being undertaken on a wide scale, as the number of computer-assisted crimes continues to increase and the methods for investigating cybercrimes are in their infancy.Governments and corporate organizations struggle with the necessity to set up control systems as cybercrime becomes more ubiquitous in the present society. Parliaments and boards are working rapidly to draft legislation, regulations, and guidelines with an end goal to stop these crimes from going crazy. To specific degree, e-discovery and digital forensics are coordinated into the requirement strategies utilized to battle these cybercrimes. The people group of digital forensics has been significantly influenced by the speedy advancement of digital devices, and digital crimes have gone with the same pattern. Right now many cases are being heard in courtrooms all over the planet where, despite their subject matter and starting place, there is digital evidence present. Traditional cases including the dealing of unlawful substances, homicides, misrepresentation, and many different offenses increasingly vigorously depend on information/information stored on a digital gadget. Thusly, digital forensics approaches are expected to assemble digital evidence in the two situations where a wrongdoing is finished using a digital gadget and situations where the wrongdoing was not completely carried out using a digital gadget. As the evidence got is intrinsically exceptional from different sorts of evidence got in traditional “forensic” investigations, digital forensics offer issues. The essential distinction is that digital evidence is more susceptible to duplication and control by investigators (or not), whether on purpose or accidentally. This article describes how digital forensic processes can be used to gather the digital evidence needed to convict or acquit individuals accused of such crimes, and some of the things that need to be addressed. describes the key challenges of An integrated framework and methodologies for investigations using digital evidence are presented, including legal, technical, ethical, and educational aspects of digital forensics. The purpose of these drafts is to provide solutions to problems related to the collection and subsequent presentation of digital evidence in court. We also provide guidelines for strengthening this type of evidence when presented in court.

The research entitled: "Utilization of Digital Forensics in Proving the Crime of Disseminating Indecent Videos Through Facebook Social Media in the KALBAR Police Legal Area" aims to find out and describe the implementation of information and research results in Pontianak city and to find out and analyze the utilization of digital forensics in proving the crime of spreading indecent videos through Facebook social media in the KALBAR police jurisdiction. This research was conducted using a sociological juridical approach method, namely examining and processing data from field research by starting from normative legal aspects supported by documents related to the problem in the form of regulations and cases related to the subject matter Based on research and data analysis, information can be obtained that the implementation of Digital Forensics related to the criminal act of spreading immoral videos through Facebook social media is a process of investigating and analyzing digital evidence related to the crime. In this case, the digital evidence that is the focus is an immoral video that spreads through the Facebook social media platform. Discussed in several important topics, namely; 1. The Role of Digital Forensics Related to the Crime of Dissemination of Indecent Video Through Facebook Social Media, 2. What Factors Become Obstacles in Proof Through Digital Forensics Related to the Crime of Dissemination of Indecent Video Through Facebook Social Media, 3. What Efforts Have Been Made in Optimizing Digital Forensic Evidence Related to the Crime of Immoral Video Dissemination Through Facebook. The conclusion that can be conveyed in this research is that the application of digital forensics involves several important stages, including the identification of digital evidence, storage of digital evidence, analysis of digital evidence, and presentation of findings. Digital forensics has a crucial role in proving legal cases. In Indonesia, the evidentiary system requires a minimum of two valid pieces of evidence and the conviction of the Judge to determine the guilt of the defendant. In the case of cyber crime, electronic evidence must meet both formal and material requirements to be considered valid and admissible in court. Therefore, the application of digital forensics in the investigation of cyber crime, especially the distribution of immoral videos, has an important role in finding relevant electronic evidence and evidence for the judicial process.

The problems in this research are regulate digital forensic law in proving crime in Indonesia, judges consider the presence of digital forensic evidence in fraud crime. This research uses normative juridical approach, by examining and interpreting matters relating theoretical principles, conceptions, doctrines and legal norms relating to the presence of forensic digital evidence. The result showed that digital Forensic Arrangements in analyzing digital evidence in terms of proving criminal acts are not specifically regulated in the Criminal Procedure Code (KUHAP) because exceptions to electronic / digital evidence are regulated in the Information and Electronic Transaction (ITE) Act so that can be a legal basis for digital forensics. Law No. 11 of 2008 on Information and Electronic Transactions on Article 5 has been clearly stated that electronic information is a valid legal evidence in the form of electronic information and / or electronic documents and / or printout. The rise of data fraud requires a legal arrangement that is expected to be able to prevent and reduce these crimes. For this reason, it is important to elaborate legal arrangements for both implementation and criminal sanctions related to data fraud in Indonesia.

As digital evidence grows in both volume and importance in criminal and civil courts, judges need to fairly and justly evaluate the merits of the offered evidence. To do so, judges need a general understanding of the underlying technologies and applications from which digital evidence is derived. Due to the relative newness of the computer forensics field, there have been few studies on the use of digital forensic evidence and none about judges’ relationship with digital evidence. This paper describes a recent study, using grounded theory methods, into judges’ awareness, knowledge, and perceptions of digital evidence. This study is the first in the U.S. to examine judges and digital forensics, thus opening up a new avenue of research. It is the second time that grounded theory has been employed in a published digital forensics study, demonstrating the applicability of that methodology to this discipline. This paper describes the process of grounded theory, a high-level summary of results, and conclusions from the study.

Digital forensics is an important arm of information technology and, more importantly, law enforcement agencies. Since the rise of digital evidence, all law enforcement agencies have a dedicated digital forensics division to carry out examination and investigation. Digital forensic investigations get complex quite often and hit a few hurdles. The challenges faced by a digital forensic expert often go unnoticed or overlooked and need attention from senior authorities. In this chapter, we’ll briefly discuss these challenges and how they hamper the investigation process and how these are being tackled. Each stage of digital forensic investigation has its own challenge – forensic imaging of high-volume storage media will take a lot of time and slow the examination process. Encrypted device/data is not useful until it is decrypted. If advanced methods such as JTAG and Chip-off are required, then the forensic lab must have the setup and skilled personnel to conduct such an advanced level of examination.

There is significant complexity in digital forensics due to the numerous device types and device implementations. This complexity is exacerbated by the need for digital evidence to be understood by a wide variety of stakeholders with varying technical backgrounds. This study showed the utility of using software engineering Unified Modeling Language (UML) modeling techniques for addressing this complexity. Extensible, executable models for the digital forensics domain were developed depicting the relevant computational mechanisms involved in the who, what, when, where and how attributes of digital evidence creation. Artifacts generated from the executable models enable a systematic constructive methodology utilizing the principle of abstraction and pattern discovery to provide a top-down view of the commonalities across implementations. It was demonstrated that the abstracted, top-down view was equivalent to implementation specific detailed views. In addition, it was shown that the executable model artifacts could be used by software applications to illustrate the creation of digital forensic evidence at various levels of detail. Lastly, a profile was constructed to extend UML with digital forensic domain relevant concepts and vocabulary to help enable forensic domain stakeholders, who may not have a software engineering background, to apply modeling to digital forensics. The UML profile and the defined constructive methodology provided concrete artifacts to assist others in the future to develop digital forensic models.