Knowledge Production from Social Networks Sites. Using Social Media Evidence in the Criminal Procedure

Abstract

This thesis focuses on the interaction between social network sites (SNS) and the legal system, trying to answer a specific question, that is, through introducing social media evidence, whether there is a change of finding facts and identifying the truth in criminal proceedings. To achieve the research objectives, three sub-topics should be discussed in turn; first, how can we transform information on social network sites to valuable evidence in court? In this part, the research will explore the proceedings of extracting information on SNS, such as posts, photos, check-in on Facebook etc., in order to use as evidence in the courtroom from the perspectives of law and internet forensic. Second, considering characteristics of these social media evidence, e.g. easy to be copied, deleted, tampered and transmitted, is it necessary to separate from evidence obtained through other technology or forensic science? Should the legal system need a new set of regulation on social media evidence? Third, how can we conquer challenges to core values in legal system, such as the privilege against self-incrimination or expectation of innocent in this digital era? As the positive contribution, this research tries to answer whether social network sites are a convenient tool for criminal prosecution, and whether internet forensics is useful to assist the investigational authority accusing the crime and finding the truth more accurately, to achieve the ultimate goal of the criminal procedure?