Collection Of Electronic Evidence Research Articles

Procedural Aspects of the Second Additional Protocol to the Council of Europe Convention on Cybercrime

The objective of the second protocol is to strengthen cooperation in cybercrime and the collection of electronic evidence of crimes for specific criminal investigations or proceedings. The article also presents and analyzes the most important procedural aspects related to the second additional protocol to the Council of Europe Convention on Cybercrime regarding enhanced cooperation and the disclosure of electronic evidence. The analysis of the second additional protocol takes into account the provisions of the Council of Europe Convention on Cybercrime.

THE FREEDOM OF OPINION EXPRESSION THROUGH SOCIAL MEDIA AND THE IMPACT OF ACTS OF DEFAMATION TO THE PERPETRATOR

<p>This study aims to conduct a juridical review of Article 27 Paragraph (3) of Law Number 11 of 2008 concerning Information and Electronic Transactions relating to freedom of expression and acts of defamation through social media. This study uses a normative legal research method with a literature study approach. The effectiveness of Article 27 Paragraph (3) of Law Number 11 of 2008 in protecting freedom of opinion and overcoming acts of defamation through social media is still limited. Some of the obstacles faced include unclear regulations, limited law enforcement capacity in dealing with cases of defamation on social media, and problems in gathering legal and acceptable electronic evidence in court. Several recommendations to increase the effectiveness of Article 27 Paragraph (3) in overcoming acts of defamation through social media are; further clarification regarding the provisions of Article 27 Paragraph (3) ITE so can be interpreted clearly and do not leave room for different interpretations, increasing the capacity of law enforcement, regulations regarding the collection of electronic evidence that is valid and admissible in court needs to be clarified, wider outreach to the public regarding the risks and legal consequences of acts of defamation through social media and periodic evaluation of the implementation of Article 27 Paragraph (3) of ITE in dealing with defamation cases through social media. Therefore, continuous efforts are needed to increase understanding, awareness, and law enforcement regarding Article 27 Paragraph (3) in overcoming acts of defamation through social media so that freedom of expression can be exercised in a balanced way by avoiding actions that violate the law</p>

Electronic evidence in criminal proceedings: problematic issues of theory and practice

The article summarises the scientific developments regarding the concept and essence of electronic evidence and provides the author’s own definition to the concept of “electronic (digital) evidence” in criminal proceedings; examines the regulatory framework for the use of electronic (digital) evidence in criminal proceedings; analyses the investigative and judicial practice and the practice of the Supreme Court regarding the admissibility of such evidence in criminal proceedings.
 It has been admitted that today the problem of regulating electronic (digital) evidence is relevant. The analysis of the Criminal Procedure Code of Ukraine makes it possible to understand that electronic (digital) evidence has almost no legal regulation, which negatively affects the quality and effectiveness of criminal proceedings. As a result, a number of legislative contradictions arise. Unlike other procedural laws (commercial, civil and administrative), criminal procedural legislation does not contain any provisions on electronic (digital) evidence. At the same time, there are positive trends at the legislative level to recognise the need to regulate electronic (digital) evidence in criminal proceedings.
 It has been determined that today there is no unified approach among scholars to understanding the concept, features and place of electronic evidence in the system of sources of evidence in criminal proceedings. It is proposed to use the term “electronic (digital) evidence” at the legislative level. This is substantiated by the fact that “electronic” indicates the type of device with which the evidence was created and stored, and “digital” refers to the type of recording the formation on the relevant device. 
 The analysis of investigative and judicial practice has highlighted the ambiguity in the understanding of law enforcement officers regarding the collection of electronic evidence. This issue was the subject for consideration by the judges of the Criminal Court of Cassation of the Supreme Court (in particular, the procedure for assessing electronic evidence and its admissibility was explained in the decision of the Joint Chamber of the Criminal Court of Cassation of the Supreme Court dated 29 March 2021 in case No. 554/5090/16-к).
 Taking into account international experience in collecting electronic (digital) evidence allows the use of the Berkeley Protocol in criminal proceedings in Ukraine, as it is actively used by the international community and is relevant in the context of russia’s armed aggression against Ukraine.

Research on Electronic Evidence Collection in Criminal Procedure

Research on Electronic Evidence Collection in Criminal Procedure

Electronic Evidence Collection in Cases of the European Public Prosecutor’s Office : Legal Framework, Procedures, and Specifics

Electronic Evidence Collection in Cases of the European Public Prosecutor’s Office : Legal Framework, Procedures, and Specifics

Procedural and organizational aspects of electronic evidence collection during international cooperation

The article is devoted to issues of international cooperation during criminal proceedings and features of electronic evidence collection, which are managed by a foreign service provider. The Criminal Procedure Code of Ukraine does not contain a definition of electronic evidence, but criminal justice is increasingly faced with the need to collect, evaluate and use such evidence for sentencing. The lack of normative certainty does not contribute to the unity of judicial practice, the issue of evaluating electronic evidence obtained within the framework of international legal assistance is especially acute. In such situations, it is necessary to assess the legality of the law enforcement agency's activities, compliance with conventional guarantees of human rights compliance, fulfillment of obligations to use electronic evidence exclusively in the proceedings in which it was obtained, to check the fact of repeated appeals to the central body of international cooperation in another state with a request for permission to use such evidence in other proceedings, when such a need arose, etc.
 Courts consider prosecutor's requests for temporary access to electronic data or to conduct a search, sometimes making mistakes in specifying the jurisdiction where the evidence originated or where the consequences of the criminal activity occurred. Procedural requirements, which are provided for by international acts, determine the need to apply to the state in whose territory the entity that owns, accumulates and manages data is located. The content of the request submitted to the court must be substantively consistent with the type of electronic evidence and the method of obtaining it in another jurisdiction, which is not always taken into account (request for preservation of evidence/preservation of evidence).
 The collection of electronic evidence takes place through a complex procedure of interaction between law enforcement agencies, service providers, liaison officers, and attaché officers working in the embassies of different states. Therefore, in addition to procedural aspects, it is advisable to take into account the legislation of other states for the effective use of organizational rules (the most effective channels for obtaining evidence).
 The study of gaps in the current legislation and the recommendations of international experts contributes to the formation of a holistic theoretical vision of the normative consolidation of international mutual legal assistance for obtaining electronic evidence and the introduction of proposals for the consolidation of such a mechanism in the special law of Ukraine.

Service providers and electronic evidence collection

This paper deals with cooperation between information service providers and law enforcement authorities. LEAs increasingly demand electronic evidence from the ISPs for criminal investigations and the amount of these requests will likely increase with the implementation of the proposed European legislation on electronic evidence. This paper focuses on the analysis of current Czech and European legislation, practical implementation of procedural rules, and deals with problems that may negatively affect the quality of criminal investigation and cause unnecessary burdens on ISPs. The aim of this paper is to propose a set of compliance measures and procedures through which ISPs could prevent these problems.

The role of technology in assessment, documentation, and tracking of clinical competencies in radiography education

The role of technology in assessment, documentation, and tracking of clinical competencies in radiography education

‘Rechtsstaat’ and European criminal law – From the end of sovereignty

Whoever punishes is sovereign. Those who punish fairly – or legitimately – are sovereign. At least that is how it was yesterday. But is it still the case today? Sovereignty is not what it used to be. Neither are punishments. What is the result? We do not know. I will try to explain the change of sovereignty in criminal law through the draft Regulation on the collection of electronic evidence. I am going to discuss three axes to set the framework for a critique. - What we know - What changes - What we can hope for or fear.

Attitudes towards Developing E-portfolio as an Extension for Personal Learning Environment of Universities in Sri Lanka

The study on the attitudes towards developing e-portfolio as an extension for Personal Learning Environment of Universities in Sri Lanka is aimed at energizing students to be actively involved in learning culture, assess students regularly, and predict final results to maintain the effective and efficient two-way flow of information. An electronic portfolio is a collection of electronic evidence assembled and managed by a user, usually on the Web. The study mainly emphasizes the attitudes of the main stakeholders of the e-portfolio, such as Administrators, Academic Staff Members, and Undergraduates. The study is conducted as a case study at the University of Kelaniya, Sri Lanka, using convenience sampling method. The questionnaire method is used to collect data and descriptive analysis and bivariate analysis are used to analyze data and graphical methods and equations have been used to present the gathered data. The study is concluded with positive opinions from administrators, academic staff members, and undergraduates while designing an e-portfolio for the university system. The system flowed with the feasibility study and requirement analysis, which are driven by the development of the e-portfolio. The e-portfolio system design, which consists of system architecture, database, and system design, is illustrated in the study. Finally, the study proposed to develop the e-portfolio as an extension for personal learning which, already exists in the university context in Sri Lanka.

Research on investigation and evidence collection of cybercrime Cases

Based on the actual data, cases of cyber ceimes and the author’s experience of attending crime investigation, this article analyzes the characteristics and tendency of new cybercrimes, talks about the requirements of cybercrime prevention and control, and shows us the problems of cybercrime investigation for obtaining evidence. The investigation department should improve the ability to investigate and collect evidence from the material evidence to the electronic evidence. There’re some problems that must be paid attention in the process of electronic evidence collection. The readers will get to know the techniques and methods of cybercrime scene protection, site investigation and online tracking in the investigation of cybercrime cases. The basic principles of extracting electronic evidence are expounded. The cybercrime investigation process is refined. The model of cybercrime investigation and evidence collection is constructed.

Global differences in electronic portfolio utilization - a review of the literature and research implications.

Global differences in electronic portfolio utilization - a review of the literature and research implications.

Electronic evidence in the Slovene Criminal Procedure Act

Liljana Selinsek, Ph.D, describes the additional articles introduced to the Criminal Procedure Act that regulate basic standards (guidelines) for the collection of electronic evidence for criminal proceedings, and are based on the data stored in or on a device. The changes were brought about by a ruling of the Constitutional Court in 2008, that for the police to be able to search a mobile telephone and SIM card, it was necessary to abide by the provisions of the Slovene Constitution and obtain a warrant.

E-Portfolio Standardization for Sustainable Learning Communities

A portfolio is used to plan, organize and document learning, and it accumulates results of learning. However, there are some problems in managing a portfolio. For example, it is very difficult to keep the portfolio in the original form physically, and it requires a lot of time and effort to keep it updated. These problems can be solved by an electronic portfolio (e-portfolio), a collection of electronic evidence assembled and managed by a user, usually on the Web. It can efficiently support a learner to manage his or her learning history and keep on learning more to move on to the next level in life so that the learning community becomes more sustainable. This paper explains why e-portfolios are needed to nurture sustainable learning communities. An overview of e-portfolios has been introduced with definitions, advantages, and types of e-portfolios. Furthermore, global trends of e-portfolio applications and Korean activities in e-portfolio applications have been described. Finally, global e-portfolio standardization activities are explained, followed by Korean e-portfolio standardization activities.

On-Site Investigation Electronic Evidence

In the era of computer networks, digital, network, information, with the rapid development of high technology has also brought many problems. Widespread use of network, the network increasing proportion of the population, and uneven quality of the network, network become a new type of criminal tools, criminal place. Crime prevention network, has become the computer field, the legal profession must face one of the topics. And how to resist the various modus operandi, how to do in the case of the detection process did not miss any clues, it became a breakthrough in fight against computer crime areas. This paper[1] firstly outlines the theory of electronic evidence, feature analysis, which describes computer crime / network crime cases in the exploration of electronic evidence collection, extraction and analysis. [1] This work is partially supported by the Opening Project of Key Lab of Information Networks Security of Ministry of Public Security（C09608）

Fighting Cybercrime in Europe: The Admissibility of Remote Searches in Spain

Electronic evidence plays an essential role in computer-related crime prosecutions. The use of special investigation techniques (e.g., computer forensics and online surveillance) is a vital tool for the fight against cybercrime, and the collection of electronic evidence by law enforcement officers has become a real necessity. This paper considers the application of information technology in the proceedings of criminal investigation and some new instruments, known generically as ‘real-time electronic surveillance’, with special attention to ‘online searches’ of computer devices, how States have undertaken to reform their internal regulations and adopted legislative measures to establish the powers and procedures for the purpose of the real-time collection of evidence in electronic form, and how the Spanish legislator has not yet undertaken the necessary and urgent update of the Spanish Code of Criminal Procedure (LECrim) to suit the requirements of the digital age and to allow the use of the modern techniques of investigation that computer science provides. We discuss in detail about the accordance of the spanish regulation with the European Convention provisions and the ECHR case-law standards that govern electronic investigations. We recognize the effort of the spanish courts to overcome the lack of a solid legal basis to order surveillance of this kind, but we disapprove the way the spanish case-law has legitimized certain privacy-intrusive measures and police practices under the general coverage of their own assumed proportionality, in a way that does not fulfil the minimum requirements of legality, clarity and quality set down by the ECHR case-law. Finally, we conclude this paper condemning the permissible attitude of the Spanish Constitutional Court, unable to curb this tolerated legal limbo status, which increases the unpredictability of further case-law. It also perpetuates the inaction of the legislator, and does not afford sufficient protection against abuse and misuse of surveillance powers.

Multimedia technologies and ICT in organising e-portfolio for students

An electronic portfolio, also known as an e-portfolio or digital portfolio, is a collection of electronic evidence assembled and managed by a user, usually on the Web. Such electronic evidence may include inputted text, electronic files such as Microsoft Word and Adobe PDF files, images, multimedia, Blog entries, and hyperlinks.One of the approaches, which can be used for improving the attractiveness of the e-portfolio is presented, and it is an implementation of the multimedia technologies in it. In this case we are speaking about multimedia electronic portfolio. What makes them very different from the traditional portfolios is that they can include scanned or digital photos, video and sound clips, animations, recordings of the students, text, traditional writings and drawings.Two main groups of tools (Non Web Authoring Tools and Web Authoring Tools) for creating multimedia e-portfolio are presented.