With so much information collected from so many places and stored in so many others, the forensic value of digital evidence has exploded globally. This ranges from evidence relating to traditional crimes to that for new cybercrimes. The ability to use digital forensics, computational policing analytics and electronic evidence of all types, and the protections from misuse, are governed by the laws of national jurisdictions. Where those laws intersect in transnational cases may be harmonized or conflict‐ridden. As digital forensics is an interdisciplinary activity, both juridical and technical coordination between nations are essential for effective transnational law enforcement. This requires the application of forensic technology conforms to the legal rules of the jurisdictions involved. We examine legal aspects of this evolving data paradigm and issues relating to legal‐technical compliance. We speculate as to how regulation may evolve for the future.
This article is categorized under:
Digital and Multimedia Science > Cyber Threat Intelligence
Digital and Multimedia Science > Mobile Forensics
Digital and Multimedia Science > IoT Forensics
Jurisprudence and Regulatory Oversight > Communication Across Science and Law
With ubiquitous computing and the growth of the Internet of Things, there is vast expansion in the deployment and use of event data recording systems in a variety of environments. From the ships' logs of antiquity through the evolution of personal devices for recording personal and environmental activities, these devices offer rich forensic and evidentiary opportunities that smash against rights of privacy and personality. The technical configurations of these devices provide for greater scope of sensing, interconnection options for local, near, and cloud storage of data, and the possibility of powerful analytics. This creates the unique situation of near-total data profiles on the lives of others. We examine legal and ethical issues of such in the American and transnational environment.
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