Cyber Black Box/Event Data Recorder: Legal and Ethical Perspectives and Challenges with Digital Forensics

Losavio, Michael; Pastukov, Pavel; Polyakova, Svetlana

doi:10.15394/jdfsl.2015.1210

Cited by 5 publications

(8 citation statements)

References 1 publication

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“…• Law et al (2011): "To enable the protection of data privacy, personal data that are not related to the investigation subject should be excluded during computer forensic examination" (p.1). • Losavio et al (2015): "This highlights the twin challenges of forensic accessibility in these highly mobile devices and the intense privacy concerns which may now accompany the profiles of people in ways never before possible." (p.45).…”

Section: Forensics Investigations Ethical Guidelinesmentioning

confidence: 99%

“…When the investigation is concluded, the report should include details of exactly what was examined, who was included in the investigation, which devices were examined (and who they belonged to) (Losavio et al, 2015), how data was classified as relevant (to be reported), confidential (only to be reported if the court so orders), irrelevant (not to be divulged) and how the data was preserved to prevent any alteration (Saleem et al, 2014;Roux and Falgoust, 2012).…”

Section: Report All Investigative Activitiesmentioning

confidence: 99%

“…(3) Losavio et al (2015): "This highlights the twin challenges of forensic accessibility in these highly mobile devices and the intense privacy concerns which may now accompany the profiles of people in ways never before possible" (p. 45).…”

Section: Forensics Investigations Ethical Guidelinesmentioning

confidence: 99%

“…It is interesting to note that whereas a number of academic papers refer to the need to respect the privacy of the person being investigated, none of the published digital forensics codes of ethics specifically include this tenet, which means that privacy considerations are probably not informing law enforcement investigations at present. (Losavio et al, 2015), how data was classified as relevant (to be reported), confidential (only to be reported if the court so orders), irrelevant (not to be divulged) and how the data was preserved to prevent any alteration (Saleem et al, 2014;Roux and Falgoust, 2012) P5, P10 Integrity (continued ) III, and the generic ethical principles from Renaud and Zimmermann (2018).…”

Section: Digital Forensics Ethical Guidelinesmentioning

confidence: 99%

See 3 more Smart Citations

PRECEPT: a framework for ethical digital forensics investigations

Ferguson

Renaud

Wilford

et al. 2020

JIC

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PurposeCyber-enabled crimes are on the increase, and law enforcement has had to expand many of their detecting activities into the digital domain. As such, the field of digital forensics has become far more sophisticated over the years and is now able to uncover even more evidence that can be used to support prosecution of cyber criminals in a court of law. Governments, too, have embraced the ability to track suspicious individuals in the online world. Forensics investigators are driven to gather data exhaustively, being under pressure to provide law enforcement with sufficient evidence to secure a conviction.Yet, there are concerns about the ethics and justice of untrammeled investigations on a number of levels. On an organizational level, unconstrained investigations could interfere with, and damage, the organization's right to control the disclosure of their intellectual capital. On an individual level, those being investigated could easily have their legal privacy rights violated by forensics investigations. On a societal level, there might be a sense of injustice at the perceived inequality of current practice in this domain.This paper argues the need for a practical, ethically grounded approach to digital forensic investigations, one that acknowledges and respects the privacy rights of individuals and the intellectual capital disclosure rights of organizations, as well as acknowledging the needs of law enforcement. The paper derives a set of ethical guidelines, and then maps these onto a forensics investigation framework. The framework to expert review in two stages is subjected, refining the framework after each stage. The paper concludes by proposing the refined ethically grounded digital forensics investigation framework. The treatise is primarily UK based, but the concepts presented here have international relevance and applicability.Design/methodology/approachIn this paper, the lens of justice theory is used to explore the tension that exists between the needs of digital forensic investigations into cybercrimes on the one hand, and, on the other, individuals' rights to privacy and organizations' rights to control intellectual capital disclosure.FindingsThe investigation revealed a potential inequality between the practices of digital forensics investigators and the rights of other stakeholders. That being so, the need for a more ethically informed approach to digital forensics investigations, as a remedy, is highlighted and a framework proposed to provide this.Research limitations/implicationsThe proposed ethically informed framework for guiding digital forensics investigations suggests a way of re-establishing the equality of the stakeholders in this arena, and ensuring that the potential for a sense of injustice is reduced.Originality/valueJustice theory is used to highlight the difficulties in squaring the circle between the rights and expectations of all stakeholders in the digital forensics arena. The outcome is the forensics investigation guideline, PRECEpt: Privacy-Respecting EthiCal framEwork, which provides the basis for a re-aligning of the balance between the requirements and expectations of digital forensic investigators on the one hand, and individual and organizational expectations and rights, on the other.

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Section: Forensics Investigations Ethical Guidelinesmentioning

confidence: 99%

Section: Report All Investigative Activitiesmentioning

confidence: 99%

Section: Forensics Investigations Ethical Guidelinesmentioning

confidence: 99%

Section: Digital Forensics Ethical Guidelinesmentioning

confidence: 99%

See 2 more Smart Citations

PRECEPT: a framework for ethical digital forensics investigations

Ferguson

Renaud

Wilford

et al. 2020

JIC

View full text Add to dashboard Cite

show abstract

“…If the event relates to a civil action, then it may be subject to a court order to be produced and examined by an opposing party. This may both enhance the pursuit of truth as to an event at the cost of significant inconvenience to the device holder …”

Section: Legal Guidance Present and Futurementioning

confidence: 99%

The Internet of Things and the Smart City: Legal challenges with digital forensics, privacy, and security

Losavio

Chow

Koltay

et al. 2018

Security and Privacy

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The explosive growth of information and communications technologies (ICTs) as manifested in Smart Cities and the Internet of Things (IoT) creates more and more computable data with myriad benefits. They also produce ever more digital evidence of people's lives in all contexts, with commensurately greater potential risks to the safety and rights of citizens. Digital/computational forensics and analytics, used to combat crime, are the vanguard of the collision of these with public policy as to privacy and personal autonomy. They bring the evidentiary fruits of this technology directly to the policymaker, police investigator, and the judge. And to the marketer, stalker, and extortionist. We examine this technical‐legal interaction and how it might inform as to privacy and security with the IoT and the Smart City.

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