Electronic evidence in the blockchain era: New rules on authenticity and integrity

Wu, Huiqin; Zheng, Guan

doi:10.1016/j.clsr.2020.105401

Cited by 23 publications

(10 citation statements)

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“…Trends in the development of modern public relations indicate a desire to use artificial intelligence in the field of electronic justice (De Hert et al, 2018;Wu & Zheng, 2020). The developed ideas about the technological aspects of artificial intelligence do not fully fit into the legal consciousness of both Ukrainian and foreign researchers of law.…”

Section: Resultsmentioning

confidence: 99%

Artificial intelligence in justice

Karmaza¹,

Koroied

Makhinchuk³

et al. 2021

lingcure

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The relevance of this study is condition upon the necessity of an in-depth investigation of the phenomenon of artificial intelligence, including its use in the judicial system of various legal states and its impact on the entire judicial system of the state. In this regard, the present paper aims to cover the main definitions of the concept of artificial intelligence, its origins, characteristics, grounds for application, as well as direct interaction and influence on the implementation of the main tasks of justice through the use and development of artificial intelligence in the judicial procedure. The leading method of this study is dialectical, although the authors also employ a combination of other different methods of scientific cognition. The dialectical method, which underlies the theoretical work and is directly listed as fundamental, allowed thoroughly analysing the nature of the concept of artificial intelligence, its key advantages and disadvantages, by analysing its use in the legal systems of the world's leading states. This paper investigates the emergence and transformation of artificial intelligence in modern technological and information relations, its gradual introduction in various spheres of life, namely the ways of implementation and the possibility of application in justice.

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Section: Resultsmentioning

confidence: 99%

Artificial intelligence in justice

Karmaza¹,

Koroied

Makhinchuk³

et al. 2021

lingcure

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“…In two recent Chinese cases, courts 'confirmed for the first time that electronic data stored on or generated by blockchain met the requirements of authenticity and integrity and proposed a specific procedural test to identify blockchain evidence' (Wu and Zheng, 2020). There is ongoing debate about its admissibility in U.S. courts.…”

Section: Evidencementioning

confidence: 99%

Explaining prosecution outcomes for cryptocurrency-based financial crimes

Trozze¹,

Davies²,

Kleinberg

2022

JMLC

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Purpose Cryptocurrencies have been used to commit various offences, but enforcement efforts remain underdeveloped relative to the value of these crimes. This paper aims to examine factors associated with outcomes of US-based cryptocurrency financial crime prosecutions. Design/methodology/approach The authors studied the 37 resolved cryptocurrency-based financial crime cases in the USA to date, exploring the impact of offence, defendant and evidence characteristics on the mode of disposition and penalties. The authors used bivariate analyses and logistic regression models to determine relationships among these variables. Findings The presence of individual defendants only (rather than a corporate defendant or combination thereof) and the use of only a cryptocurrency other than Bitcoin in committing a crime each made a case less likely to be resolved by dismissal, trial or summary or default judgement. Originality/value This paper is the first to examine variables contributing to financial crime prosecution outcomes and has implications for prosecutorial decision-making, resource allocation and the prevention and detection of financial offences involving cryptocurrencies.

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“…It can be difficult to prove when a cybercrime is committed, making it difficult for investigators to find evidence through which the crime can be proven and its perpetrators can be convicted. This research looks at the authenticity of forensic electronic evidence in criminal cases (Wu and Zheng 2020).…”

Section: Introductionmentioning

confidence: 99%

“…Modern researches concerning the issues of electronic evidence in forensic science and criminal procedure are devoted to such issues as the preservation of digital evidence and its admissibility in the court (Bilal 1994;Granja and Rafael 2017), legal aspects of electronic evidence and issues relating to legal-technical compliance (Losavio et al 2019;Schloss 1976), the role of electronic evidence in the detection and investigation of cybercrimes (Matchanov 2020), classification and evaluation of digital forensic tools (Parveen et al 2020), opportunities and challenges for electronic evidence (Biasiotti et al 2018), and problems and prospects of legal regulation of issues of obtaining electronic evidences associated with the use of blockchain technologies (Wu and Zheng 2020).…”

Section: Introductionmentioning

confidence: 99%

“…The challenges encountered are the nature of information technology crimes represented in computers and the Internet (Biasiotti et al 2018), the procedures for proving them (Wu and Zheng 2020), the validity and integrity of the electronic evidence, and the validity of the evidence extracted from the electronic tool in criminal evidence. Electronic crimes have a special nature due to the gravity of their offense, the enormity of their losses, their increasing numbers, and how easy it is to commit them.…”

Section: Introductionmentioning

confidence: 99%

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Electronic evidence and its authenticity in forensic evidence

Moussa

2021

Egypt J Forensic Sci

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Background The basis for criminal trials is the judge’s conviction of the evidence presented in a case. His belief is based on the context or evidence he is satisfactory with and understands. However, the law may establish certain evidence for the judge to adhere to. This study aims to identify the extent of the authenticity and strength of digital or electronic evidence in criminal trials, by identifying legislative trends in the various legal systems, and examining what legal jurists have done to determine the extent of the authenticity of the electronic evidence of cybercrimes. Results This study will research the legitimacy of electronic evidence and the conditions for its verification, the extent of the authenticity of electronic evidence found during an investigation, the difficulties of obtaining electronic evidence that can be presented before the courts, and the extent of a presiding judge’s freedom to determine if electronic materials presented in court should be used as evidence. Conclusions Two conditions must be met: first, the electronic evidence must be legally obtained based on written permission from the competent investigation authorities; second, it must be verified as valid by computer science and information technology experts. If those two conditions are not met, the evidence is invalid. The study gives reason to talk about the need for the adoption of international agreements on cooperation in the development and exchange of computer and information technologies, aimed at preserving electronic evidence from destruction and oblige countries to implement and comply with these agreements.

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Electronic evidence in the blockchain era: New rules on authenticity and integrity

Cited by 23 publications

References 0 publications

Artificial intelligence in justice

Artificial intelligence in justice

Explaining prosecution outcomes for cryptocurrency-based financial crimes

Electronic evidence and its authenticity in forensic evidence

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