Rules of professional responsibility in digital forensics: A comparative analysis

Sharevski, Filipo

doi:10.15394/jdfsl.2015.1201

Cited by 4 publications

(3 citation statements)

References 13 publications

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“…The responsibility of the digital forensics professional regulation is left into the hands of various certification entities or professional digital forensic societies (Sharevski 2015). EU laws focus on the common issues of protecting privacy and ensuring the reliability of evidence and results, while on the other hand, the Fourth Amendment of the US Constitution prohibits unreasonable searches or seizures of the state that are contrary to law when without any probable cause of a crime, violates the privacy of citizens (Losavio et al, 2018).…”

Section: Digital Forensic and Code Of Ethicsmentioning

confidence: 99%

“…Starting from this point of view according toNelson, et al (2019) the International Society of Computer Forensic Examiners (ISFCE) code of ethics and professional responsibility guides its members, while the International Association of Computer Forensic Specialists (IACIS) has a well-defined and simple guide to the expected behavior of forensic experts.According toSharevski (2015), organizations related to the practice of digital forensics codes of ethics are the American Academy of Forensics (AAFS); American Board of Criminal Investigation (ABC); American Society for Digital Forensics and e-Discovery (ASDFD); California Association of Criminalists (CAC); Consortium of Digital Forensics Specialists (CDFS); Cyber Security Institute (CI); Digital Forensics Certification Board (DFCB); EC Council (ECC); High Technology Crime Investigation Association (HTCIA); International Association of Computer Investigation Specialists (IACIS); The SANS Institute (SANS) and the International Society of Computer Forensic Examiners (ISFCE). Forensic experts must be careful of the basic rules of professional conduct that they must follow.…”

mentioning

confidence: 99%

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Digital Forensics and Computer Crimes: The Case of North Macedonia

Imeri-Saiti,

Hamiti

2023

SEEU Review

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The subject of the research refers to the aspect of digital forensics and computer crime and the latter is one of the reasons for the evolution of crime in general. Based on the growing trend of technology development and the increase in the number of digital crimes, a special emphasis is given to the statistical aspect of computer crime as well as measures to reduce the impact of computer crime, including the ethical and legal aspects in the Republic of North Macedonia (RNM). To conduct this research, statistical data on computer crime in RNM from 2011 to 2020 were used, based on historical data of analysis, as well as comparison, correlation, and the ANOVA-test. The highest number of crimes were registered in 2020 and a special feature is that a positive linear trend can be observed during the last decade. “Damage and unauthorized access to a computer system” took the first place in computer crimes according to the Criminal Procedure Law.

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Section: Digital Forensic and Code Of Ethicsmentioning

confidence: 99%

mentioning

confidence: 99%

Digital Forensics and Computer Crimes: The Case of North Macedonia

Imeri-Saiti,

Hamiti

2023

SEEU Review

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“…• Basset et al (2006): "Uncover all files : normal, hidden, deleted, encrypted, password-protected" and "Access the protected and encrypted files, if legal" -so no mention of privacy as a constraint. • Sharevski (2015) reviewed the codes of ethics for 12 organizations ranging from the American Academy of Forensic Science to the SANS Institute and the International Society of Forensic Computer Examiners. He consolidated 10 categories of ethical considerations, none of which refer to the privacy of the person being investigated.…”

Section: Forensics Investigations Ethical Guidelinesmentioning

confidence: 99%

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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