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Cyber Law and Digital Forensic Science

A significant part of the information is stored in electronic format for business, medical field, and evidence storage in the modern world. Data can be stored inside a computer or other device on a hard drive, on external carriers, such as memory cards or CDs, as well as on the Internet, for example, in cloud storage. The advantage of internal storage is the complexity of remote access to data if the computer is not connected to the Internet, but at the same time, its disadvantage is the difficulty in transferring information. The advantage and disadvantage of external media at the same time is that information is easy to hide, steal, or destroy, since it is located on a small object. The advantage of storing data on the Internet is the ease of transmission and processing; however, data theft is also more likely, especially if it is not highly secure or encrypted.

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The safety of data and the inability to change them by third parties is an important aspect of criminal law since changing evidence interferes with the investigation. For this reason, hashing is used in criminal law, which is a programming method that allows converting a text into a code, which is a smaller hash value or key (Cusack, 2017). This unique key has a fixed length, and it cannot be used to reconstruct the original message, thus keeping the information secure. The hash key helps find items in the database faster, which is a useful function for forensic analytics. In this way, forensic experts can send hashed evidence without fear that it will be damaged, changed, or stolen.

Moreover, even if the evidence files have been deleted from the computer, a digital forensic analyst can recover them, since most often, the data is never completely erased from the computer. For this purpose, the analyst scans the hard drive or uses special programs and tools to find deleted or damaged data, although most often, this process takes a long time. However, in this case, a digital forensic analyst must have an order signed by the court for the seizure of the carrier to move and study it in the laboratory (“Digital search warrants,” n.d.). Otherwise, forensic specialists violate the Fourth Amendment of the Constitution, which prohibits the unreasonable seizure of property.

At the same time, the judicial system also uses various laws related to cybercrime to ensure data security. Moreover, these laws can be divided into substantive, procedural, and preventive laws, each of which has its purpose. Substantive laws prohibit and punish cybercrime; for example, the US Computer Fraud and Abuse Act of 1986 punishes willful cybercrimes that harm a person, organization, or society (“The role,” n.d.). Procedural law defines the processes and procedures for the application of substantive law; for example, obtaining an order for the seizure of electronic media is a requirement of this type of cybercrime law. Preventive law reduces the risk of cyber-attacks; for example, the Communications Assistance for Law Enforcement Act (CALEA) of 1994 requires services and products of telecommunications companies to enable government agencies to access communication (“The role,” n.d.). Thus, this law allows agencies to prevent the distribution of illegal materials.

Therefore, criminal law is an important part of the modern judicial system as a significant part of the daily life of people, and business depends on the security of technology and data. Criminal law covers various aspects of the use of technology and information, from methods of storing and seizing data to punishing people who use technologies to cause harm. However, with the development of technology, the law must also develop and modify.

References

Cusack, C.M. (2017). Pornography and the criminal justice system. CRC Press.

The role of cybercrime law. (n.d.). Web.

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Digital search warrants. (n.d.). Web.

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StudyCorgi. (2022, July 5). Cyber Law and Digital Forensic Science. Retrieved from https://studycorgi.com/cyber-law-and-digital-forensic-science/

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