Legal challenges and concerns surrounding the effective implementation of digital investigations
Given society’s considerable reliance on technology, offences maintaining an element of digital evidence are now prominent. As a result there is an increasing reliance on digital forms of evidenceaccrued from the examination of seized digital devices where forms of digital evidence now supportthe criminal justice system and legal professionals in their goal of making sound legal decisions. The job of providing such content lies with the field of digital investigation and forensics, a reactive development deemed necessary to support this effective investigation of offences involving digital content. Practitioners involved in digital investigation provide important information demonstrating asuspect’s behaviour on their digital devices and content identifying potential criminal conduct. Despite the need for and reliance placed upon those involved in digital investigations, the speed oftechnological development and generation of new, novel devices has allowed new, creative ways to commit digital acts of crime, in some cases, testing the boundaries of applicability of existing legislation. In many crime types, the pace of evolving technology poses regulatory challenges, in some cases outrunning legal developments.
This special edition proposal aims to attract submissions highlighting legal issues for digital offences in conjunction with digital investigations and digital evidence, blending the knowledge and disciplines of digital investigation and law. The call has two over-arching focuses in which submissions can fall into; 1) content targeting specific digital offence types and limitations/concerns/issues with existing regulations and proposed solutions; and, 2) procedural issues and challenges which could include topics such as surveillance regulations and data retention and the impact on digital investigations. Topics of interest include:
Digital surveillance, technical, legal and governance issues.
Data retention and ISP disclosure for digital investigations.
Evaluation of current provision governing data retention, access to data, justifications for retention and lawful access to data to support investigations.
Evaluation of provision facilitating cross-jurisdictional data retention and collaboration of data for intelligence and investigation support.
Child abuse imagery offences, legal concerns and digital evidence.
Offences on social media, regulation, content disclosure and investigation.
Piracy regulation and investigation.
Strategies for ensuring proactive regulation of emerging and future digital offences.
Computer misuse offences
Cloud service investigation and disclosure.
Evaluation of procedures for the international co-operation and investigation of digital crime.