25 Jun 2022
Digital forensics is a term used to describe the scientific knowledge of classifying, receiving, handing out, analyzing, and reporting on data stowed electronically. Digital forensic has seen a big difference in its advancement in various parts of the world. Regardless of the advancement in technology and all the benefits that come along with it, there is a high rate of e-crimes and digital forensic frauds being dealt with in the UAE. There have been many laws implemented in the UAE to deal with the digital aspect and cover the gap between them.
Many countries are dealing with digital forensic but it is always difficult for the legal system to understand and apply its rule to the digital world. For instance, the evidence presented, can be accused of fabrication. However, with the implantation of sound laws, this can be changed and e-crimes can be under the legislation. Among many middle east countries, UAE is among the first region to recognize the need for cyber law to deal with e-crimes in the region and enforce cybercrime law number 2 in February 2006. With time the advancement in the forensic world has led to further difficulties for the victim and the investigators.
The computer systems have excelled with their reach and the size has reduced to a greater extent where it becomes easy for anyone to get hold of documents at once. Earlier, the mode of transfer used to be either by road, ship, or air but with digital forensics, it can be done through LAN, WAN, and many other online modes where things can be transferred and stored in a form of evidence. In the eyes of law, the evidence stored online is not considered any different from the one dealt tangibly for relevance. A legal system needs to change the way we deal with cybercrime, to protect privacy since it is easy to hack and change the base of the evidence. The wrongdoer can be in any part of the world and interrupt the evidence stored in the digital form. The forensic expert should make sure with the code of ethics to protect the client’s privacy. But with the requirement of emergence and seriousness of the violation, the client’s privacy can be breached to get access to such information so that it is really necessary to approach the legal experts who are experts in cyber law.
Nevertheless, any such breach will cause the clients to trust digital forensics. Moreover, with any leak in the information, there could be a broadcast of such information, which could further damage the reputation of the organization and the working of its business. During such an event, there can be a conflict with the legal system on the privacy of the client and the seizure of such digital content for evidence and further investigation. The forensic expert usually does not share the information gathered from the client, which is also a violation of the client’s privacy.
Therefore, while enforcing the law on cybercrimes, it is critically important to balance out the need to protect the privacy of the client and also to see the wider need for business protection concerning moral standards.
Law Enforcement in UAE
The Federal Decree-Law Number 5 of 2012 retracted from Cybercrime Law Number 2, enacted in February 2006 deals with crimes that are related to minor Pornography, human and drug trading, along with a concentration on credit card crimes such as theft and forging. It further implicates any access either to a password or use of an IP address to commit a crime by faking one’s identity unlawfully. The UAE along with including the new wrongdoings of cyberlaw has widened the violation with imprisonment and a fine to impose the gravity of the crime. Under the new Federal law of UAE, the individual suspected of cybercrime can be under surveillance, denied access to use the computer or any other mode of electronic devices. A court could also put an individual under a rehabilitation center.
UAE has taken many measures with the assistance of the court to spread awareness of cybercrime and its violation. In 2013, UAE launched a cyberlaw training to guide the jurisdiction on ways to handle such matters. Likewise, police and the judicial system are given briefs at the end of the year to keep them updated about the needful information with recent cyber law and its implication. Further initiative was taken by bringing the subject to universities and police training was provided with a course in their final tests. This is done to enhance the digital forensic reach in the UAE and reduce the number of e-crimes in the region.
How to keep the information private while using forensic
The court used the forensic investigation to determine and present evidence stored in the computer. The experts in forensics are allowed to use different networks concerning the level of complexity. Cloud computing is another area of digital forensics that faces many issues regarding e-crimes especially due to data transfer getting encrypted. The peer-to-peer apps make it hard for the forensic expert to gather the information required.
Nevertheless, even with basic knowledge of information technology, one can put the person at the risk. When the data is encrypted, one might feel secure but there are possibilities where such information could be cracked and leaked to the public. Some known challenges faced by forensics are high speed and volume, where data to be collected and stored to investigate, can be present in large numbers and multiples files can prove to be difficult to track and keep the record of all crimes that are taking place online.
Complexity is a problem faced since the information are stored in different host and any part of the world, the latest advance technology is in need to simplify the file needed. Investigation leaking client’s privacy, to follow up the investigation, it becomes necessary to get involved in the privacy of client mainly in social network sites where content is mainly periodized for confidentiality. The future of digital forensic and the law are likely to be interrelated to a great extent. For this reason, it becomes significant to enforce the law with the growth of digital forensics.