standards for digital evidence admissibility across jurisdictions, emphasizing the need for standardized
digital forensics practices to combat transnational cybercrime effectively.
4.2 Challenges on Admissibility of Digital Evidence
Pre-search and post-seizure warrants are critical components of digital forensic investigations,
presenting numerous challenges in the gathering and admissibility of digital evidence in court. If there
is no warrant or judicial check mechanism in gathering and investigation of digital evidence that could
lead into the investigation being arbitrary, disproportionate and beyond the necessity. The pre-search
warrant, issued by the court before investigators arrive at the cybercrime scene, authorizes law
enforcement and digital forensics teams to collect evidence. Conversely, the post-seizure warrant
requires investigators to document all activities conducted after the seizure to ensure chain of custody.
Technical challenges include issues with network security, outdated tools, and a lack of expertise
among investigators. Legal challenges arise from the need for authentic, accurate, and convincing
evidence, compounded by gaps in cybercrime legislation and enforcement, as well as difficulties in
obtaining and executing warrants due to procedural inconsistencies and stakeholder involvement
issues. In absence of adequate provisions, digital evidences become questionable regarding their
integrity and authenticity. The concerned person may face violation of privacy rights. There will be
uncertainty in legal outcomes, and a tendency of admission of unreliable evidences may occur. There
can be technological misinterpretations leading to denial of fair opportunity to challenge any evidence
against them. International cooperation difficulties may arise when crimes involve multiple
jurisdictions where differing rules or absence of rules will undermine the evidentiary value of digital
evidences.
i.
Authenticity
In digital forensic investigations, it's critical to ensure that digital evidence remains unaltered and that
proper procedures are followed during evidence collection to maintain its usability and admissibility
in court. Digital data can exist in various states, such as at rest, active, deleted, hidden, encrypted, or
overwritten, all of which may be relevant for litigation purposes and maintaining evidential integrity.
In cases of uncertainty, evidence that has been partially overwritten or altered can still be utilized to
ensure accurate, reliable, and verifiable findings in accordance with judicial standards.
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