Digital Evidence Database

Showing 31 to 40 of 120 results.

  • A Handbook on Assisting International Criminal investigations

    Institution

    Swedish National Defence College

    Language

    English

    Reference link
    https://fba.se/contentassets/6f4962727ea34af5940fa8c448f3d30f/handbook-on-assisting-international-criminal-investigations.pdf
    Executive summary
    n/a
    Purpose
    The ambition of this handbook is to provide practical guidance to lay persons who are in areas where they might receive or collect information that may assist investigations into international crimes. The guidance offered in this handbook is intended to enable lay persons to assist the professional staff of international criminal courts and tribunals, and not to transform lay persons into criminal investigators or analysts.
    Description
    The guide contains guiding principles of observation and information collection, collecting information and evidence section, as well as a section on dealing with witnesses.
    Target group
    Civilian or military actors deployed to conflict and post-conflict zones as part of national or multinational missions or for other reasons

  • Fair Trials' Consultation Paper on E-Evidence

    Institution

    Fair Trials

    Language

    English

    Reference link
    https://www.fairtrials.org/sites/default/files/Fair-Trials-e-evidence-consultation-paper.pdf
    Executive summary
    Faced with increasing use of electronic evidence in the context of criminal investigations, both the US and the EU have expressed the willingness to modernise the tools enabling cross-border access to electronic data for law enforcement authorities, and to cooperate further in the exchange of electronic data. This is an opportunity for the EU and the US to set a gold standard for the world. It is proposed that the new form of cooperation would, effectively, enable law enforcement authorities directly to seek the preservation or production of electronic data held by private companies overseas. Given the impact of cooperation measures on human rights, it will be crucial for the fair long-term functioning of any future mechanism that it is underpinned by human rights protections. To date, this has been recognised by vague and uncertain principles, but any failure to ensure adequate human rights protections is likely to have a negative impact on the fairness, effectiveness and long-term sustainability of the new mechanism. We recognise the concerns expressed by other stakeholders about the rationale itself of the proposed new mechanism, but in view of the political pressure to make this happen, we would like to focus on four key safeguards required to preserve the fundamental fair trial protections for people accused of crime: Prior notification to the suspect: In criminal trials, where the prosecution has the machinery of the state behind it, the principle of equality of arms is an essential guarantee of an accused’s right to defend themselves. It ensures that the accused has a genuine opportunity to obtain evidence to support its defence, prepare and present their case, and contest evidence put before the court, on equal footing with the prosecution. However, this is threatened by (inter alia) the lack of notification about the gathering of data. Although we recognise that specific stages of some investigations may, exceptionally, require secrecy, notification is key to enable challenges to requests and ensure that evidence supporting a person’s innocence is preserved as is other evidence. Robust prior judicial authorisation procedure: In view of the implications of the new tools on privacy and other fundamental rights, the new tools must require that law enforcement authorities meet a sufficiently high threshold in terms of suspicion of criminality (and the severity of the offence) as well as the relevance and materiality of the evidence sought, before they can request or obtain and share electronic data. In addition, requests must be subject to prior meaningful judicial oversight to avoid overbroad and disproportionate requests being issued. Meaningful remedies in the event of a trial: A key check on the legality of evidence-gathering by law enforcement authorities occurs at trial (or shortly before, after the evidence has been gathered). This is the power for the accused to challenge the admissibility of evidence on which the state is seeking to rely to secure a conviction. The accused person must have the right to challenge the request and use of data at trial, and seek specified appropriate legal remedies where electronic data has been obtained illegally. And in order to be in a position to exercise the right to challenge, accused persons must be able to obtain disclosure of the sources of the electronic evidence. Effective and systemic oversight on the use of the measures by law enforcement authorities: If the new tools are used fairly and proportionately, they are more likely to maintain public trust in criminal justice systems and law enforcement authorities. Effective oversight mechanisms will ensure that we insulate against the risk of improper use, and help protect both the reputation of legitimate law enforcement activity and those who could become victims of abuse of the tools.
    Purpose
    The purpose of the guidelines is to take a note and evaluate trial safeguards, in light of the ongoing discussions on cloud-acts and relevant provisions, and esnure that the standards is high enough to ensure fair trial guarantees.
    Description
    The paper focuses on discussing four trial safeguards: notification to the suspect, prior judicial authorisation, remedies at trial, and systematic oversight. It further describes and discusses the required fairness safeguards, before concluding with a chart outlining the proposal on e-evidence.
    Target group
    Law agencies and criminal justice actors

  • Basic Manual on the Detection And Investigation of the Laundering of Crime Proceeds Using Virtual Currencies

    Institution

    United Nations Office on Drugs and Crime (UNODC)

    Language

    English

    Publication date
    2014-06-01

    Reference link
    https://www.imolin.org/pdf/UNODC_VirtualCurrencies_final_EN_Print.pdf
    Executive summary
    n/a
    Purpose
    Assist the targeted audience to investigation with repect to money laundering and more specifically through the use of virtual currencies.
    Description
    The purpose of the guidelines is to strenghten the combating money-laundering as well as in seizing and confiscating crime procees. It is based on a project that sought to promote regional approach to counter money landering and to strenghten intern-agency cooperation.
    Target group
    Investigators, prosecutors on the detection, investigation, and prosecution and seizure of crime / money laundering

  • Practical Guide for Requesting Electronic Evidence Across Borders

    Institution

    United Nations Office on Drugs and Crime (UNODC)

    Language

    English

    Publication date
    2019-02-01

    Reference link
    https://www.unodc.org/unodc/en/frontpage/2019/January/unodc-and-partners-release-practical-guide-for-requesting-electronic-evidence-across-boarders.html
    Executive summary
    n/a Note: the document is not a public document.
    Purpose
    "The Practical Guide will provide practitioners with best practice from experts in the field, legal procedures from over 20 States, and contact points to assist practitioners on how to request and produce the electronic evidence needed for trial. As well as being an essential reference tool, the Practical Guide will be used for global training to share knowledge and give practitioners the confidence to request electronic evidence quickly, legally and in an admissible format for trial."
    Description
    "The guide includes a compilation of country-specific focal points, a mapping of the major communication service providers' relevant procedures and available points of contact, legal frameworks and practical requirements for informal (police-to-police) and formal mutual legal assistance cooperation."
    Target group
    Criminal justice officials, investigators and prosecutors

  • Common challenges in combating cybercrime (as identified by Eurojust and Europol)

    Institution

    EuropolEurojust

    Language

    English

    Publication date
    2019-06-30

    Reference link
    https://www.eurojust.europa.eu/sites/default/files/Publications/Reports/2019-06_Joint-Eurojust-Europol-report_Common-challenges-in-combating-cybercrime_EN.PDF
    Executive summary
    n/a
    Purpose
    "The objective of this document is to identify and categorise the common challenges in combating cybercrime1 from both a law enforcement and a judicial perspective. Eurojust and Europol’s European Cybercrime Centre (EC3) have identified the challenges based on and informed by operational and practical experience, joint deliberations and expert input. Other sources used include final reports of several thematic and strategic meetings with national experts and relevant stakeholders, strategic reports and assessments such as Europol’s EC3’s Internet Organised Crime Threat Assessment (IOCTA), as well as various open sources. Despite the availability of information, both in- and external, on the obstacles, the discussion can certainly benefit from more extensive (and broader) research and a closer comparison of existing legislation at national and international levels. The challenges identified fall into five main areas (see also Figure 1 below):  loss of data;  loss of location;  challenges associated with national legal frameworks;  obstacles to international cooperation; and  challenges of public-private partnerships. This document further examines some of the practical implications of these challenges. In addition, this document lists some of the most relevant ongoing activities and open issues regarding each of the challenges identified. For this purpose, a short overview is given at the end of each chapter. Additional information on some of the ongoing activities as well as some of the open issues can be found in the Annex."
    Description
    The document focuses on summarizing the main challenges related to combating cybercrimes. It specificall focuses on explaning these challenges with respect to: a) loss of data, b) loss of location; c) challenges associated with national legal frameworks; d) obstacles to international cooperation and e) challenges to public private partnership. It also concludes with an annex of additional information on ongoing activities and open issues.
    Target group
    Actors on both law enforcement and judicial levels

  • CCBE recommendations on the establishment of international rules for cross-border access to electronic evidence

    Institution

    Council of Bars and Law Societies of Europe (CCBE)

    Language

    English

    Publication date
    2019-02-28

    Reference link
    https://www.ccbe.eu/fileadmin/speciality_distribution/public/documents/SURVEILLANCE/SVL_Position_papers/EN_SVL_20190228_CCBE-recommendations-on-the-establishment-of-international-rules-for-cross-border-access-to-e-evidence.pdf
    Executive summary
    n/a
    Purpose
    The purpose of the guidelines is to summarize the challenges and providee recommendations on cooperation mechanisms between law enforcement authorities regarding the exchange of data between the EU and the U.S. or the countries who are parties to the Budapest Convention.
    Description
    This paper is the CCBE’s response to a number of developments concerning the establishment of international rules for cross-border access to electronic evidence for the purpose of criminal investigations, especially as regards to the so-called direct cooperation between law enforcement authorities and service providers.
    Target group
    Law enforcement agencies

  • Managing Digital Evidence in Courts

    Institution

    Joint Technology Committee (JTC)

    Language

    English

    Publication date
    2016-02-17

    Reference link
    https://www.ncsc.org/__data/assets/pdf_file/0017/18521/digital-evidence-3-14-2016-final.pdf
    Executive summary
    Court management systems are not currently designed to manage large quantities of digital evidence, which means that courts and industry must find creative ways to deal immediately with the dramatically increasing volume of digital evidence, while planning for and developing new capabilities. Key considerations: Storage This is one of the most significant issues. Courts must estimate the storage that will be required, evaluate whether to invest in storage hardware or cloud storage, and consider business continuity and disaster recovery requirements. Preservation and Disposition Because appellate proceedings may continue for a lengthy period of time and digital evidence may take large amounts of storage, courts will need to consider how long and how to retain digital evidence. Courts should consider “active archive” solutions that allow the court to maintain the evidence in a less available state that is still retained. Discuss preservation and disposition policies with law enforcement and prosecutors. Centralization vs Decentralization Regardless of the state’s unique court structure, states should consider whether to build a statewide repository of digital evidence or to have localized repositories. Formats and Conversion Courts may approach the complicated issue of file format by choosing to accept only a limited range of formats. However, there are significant issues with converting digital evidence or requiring that digital evidence be submitted with the native format player. Courts may face technical difficulties displaying evidence correctly; computer speeds and display resolutions can distort digital evidence. Infrastructure Cost and performance issues will dictate the best solution in the tradeoff between local storage and the use of networks to transfer digital evidence. However, some technical strategies may not be options because of policies that specify who can store the original files and whether streaming live in a courtroom from a remote location is permissible. Chain of Custody The chain of custody protocol may be different in an electronic digital evidence environment. Courts must secure electronically stored digital evidence to ensure there is no possibility of tampering. Readiness The state of the technical infrastructure, the process for receiving digital video evidence, and how such evidence is played, stored, retained, and accessed are aspects of readiness that each court must evaluate. Access Courts must decide whether digital evidence introduced into the court record will be treated as a court filing or an exhibit, determine whether the evidence becomes subject to open records statutes and/or rules, and provide a mechanism for the public to access information guaranteed under public access policies or open records provisions. Privacy Digital video regularly records individuals and their property that are not a party to the case at hand. Prior to a video being entered into evidence, the faces and license plates of bystanders can be redacted or blurred out. Local practices will determine if a court needs to establish a court rule or policy, bearing in mind that redaction is very time-intensive. Vendor Management Ensure vendor contracts take into account security, auditing provisions, ownership of evidence, access, and other court-specific issues. Expectations Management Courts must manage the expectations of both the public and the judges and other courtroom stakeholders. A “CSI” effect may create very unrealistic expectations about what courts can reasonably do.
    Purpose
    The report identifies potentiall challenges and recommends steps that the court should follow concerning the increase in evidence collected by smart phones and body-worn cameras. The report addresses the court's capacity to receive, evaluate, protect, and present digital evidence.
    Description
    The report is the result of a focus group facilitated by the National Center for State Courts (NCSC) and held by Joint Technology Committee (JTC) in Denver on October 5-6, 2015. This report summarizes the information gathered in that focus group, and provides information on the potential challenges courts may face with digital evidence, and makes recommendations for state court consideration.
    Target group
    The court - and court's participants

  • Social Media - Guidelines on prosecuting cases involving communications sent via social media

    Institution

    Crown Prosecution Service

    Language

    English

    Publication date
    2018-08-21

    Reference link
    https://www.cps.gov.uk/legal-guidance/social-media-guidelines-prosecuting-cases-involving-communications-sent-social-media
    Executive summary
    The document, as part of the Code of Crown Prosecutor's public documentation is issued by the Director of Public Prosecutions thatsets out the general principles under which the CPS should follow when they make decisions on cases.
    Purpose
    The purpose of the guide is to assist prosecutors and inform the general public on the work and legal standards with respect to the CPS.
    Description
    The document contains very specific information regarding social media and the scope of the legislative consideration when using communication through social media, and what usage can it be put at when investigating crimes under the UK criminal code. It describes the evidential standard, and the concept of public interest. It speaks of issues in Social media offending, including violence against women and girls, flagging, hate crime, and social media hate crime offences. It provides further guidelines on reporting an preventing abuse on social media.
    Target group
    Prosecutors

  • How to: Use Google Translate When Working in a Foreign Language

    Institution

    Citizen Evidence Lab - Amnesty International

    Language

    English

    Publication date
    2020-02-27

    Reference link
    https://citizenevidence.org/2020/02/27/how-to-use-google-translate-when-working-in-a-foreign-language/
    Executive summary
    n/a
    Purpose
    To provide assistance on the usage of 'google tranlsate' when working in a foreign language.
    Description
    The guide provides an instruction to the targetted audience on the usage of 'google translate' when working in a foreign language. It highlights the limitations as well as points of careful consideration when using the application, as an add on.
    Target group
    Human rights investigators and defenders

  • How to: Use Reverse Image Search for Human Rights Investigations

    Institution

    Citizen Evidence Lab - Amnesty International

    Language

    English

    Publication date
    2020-01-29

    Reference link
    https://citizenevidence.org/2020/01/29/how-to-use-reverse-image-search-for-human-rights-investigations/
    Executive summary
    n/a
    Purpose
    It provides guidance on how to use the reverse image search function.
    Description
    It provides guidance on how to use reverse image search for human rights investigations.
    Target group
    Human rights investigators and defenders

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