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Constructing digital evidence: A study on how cognitive and human factors affect digital evidence

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  • Institutt for kriminologi og rettssosiologi [607]

List of papers

Article 1: Sunde, N., Dror, I. E. (2019). Cognitive and human factors in digital forensics: Problems, challenges, and the way forward. Digital Investigation, 29, 101-108. doi: 10.1016/j.diin.2019.03.011. The article is included in the thesis. Also available at:
Article 2: Sunde, N., Dror, I. E. (2021). A Hierarchy of Expert Performance (HEP) applied to digital forensics: Reliability and biasability in digital forensics decision making. Forensic Science International: Digital Investigation, 37, 301175. doi: 10.1016/j.fsidi.2021.301175. The article is included in the thesis. Also available at:
Article 3: Sunde, N. (2022). Unpacking the evidence elasticity of digital traces. Cogent Social Sciences, 8:1, DOI: 10.1080/23311886.2022.2103946. The article is included in the thesis. Also available at:
Article 4: Sunde, N. (2021). Strategies for safeguarding examiner objectivity and evidence reliability during digital forensic work. Forensic Science International: Digital Investigation, 40, 301317. doi: 10.1016/j.fsidi.2021.301317. The article is included in the thesis. Also available at:
Article 5: Sunde, N. (2021). What does a digital forensics opinion look like? A comparative study of digital forensics and forensic science reporting practices. Science & Justice, 61(5) 586-596. doi: 10.1016/j.scijus.2021.06.010. The article is included in the thesis. Also available at:

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A Comprehensive Digital Forensic Investigation Model and Guidelines for Establishing Admissible Digital Evidence

MPhil Thesis

AuthorsAdemu, Inikpi Onechojo
TypeMPhil Thesis
Abstract

Information technology systems are attacked by offenders using digital devices and networks to facilitate their crimes and hide their identities, creating new challenges for digital investigators. Malicious programs that exploit vulnerabilities also serve as threats to digital investigators. Since digital devices such as computers and networks are used by organisations and digital investigators, malicious programs and risky practices that may contaminate the integrity of digital evidence can lead to loss of evidence. For some reasons, digital investigators face a major challenge in preserving the integrity of digital evidence. Not only is there no definitive comprehensive model of digital forensic investigation for ensuring the reliability of digital evidence, but there has to date been no intensive research into methods of doing so.
To address the issue of preserving the integrity of digital evidence, this research improves upon other digital forensic investigation model by creating a Comprehensive Digital Forensic Investigation Model (CDFIM), a model that results in an improvement in the investigation process, as well as security mechanism and guidelines during investigation. The improvement is also effected by implementing Proxy Mobile Internet Protocol version 6 (PMIPv6) with improved buffering based on Open Air Interface PIMIPv6 (OAI PMIPv6) implementation to provide reliable services during handover in Mobile Node (MN) and improve performance measures to minimize loss of data which this research identified as a factor affecting the integrity of digital evidence. The advantage of this is to present that the integrity of digital evidence can be preserved if loss of data is prevented.
This research supports the integration of security mechanism and intelligent software in digital forensic investigation which assist in preserving the integrity of digital evidence by conducting experiments which carried out two different attack experiment to test CDFIM. It found that when CDFIM used security mechanism and guidelines with the investigation process, it was able to identify the attack and also ensured that the integrity of the digital evidence was preserved. It was also found that the security mechanism and guidelines incorporated in the digital investigative process are useless when the security guidelines are ignored by digital investigators, thus posing a threat to the integrity of digital evidence.

Year2013
Digital Object Identifier (DOI)
Publication dates
Jan 2013
Publication process dates
09 May 2016
Publisher's version INIKPI_ADEMU_FINAL_THESIS V2.pdf

https://repository.uel.ac.uk/item/85xwz

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Digital Evidence and War Crimes Prosecutions: The Impact of Digital Technologies on International Criminal Investigations and Trials

Fordham International Law Journal, Vol. 41, No. 2, 2018

55 Pages Posted: 31 Mar 2021

Lindsay Freeman

Human Rights Center, UC Berkeley School of Law

Date Written: 2018

As technology develops, new tools are continually being introduced that alter the nature and availability of courtroom evidence. The proliferation, connectivity, and capabilities of camera- embedded and internet-enabled mobile devices, which record far more information about people’s activities and communications than ever before, are transforming the way criminal investigators and prosecutors collect, evaluate, and present evidence at trial. This is particularly true in international criminal trials, where prosecutors must present a voluminous and varied body of evidence to prove multiple charges related to complex conflicts. It is the prosecutor’s job to present evidence in a way that assists the fact-finder in evaluating its significance and understanding how it fits into the greater narrative. In cases involving war crimes, crimes against humanity, and genocide, a large quantity and diversity of evidence is necessary to explain the context of the conflict and to prove the requisite elements of crimes and modes of liability. By examining the evidence and presentation techniques used in recent cases before international criminal courts, this article illustrates how war crimes prosecutions are evolving to meet the challenges and advantages of modern times. Part II explains the applicable law and describes how the use of emerging types of evidence in international criminal cases has expanded and been refined over the years. Part III analyzes three exceptional, yet emblematic cases from 2016, which call attention to an important trend that is predictive of the future use of digital evidence in war crimes prosecutions. Part IV discusses cases on the horizon and what these technological developments mean for members of the international justice community.

Keywords: Digital Evidence, War Crimes, International Criminal Court, International Criminal Law, International Criminal Investigations

Suggested Citation: Suggested Citation

Lindsay Freeman (Contact Author)

Human rights center, uc berkeley school of law ( email ).

2224 Piedmont Avenue Berkeley, CA 94702 United States

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An Overview of the Use of Digital Evidence in International Criminal Courts

As digital evidence becomes more prevalent, it poses challenges to the International Criminal Court. This paper reviews some of the leading international criminal cases involving digital evidence, with a particular focus on the ICC, and identifies four types of evidentiary considerations specific to digital evidence: (1) authentication; (2) hearsay; (3) provenance (chain of custody); and (4) preservation of evidence. Using these four considerations, this paper aims to contribute to discussion on how best to respond to the challenges of digital evidence. The paper concludes with several questions raised by this analysis.

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