Varenya Vaish
Constituting as an extension of forensic sciences, digital forensics, in a nutshell, deals with investigating data/information/material that is taken from various digital devices. There are various categories under the said field such as:
- [1]Computer Forensics: deals with deriving data from computers, embedded systems, and a static memory
- Mobile Forensics: deals with deriving data such as call logs, and location from handsets via the inbuilt communication system and proprietary storage mechanism.
- Network Forensics: deals with deriving data, collecting evidence, and detecting intrusion by monitoring and analysing computer network traffic
From identifying, analysing documenting evidence via digital mediums to preserving and safeguarding the privacy of users from being exploited, digital forensics is one such field that still strives immensely to strike a balance between both the aforementioned.
As it is very evident, the growth of technology is known to serve as a major factor for increased engagement in the computer forensics arena. However, the usage of various networks for transferring any kind of data has not only made attaining information easier but has also doubled the risks of getting exploited. From malicious software and tools to illegal methodologies, extracting valuable and private information, post the growth of digital platforms, has created a new branch of crime. The very reason cybercrimes have made their way into the said field is the fact that there is a huge gap in the idea of privacy. Though forensic investigators are trying their best to find a common ground between retrieving evidence and abstaining from infringing user privacy, this field has a long way to go in terms of dealing with the aspect of safeguarding the private information of individuals.
[2]As per the reports by the National Crime Records Bureau, in 2020, due to the national and regional lockdowns, the rates of cybercrimes rose by 12 per cent whereas the other fields of crime such as murder, theft and cheating faced a huge drop. Illegally obtaining information from databases has been one of the major topics of concern, pertaining to the field of cybercrime, for the courts to take charge on. [3]In A. Shankar v State Rep it was said that:
The petitioner approached the Court under Section 482, CrPC to quash the charge sheet filed against him. The petitioner secured unauthorized access to the protected system of the Legal Advisor of Directorate of Vigilance and Anti-Corruption (DVAC) and was charged under Sections 66, 70, and 72 of the IT Act.
Hence, the Court observed that the charge sheet filed against the petitioner cannot be quashed with respect to the law concerning non-granting of sanction of prosecution under Section 72 of the IT Act.
[4]Legal Provisions pertaining to Cyberspace
- Section 79A of the IT (Amendment) Act, 2008 defines electronic evidence as to any information of probative value that is stored/transmitted in electronic form and includes computer evidence, digital audio, digital video, cell phones and digital fax machines.
- Section 65-B of the Evidence Act, 1872 focuses on the admissibility of electronic records.
- Section 3 and Section 65-B of The Evidence Act, 1872 when read together, can be said that certain computer outputs of the original electronic record, are now made admissible as evidence “without proof or production of the original record. Thus, the matter on computer printouts and floppy disks and CDs become admissible as evidence.”
- Section 79A of the IT (Amendment) Act, 2008 revolves around explaining the reliability of digital evidence in an investigation.
[5]Trends of privacy in digital forensics
To tackle the issue of not infringing user privacy while conducting investigations, the forensic authorities came up with several insightful approaches, some of which are still under the scope so that all the possible loopholes are dealt with easily.
The first of the various models, created by the forensics investigators, gave light to a framework where enterprises and organizations can meet forensic readiness to approach privacy related violations. As the model comprises a series of business processes coupled with a forensic approach, positioned in a hierarchical order, enterprises are in a position to conduct a quality assessment of privacy related forensic investigations on information pertaining to private incidents.
In the year 2010, two models were introduced with regard to the same field of discussion. The first of it proposed a cryptographic model which was to be included in the current digital forensics framework where the investigators were to first allow the owner of the data to encrypt his digital material with a key followed by indexing the image of the data storage. Post this, the forensics experts were to extract the data from the relative image areas that correlate with the keywords they used via the encryption key. The best part about this model was that the forensic investigators were prohibited from accessing those image sectors that are not coupled with any keyword, which precisely guaranteed privacy.
Another model, that was brought to light with regards to maintaining a balance between safeguarding the privacy and deriving key evidence was a framework that revolved around a data layering system. This method allows the forensics department to retrieve information layer by layer. The first layer will have information that may not be as closely associated with the individual but as the forensics authorities justify and authenticate the data obtained from each layer, they are authorized to tap into that field of the process, also known as the final later, where the information is directly linked to the person.
Along the same lines, another framework was proposed where Privacy Enhancing Technologies, which is a type of technology that was designed solely to preserve user anonymity while they access the internet. This allows the users to remain anonymous, unless the server gathers enough evidence to prove that a user is serving as a threat to the platform, only then, post requesting a forensics investigator, can they unveil the identity of the user. Not only does this strike a balance between user privacy and digital forensics but also establishes a line of trust among the users with regard to having their privacy protected.
[6]Privacy Preservation
With so many attempts to safeguard privacy, the essence lies in the fact that both the user as well as the investigators must serve as the gatekeepers of the same.
Users, with regards to maintaining their own safety, must be aware of how technology aids in privacy preservation while they are storing data on digital networks and platforms. Along the same lines, the users must also be open to understanding the fact that when it comes to privacy preservation, having a collective effort of a combination of technologies with professionalism and expertise in other aspects to better privacy, is essential. It is also highly crucial for the users to be alert to the idea that there can be situations when they will be a witness to their breach of privacy and hence, they must seek the best solutions available which include forensics investigations.
Pertaining to the forensic investigators, it is very important for them to understand that exercising utmost professionalism and having a rational approach while handling private data, is the key to maintaining the balance between protecting user privacy and collecting key information via digital mediums.
[7]Overlooked Issues in the Sector
In a field as wide as digital forensics, it is very understandable for certain aspects to be overlooked, however, some concerns are very essential to be looked into for a better establishment of a balance between privacy and deriving evidence.
The first and foremost aspect that needs to be focused on is working on solving the issues pertaining to privacy at the root level instead of introducing more technical countermeasures in the field.
Secondly, it is very crucial to shine a light on educating the users on how they can contribute to privacy preservations and safeguarding their private data. Adding onto the same, it is essential for the investigators as well to ensure they go through proper training and maintain utmost professionalism throughout the course of their investigation for maintaining the balance.
Conclusion
Two radical aspects that are of deriving key evidence from digital sources/platforms and maintaining user privacy are how we define the entire field of digital forensics. From understanding the measures taken by the forensics investigators to refrain from infringing the privacy rights of individuals while obtaining crucial information from digital platforms to focusing on aspects that, if worked on, can benefit the field in its entirety, the area of digital forensics considering the immense of growth of technology is gradually making its way to the top.
[1] https://www.legalserviceindia.com/legal/article-4896-future-of-digital-forensics-in-india-an-analysis.html
[2]https://economictimes.indiatimes.com/news/company/corporate-trends/crimes-too-went-digital-in-the-pandemic-up-12/articleshow/86609599.cms?from=mdr
[3] https://indiankanoon.org/doc/1131053/
[4] https://blog.ipleaders.in/cyber-forensics-law-and-practice-in-india/
[5] https://www.researchgate.net/publication/267799382_A_Survey_on_Privacy_Issues_in_Digital_Forensics
[6] Ibid
[7] https://www.researchgate.net/publication/267799382_A_Survey_on_Privacy_Issues_in_Digital_Forensics