International Perspectives on Digital Forensics Legislation

Abstract

As technology changes across the globe, the demand for uniform legal structures has become equally crucial. The domain of digital forensics has become more relevant than ever, owing to the differing treaties and nationalised legislation through which it is governed. This paper discusses the legal structures of some selected countries such as the USA and South Africa and some countries from the European Union. These countries were chosen because of the complicated procedures involved in the handling of cross-border digital evidence. The paper attempts to analyse ever-changing digital forensic laws in different jurisdictions and what these mean in the context of having international cooperation in the fight against cybercrime. It underscores the legal contradictions and their effect on the need for mutual legal assistance treaties and elaborates on the relevance of international agreements such as the Budapest Convention on cybercrime. In addition, the paper attempts to analyse the ethical dilemmas dealing with the collection of digital evidence and the requirement to establish a proper chain of custody for the evidence to be admissible in court. This research seeks to assist legislators in devising effective digital forensic policies so that the gaps in the existing legislation and procedures concerning such evidence are addressed. Lastly, this research highlights the need for global cooperation in developing requisite policies governing digital forensics, which meet technological changes and improve the efficiency of digital forensic investigations.