FIGHTING THE CLASSICAL CRIME-SCENE ASSUMPTIONS. CRITICAL ASPECTS IN ESTABLISHING THE CRIME-SCENE PERIMETER IN COMPUTER-BASED EVIDENCE CASES
Physical-world forensic investigation has the luxury of being tied to the sciences governing the investigated space, hence some assumptions can be made with some degree of certainty when investigating a crime. Cyberspace on the other hand, has a dual nature comprising both a physical layer susceptib...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2016-05-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=01_criminal_law%2F&download=CKS+2016_criminal_law_art.009.pdf |
| Summary: | Physical-world forensic investigation has the luxury of being tied to the sciences governing the investigated space, hence some assumptions can be made with some degree of certainty when investigating a crime. Cyberspace on the other hand, has a dual nature comprising both a physical layer susceptible of scientific analysis, and a virtual layer governed entirely by the conventions established between the various actors involved at a certain moment in time, defining the actual digital landscape and being the layer where the actual facts relevant from the legal point of view occur. This distinct nature renders unusable many of the assumptions which the legal professionals and the courts of law are used to operate with. The article intends to identify the most important features of cyberspace having immediate legal consequences, with the purpose to establish new and safe assumptions from the legal professional's perspective when cross-examining facts that occurred in cyberspace. |
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| ISSN: | 2068-7796 2068-7796 |