Due to the difficulty of extracting digital evidence of these crimes, computer and information technology specialists find that cybercrime poses a major challenge to computer forensics experts (Biasiotti et al. 2018). Abdul-Muttalib MAH, Qasim ZM, Aziz AA (2003) A proposed model for the adoption rules of digital evidence for evidence in computer crimes. Arabic J 5:2253-2238 With regard to the difficulties of introducing electronic evidence in court, it should first be borne in mind that there is no doubt that data or information appropriate as electronic evidence can be manipulated and deleted before falling into the hands of the judiciary. The search and seizure is not carried out without the knowledge of technical experts or specialists. Indeed, security agencies, investigators and judicial authorities do not have sufficient knowledge of information technology in the field of cybercrime, which makes it difficult to control and search for electronic evidence (Matchanov 2020). The research is based on an examination of international law (Guidelines of the Committee of Ministers of the Council of Europe on electronic evidence in civil and administrative proceedings, Council of Europe Recommendation No. R (95) 13, Annex, IV. B. Electronic evidence) and national law (in particular Egyptian Law No. 175 of 2018 on combating crime in the field of information technology, Federal Law of the United Arab Emirates No. (35) of 1992 on the Law of Criminal Procedure) in the area of regulation of the collection of evidence from computer systems (Federal State of the United Arab Emirates, 1992).
This research uses the descriptive and analytical approach to describe, analyze and diagnose the subject in its various aspects and dimensions, to recognize the degree of authenticity of electronic evidence in forensic evidence by acquiring knowledge on the subject from its public sources and through books and legal literature and on the Internet. This research uses the comparative approach to compare the legislation of the United Arab Emirates (UAE) and what it has achieved in terms of cybercrime. Many researchers have defined electronic evidence or digital evidence as “information acceptable to reason and logic, obtained through legal and scientific procedures by translating mathematical data stored in computers, their accessories and communication networks, and which can be used at the investigative or judicial stage to prove that it has performed an act or thing or a person, that is related to a crime. a criminal or a victim” (Al-Bushra 2004). Golubtsov VG (2019) Electronic evidence in the context of electronic justice. Civil procedure Bull 9(1):170-188. doi.org/10.24031/2226-0781-2019-9-1-170-188 In addition, tools suitable for detection, investigations and criminal investigations include tools based on link analysis and data mining. Concepts and techniques are presented, as well as case studies. These are areas of forensic science. Special chapters are devoted to VIRTOPSY (forensic procedure) and FLINTS (police tool). It is both an introductory book (possibly a textbook) and a reference for specialists in various fields.
During or immediately after the acquisition of electronic evidence, electronic evidence must be stored on two separate data carriers to ensure redundancy in the event of deterioration of one of the copies or physical failure. One copy is marked as “original” and the other as “working copy”. Regarding the issue of the lawfulness of access to digital evidence, it should be noted that the possibility of obtaining electronic evidence raises several legal challenges due to the specific nature of such evidence. The source of the data and the material that can be researched in the context of gathering evidence requiring the assistance of technical experts in the field are just some of the challenges that arise when it comes to digital evidence. Forensic evidence plays an effective role in creating objective laws. It concerns in particular the development of procedures and procedures for the collection of electronic evidence. This gives it particular importance in solving cybercrime cases and convicting the culprit. Electronic evidence is accepted as legal evidence if its conditions are met in most legal decisions and comparative laws, even if its jurisprudential tendencies to establish its acceptance of such evidence in court are erroneous. Welch T (1997) Computer Crime and Computer Forensics Survey. Inf syst secur 6(2):56-80. doi.org/10.1080/10658989709342536 Wu H, Zheng G (2020) Electronic Evidence in the Blockchain Age: New Rules of Authenticity and Integrity. Comput Law Secur Rev 36:105401.
doi.org/10.1016/j.clsr.2020.105401 Bilal AA (1994) Evidence Illegally Obtained in Comparative Criminal Proceedings. Dar Al-Nahda Al-Arabiya. The UAE legislature should amend the UAE Code of Criminal Procedure and other laws to accommodate the development of electronic crime. The law should provide legal support to obtain electronic evidence of these crimes and prosecute their perpetrators. It should also define clear legal mechanisms for the treatment by means of electronic evidence at the stages of prosecution and prosecution, inspection of computer systems and control of electronic devices. Digital evidence is not only useful for solving crimes in the digital world such as data theft, network breaches and illegal online transactions. It is also used to solve physical crimes such as burglary, assault, accident, and murder. The above raises another issue with respect to witnesses.
Witnesses called to testify about cybercrime are employed because of their work in information technology or related professions. Care must be taken to ensure that these witnesses are competent enough to testify. Should they be given cyberforensic tasks, should they be trained to handle evidence responsibly and, in accordance with the law, computers that must be searched to print the data files stored in the memory of the computer being examined, including the disclosure of the password to open the computer, as well as codes for the implementation of programs? I learned during my investigation of this case and others since then that law enforcement does not look at the “how.” The criminal complaint alleged that the 14-year-old was knowingly seeking and distributing child pornography. What they did not explain is that child pornography is an unwanted byproduct of peer-to-peer networks. The evidence found was actually in the shared peer-to-peer folder. Ibrahim KM (2020) Electronic evidence in cybercrime of the site. National library. There are many difficulties regarding the validity of digital evidence admitted to the courts. First, digital evidence can be manipulated to hide the truth so that it does not reflect the reality of the crime under investigation. This manipulation can affect all other digital evidence presented to the judiciary and weakens its authenticity and secure control. The possibility of technical errors in obtaining digital evidence is very rare, but weakens the perception of the authenticity of digital evidence.