Page 60 - cyber law new

Cyber Crime and Law 1.46 Legal Scenario

Information and communication systems are becoming popular platform in the grounds for
collecting electronic-evidence in processes like investigations, audits, or litigation. Since,
Notes court can also proceed with e-evidence or ask for such evidences by the investigating

authority that can perform these tasks. Such authorities acquire all e-records includes
telephone logs, e-mail and instant messaging which are to be preserved carefully. Since,
the content and preservation of e-records will be a subject which causes different problems

in litigation and investigation exercises under some new legislation which has been opted
by government of different countries for preserving digital evidences or e-records. In any
investigation process of digital evidence consent of legal advisor must be necessary who
guide the officials with rules and regulations. This may be done because there are many
agencies who indicate themselves that they have power or legal authority for gathering
of digital evidence. While, some of them use their powers, acquire search warrant or

court order for seizing evidence because in many countries there is not a single explicit
legal provision in their national law.
US opt various acts and rules for preservation of e-records such as Sarbanes-Oxley

Act (SOX) which was signed in 2002 where data retention and preservation issues were
arises, Federal Rules of Civil Procedure (1970) which deals with all types of conducts
and activities, another is Federal Rules of Discovery which has been assign the duty for
preserving the documents. However, if we concentrate in Indian scenario then we came
to know that there are very few rules or regulations followed by Indian government in
preserving digital or electronic evidences i.e. Information Technology Act, 2000 and

Indian Penal Code (1860). Where not a single section deals with preservation of digital
evidences but co-relates with some provisions of these acts. Although, nowadays many
countries are going to opt or follow international standard of ISO/IEC 27037 which
deals with information technology- security techniques- guidelines for identification,
collection, acquisition, and preservation of digital evidence.

1.47 Flaws in Current Scenario

The investigation and preservation of digital evidence is much vast in itself. Although,
government has been facing different problems in solving the case related to cyber world.
This happens because officials didn’t consist of least knowledge about technologies which
are eroded day by day and replacing the old one. In current setup where cybercrime
affect the nation and in this situation investigation process is facing number of problems

from its officials. Because of lack of technical knowledge, didn’t aware of forensics
process, haven’t any idea of rules and regulation and many other.

60 Self Learning Material