Explain the Intent and Fundamental Concepts of Search and Seizure Law as It Applies to Digital Crime
Computers and the Internet have entered the mainstream of American life. Millions of Americans spend hours every day using computers and mobile devices to send and receive email, surf the Internet, maintain databases, and participate in countless other activities. Unfortunately, those who commit crimes have not missed the information revolution. Criminals use mobile phones, laptop computers, and network servers in the course of committing their crimes.
Major shifts in the information technology landscape over the past two decades have made the collection and analysis of digital evidence an increasingly important tool for solving crimes and preparing court cases. As technology has become more portable and powerful, greater amounts of information are created, stored, and accessed. Modern devices can serve as huge repositories of personal information yet be carried in a pocket and accessed with a single hand or even voice command. There is a clear benefit to having ample information to obtain convictions, but law enforcement and other criminal justice partners need to balance the recovery and admissibility of digital evidence with privacy concerns. This work discusses the rise of digital evidence, unique challenges, and the results of a workshop held to prioritize needs in digital evidence processing. While digital evidence exploitation is a relatively new tool for law enforcement investigations, law enforcement relies extensively on digital evidence for important information about both victims and suspects.
Other ways through which this type of crime is committed include production and distribution of child pornography; repeated stealing of money that is done in small bits and commonly known as Salami slicing; identity theft enabling deceptive computer transactions; property theft with the aid of computer systems; piracy; unauthorized use and alteration of programs; deliberate interference with computerized protection systems; and fraudulent manipulation of computer records (Caeti et al, 2005).All these security measures can only function effectively if the user of the digital device such as a computer employs other standard measures needed to regulate digital crimes. The system software must be up to date since the current software is complex and hard to hack. The digital system should equally be protected with a complex password that contains variety of characters (System Solutions Group, 2003). Finally, prevention of digital crime can be enhanced by reporting to the authorities any suspicious activity. Therefore for digital crime to be tackled effectively all digital systems users should be involved.
In a word, some countries recommended that accession to the Council of Europe Cybercrime Convention would promote international cooperation and harmonization of national cybercrime laws. Some countries recommended that a new international legal instrument on cybercrime should be developed. Other countries recommended that harmonization of legislation could be promoted through the development of international model legal provisions at the United Nations level.
Caeti, T. J., Liederbach, J. R., Loper, K. J., Fritsch, E. J. & Taylor, R. W. (2005). Digital Crime and Digital Terrorism. New Jersey, NJ: Prentice Hall.
System Solutions Group. (2003). Digital Crime. Retrieved from http://www.ssg-inc.net/