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Posted: August 4th, 2022
DQ 8 & 9
DQ 8 & 9
Name
Institution
Discussion 8
One of the traditional problems in computer investigations is physicality and jurisdictional concerns. In many cases, the individual committing the crime is situated in another country (or at least outside the court jurisdiction and prosecution seeking the conviction). It is difficult enough to take legal action against a cyber criminal successfully if they originate in a similar jurisdiction as the victim, but close to impossible when both live in different places. In many instances, good legal evidence is gathered successfully and even the identity and location of the cyber attacker is confirmed, but there is no legal ability to arrest the individual (Reyes et al., 2011). In May, 2020, cyber criminals successfully stole 10 million dollars from Norway’s state investment fund by spoofing an email address. Jurisdictional issues have made it challenging to prosecute the offenders. Also, during the same period, Chinese hackers gained access to travel records of UK airline group EasyJet’s 9 million customers. The crime has not been resolved yet.
Discussion 9
The category of pre-search activities in focus is warrant preparation. In order to obtain a warrant, a written affidavit is submitted to a magistrate or judge. Given under oath, the affidavit should recite adequate factual information to ascertain probable cause that a crime occurred and the individual whose name appears in the warrant committed it (Becker & Nordby, 2013). Also, it is important to ensure that the warrant indicates jurisdiction of where the crime occurred. Searching and seizing evidence are important practices in that they help law enforcement officers to obtain adequate evidence to ensure the arrest and conviction of a criminal. If not followed completely, it could weaken a court case. Judges/juries normally rely on evidence presented to make their judgments; failure to search and seize evidence completely means that important evidence may be excluded from a court case thus weakening it.
References
Becker, R. F. & Nordby, S. H.(2013). Underwater forensic investigation. CRC Press.
Reyes, A., Brittson, R., O’Shea, K., & Steele, J. (2011). Cyber crime investigations: Bridging the gaps between security professionals, law enforcement, and prosecutors. Elsevier.
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