The cyber forensic ultimately helps in the evidence management to prove a crime. The ultimate aim is to prove that the evidence provided to the court is the evidence collected from the place of commissioning of the crime. Challenges in Cyber Forensic Investigations can be divided in to two classes:
- Human Factor
- Documentation of all action is required
- Preservation of evidence is expensive
- Swift action to collect electronic audit trails
- Resources are required such as software and hard ware
- Time – hard drives are getting
- Authenticity of the evidences is highly questionable
- The process is time consuming
- There are no standards of the forensic examination
- Misconceptions and lack of awareness
- Maintain the secrecy and the integrity of the data is very difficult
- The software are very costly
- Difficult to identify the originality of the hardware and software as each device is combination of multi-technologies.
- There is scarcity of the experts in this field
- There is a need of consist work for long hours which is difficult
- Training of the software is not readily available
- Lack of awareness of maintaining the evidences on the crime scene and or in public domain
Legal issues in cyber forensics:
- Deciding the jurisdiction is one of the most important issues in computer forensic.
- Maintaining the integrity of the evidences is very difficult as it has to pass though through a chain of authorities.
- The crimes are mostly cross border hence it is very difficult to initiate the action against the criminals.
- There is integration of various laws for example, IPC, CPC, Evidence Act, IP laws and Cyber laws in cyber forensics
- The laws in various countries are different and there is no harmony.
- The police has limited language of the cyber law hence there is almost no cooperation from them for search and seizure from the crime scene.
- There is involvement of constitutional law when comes to privacy, search and seizure
- There is application of property laws when it comes to IPR issues
- Identity management in the form of digital signatures the the contract act is also involved in the cyber forensics
- When there are issues related to torts such as tresspass, negligence and defamation etc then the cyber forensic is again a task.
- As far as evidences are concerned the accuracy of presentation, and preserving the evidence in the best more and presenting to the court is one important legal issue