Digital Forensics and Crime Investigation: Legal Issues in Prosecution at National Level

Abstract: Revolution in Internet and ease in use of latest technology is significantly increasing the use of latest technology worldwide, day by day. Advancement in digital devices such as computers and cell phones also helped the people to work both from home and offices. The indispensable nature of information technology, however, has also attracted cyber terrorist to target our strategic critical information resources like banks, defense installations, vital telecommunication hubs, means of transportation, and other infrastructures linked with our national security. Similarly, internet and related technologies also helped terrorists as well as cyber and organized criminals to carry out their criminal activities while maintaining the anonymity and stealth. Currently, prosecution and conviction of criminals is completely based on evidence collected from digital devices based on the standard forensics models developed during last two decades. This paper presents a new national model that combines digital forensics and related laws at national level to investigate and prosecute cases which involves digital evidence based on legal system and cyber laws. The paper also discusses a real life case of Hawala as well as issues related to cross border prosecution and different obstacles to investigate such cases due to transnational prosecution and legal issues.