Digital Evidence and Electronic Signature Law Review

Article

When the EU qualified electronic signature becomes an information services preventer

The practical failure of the qualified electronic signature across Europe is a good lesson on the factors that are critical for information security in public administration and business: the need for well defined objectives, the differentiation of security services, interoperability and a design approach based on risk management. The qualified electronic signature (QES)1 and the global electronic services market have existed for some time now, but each seems to exist in parallel realities.

Cybercrime: Issues and challenges in the United States

Introduction to the use of computers and the internet, illustrating some of the problems that have accompanied the internet, before providing an outline of the response by successive administrations. The relevant legislation is set out, with a discussion of the issues relating to electronic evidence, hearsay, authentication, and search and seizure in the United States.

The use of Artificial Intelligence in digital forensics: An introduction

Artificial Intelligence (AI) is an important and well established area of modern computer science that can often provide a means of tackling computationally large or complex problems in a realistic time-frame. Digital forensics is an area that is becoming increasingly important in computing and often requires the intelligent analysis of large amounts of complex data. It would therefore seem that AI is an ideal approach to deal with many of the problems that currently exist in digital forensic...

Justice and sheriff: Practical and authoritative methods for the electronic issuance of officially certified documents in the United States

Practical methods have been established in the United States for issuing officially certified electronic documents, including confidential documents.1 These developments fill voids that had previously prevented fully electronic court efiling systems, including official attestation signatures. Examples of such methods include the first digitally signed judicial order in the United States federal court system, electronic state court processes for completing and issuing charging documents and do...

Problems of legal regulation and investigation of computer crimes in Georgia

The author sets out the legislation dealing with cybercrime in Georgia, and discusses the problems with the definitions of substantive offences. The methods used by the investigating authorities when dealing with computer crime investigations in Georgia are also considered, and illustrated with a case that indicates the urgent need for police officers in Georgia to be educated in digital forensics.

Electronic wills in South Africa

Technology will be used by people, and it will be used for purposes that politicians legislate against. Generally, a will must be executed on paper with the manuscript signature of the testator and witnesses being affixed to the paper. However, in the case of wills by sailors, soldiers and airmen, it is possible for a will be to given orally to another person on the battle-field. Despite the legislation passed by politicians to legislate for human behaviour, there are times when humans will d...

Bailiffs on the internet and the validity of their certified reports: Lessons learned from the French and Belgian courts

Consider bailiff’s certified reports and the use of judicial experts in France and Belgium. A bailiff can be called upon to report on purely material facts, and they are increasingly being asked to provide evidence adduced from the internet. In this article, consideration is given to the technical issues that a bailiff must consider when obtaining evidence from the internet, and case law is used to illustrate some of the problems that have occurred to date.

Electronic evidence in the Slovene Criminal Procedure Act

The author describes the additional articles introduced to the Criminal Procedure Act that regulate basic standards (guidelines) for the collection of electronic evidence for criminal proceedings, and are based on the data stored in or on a device. The changes were brought about by a ruling of the Constitutional Court in 2008, that for the police to be able to search a mobile telephone and SIM card, it was necessary to abide by the provisions of the Slovene Constitution and obtain a warrant.

The burden of proof in the matter of alleged illegal downloading of music in Denmark

Four civil cases concerning the peer-to-peer file sharing system named Direct Connect (‘DC’) were brought to trial in the Danish High Courts in 2008. The Danish department of IFPI (International Federation of the Phonographic Industry), together with the music and film industry, took legal proceedings against private persons and claimed compensation for alleged illegal downloading of music from the internet using the peer-to-peer file sharing system DC. DC is a system which makes it possible ...

An overview of some recent case law in Belgium in relation to electronic signatures

Although the Belgian legal framework in relation to electronic signatures has been implemented for more or less a decade now,1 legal disputes in relation to the use and the validity of electronic signatures have been rare.

The latest civil legal proceedings between banks and their customers in China

In recent years, the methods of payment adopted by banks have become increasingly diverse. In addition to withdrawing cash from a traditional deposit book, more customers choose to make inter-city, trans-city or trans-region withdraws of cash and to make inter-city, trans-city or transregion payments and settlements by means of a bank card, cheque (check), internet bank and telephone bank. As a result, the number of disputes over unauthorized payment and settlement between banks and customers...

The first ?Trojan Horse? case prosecuted in China

Under the 7th Amendment of the Criminal Law of the People’s Republic of China, which came into effect on 28 February 2009, stealing data from a computer information system, or gaining unauthorized control of a computer information system is a crime. In March 2009, the People’s Procuratorate of Gulou District of Nanjing City prosecuted a matter concerning access to computer systems and theft of virtual assets by the use of a Trojan horse program. This was the first criminal prosecution in Chin...

The archiving of electronic documents under French law

For various reasons including geography, weather conditions, government stability, competitive storage costs, and the availability of trained staff, France is considered by many as a prime location for the archiving of electronic documents. Part I of this article focuses on French electronic archiving legislation.1 The authors also discuss how long electronic documents must be stored, French legal security requirements in respect of electronic documents, and the use of electronic documents as...

Ukraine: Electronic filing of tax returns

Hiding illegal content in the SWF format and spreading through social network services: a legal approach

It is possible to hide data or illegal content in different file formats. The evolution of web 2.0 has led to the popularity of social network services, and the exchange of large quantities of information. Web pages would not be as interactive without flash technology. However, flash technology has not been examined widely for its possibilities as a medium for the transmission of hidden information. This article will illustrate how flash technology can be used to disseminate hidden informatio...

RFID technology and the future - old school fraud in a new wrapper

It is just a matter of time before the first RFID skimmer will reach our laboratory, and therefore the designs are as yet unknown. Based on previous experiences from magnetic stripe card skimmers, this article considers how RFID skimmers could exhibit similarities to traditional ones.

Case Note

England & Wales: Donald Blaney v Person(s) unknown, (not reported), Thursday, 1 October 2009, Lewison J ChD, by Matthew Richardson

Donald Blaney v Person(s) unknown, (not reported), Thursday, 1 October 2009, Lewison J ChD, by Matthew RichardsonIntellectual property; passing off; copyright; moral rights; injunction; service by alternative means; CPR 6.27; internet; anonymous author

Germany: 22.09.2009, 1 K 365/09.TR

22.09.2009, 1 K 365/09.TR, by Dr Martin EßerRight to appeal; electronic means; administrative proceedings

Germany: 14.01.2010, VII ZB 112/08

14.01.2010, VII ZB 112/08, by Dr Martin EßerAppeal by e-mail; signed with a qualified electronic signature; verification of the signature

Singapore: Joseph Mathew and Another v Singh Chiranjeev and Another [2009] SGCA 51 (on appeal from Singh Chiranjeev v Joseph Mathew [2008] SGHC 222)

Joseph Mathew and Another v Singh Chiranjeev and Another [2009] SGCA 51 (on appeal from Singh Chiranjeev v Joseph Mathew [2008] SGHC 222), by Bryan TanSale of property; exchange of e-mail communications accepting offer and price; cancellation of contract; whether binding agreement

Singapore: Deutsche Bank AG v Chang Tse Wen and others [2010] SGHC 125

Deutsche Bank AG v Chang Tse Wen and others [2010] SGHC 125, by Bryan Tan and Lee Heng EamCivil Procedure; discovery of documents; electronic discovery; Practice Direction No 3 of 2009; electronic discovery protocol; good faith collaboration; opt-in framework; who to apply; whether necessary to order; consideration of factors in paragraph 43D; reasonable search; key words; discovery in stages; providing electronic copies of electronically stored documents in lieu of inspection

Slovenia: I Ips 7/2009

I Ips 7/2009, prepared by Kristina Brezjan (student, Law Faculty of the University of Maribor) and reviewed by dr. Liljana SelinšekMobile telephone and SIM card; data of the incoming and outgoing calls of the appellants telephone number and of the base stations; whether illegally obtained evidence

Case Judgment

England & Wales: R v LR. Indictment number T20090048

R v LR (not reported) Indictment number T20090048 (this is a transcript of the Ruling that was subsequently appealed by the Crown to the Court of Appeal, Criminal Division: CPS v LR [2010] EWCA Crim 924)Abusive images of children; judicial order to provide copies of images to defence; refusal by prosecution; reasonableness of judicial order and practical arrangements

France: In re Advocate Christopher X, Cour de cassation chambre criminelle du 12 décembre 2007 n°07-83228

In re Advocate Christopher X, Cour de cassation chambre criminelle du 12 décembre 2007 n°07-83228Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters; liability of French lawyer for taking evidence without authority of the Hague Convention; articles 1134 of the Civil Code, 111-4 of the Penal Code, 1 bis of law No. 68-678 of 26 July 1968 amended by law No. 80-538 of 16 July 1980 (articles 1134 du code civil, 111-4 du code pénal, 1 bis de la loi ...

Greece: Court Decision No. 9460/1999 (9460/1999), by Michael G. Rachavelias

Court Decision No. 9460/1999 (9460/1999 ?F ?T), by Michael G. RachaveliasBanking; sending a card and electronic signature (Personal Identification Number (PIN)) through the national post; loss of items; liability for subsequent unauthorised withdrawals

Italy: Judgement No. 11445 of 6 September 2001 (Cassazione civile, sez. lav., 6 settembre 2001, n. 11445), Supreme Court of Cassation

Judgement No. 11445 of 6 September 2001 (Cassazione civile, sez. lav., 6 settembre 2001, n. 11445), Supreme Court of Cassation - Work SectionAdmissibility of digital documents; probative value of electronic or computer systems

Poland: Sygn. akt I KZP 2/10, S?d Najwy?szy - Izba Karna w Warszawie (Supreme Court - Criminal Chamber in Warsaw)

Sygn. akt I KZP 2/10, S?d Najwy?szy - Izba Karna w Warszawie (Supreme Court - Criminal Chamber in Warsaw), with a commentary by Dr Arkadiusz LachAuthority to intercept telephone communications; admissibility of the records in other proceedings; refusal to give opinion on this subject because of lack of relevance

Romania: Decizia nr, 1258 dated 8 October 2009, Curtea Constitutional a României (Constitutional Court)

Decizia nr, 1258 dated 8 October 2009, Curtea Constitu?ional? a României (Constitutional Court), translated by Bogdan Manolea and Anca ArgesiuConstitutionality of law 298/2008 regarding the retention of the data generated or processed by the public electronic communications service providers or public network providers