Academic Article by- Anuj Vishwakarma
Introduction-
In this modern world, digitalization is a trendy concept and has been generating more and more acceptance with its pros. The world is becoming cashless with more and more people using digital platforms for their financial transactions. However, with the increase in the usage of these digital means, the crimes on the network i.e., cyber crimes are also on a surge. Hackers extract data from the user’s network and use it to gain illegal advantages. Digital forensics is a field of forensic science that counters these activities. It is a branch of forensics that deals with the identification, recovery, preservation, extraction, and documentation of data that can be found on any digital device. It focuses upon recovering the data which is stolen or lost. Also called Computer Forensics, it helps the court of law to find evidence from digital platforms.
Evolution-
The bed lock of digital forensics started in the 1840s when Hans Gross (1847-1915) used scientific studies in criminal investigation. Later in 1942, Forensic Bureau Investigation (FBI) in the USA established a forensic laboratory to provide forensic services to all local authorities. In 1978, after the first-ever computer crime happened, Florida Computer Crime Act came to force. In 1992, the term ‘Computer Forensics’ was used for the time in literature. This helped in the establishment of the International organization on Computer Evidence (IOCE) in 1995. Computer forensics came to its prominence in the year 2000 with the foundation of the first Regional computer forensic laboratory by the FBI. Consequently, the first book on Computer Forensics by the Scientific Working group on digital evidence (SWGDE), called “Best Practices for Computer Forensics” was published in the year 2002. In 2010, Simson Garfinkel incorporated digital evidence in the forensic investigation processes. As far as Digital forensics in India is concerned, the evolutionary process has been slow. In India, there is not even a single codified statute or law which deals with Computer forensics. The reason can be the fact that technology law is still in its nascent stage in India. There are no regulations and rules governing digital forensics, so if someone wants to become a cyber forensic, he has to complete a certified course on digital forensics after finishing his graduation. There is not a single organization that governs the profession of digital forensics in India. The prime use of digital forensics in India is to deliver justice and solve complicated cases involving digital complexities. Hence, it becomes very essential to make a regulatory body that can see if the people in the profession are actually qualified enough to perform and manage this task. Most of the time, the court of law has to be dependent upon data and evidence which are gathered from the investigation of digital media. The reason for the same is the fact that most people now have access to the internet which as a result is also increasing the number of crimes involving digital media. For example, If a woman is getting blackmailed on a messaging app, then the most effective way of proving it in court will be to give evidence, which in such cases, most of the time are in digital forms. The right to privacy is a fundamental right guaranteed under the constitution of India. There is a chance of privacy infringement when the data in electronic forms are provided to forensic science analysts. It is reasonable to consider that forensic investigators should have the right to access all the data which can be helpful in tracking down the offender. But most of the time, the investigator also takes all the confidential information which is not needed for the case. So, the hazard of exploiting privacy is always there in the case of a digital forensics investigation. Analogies can be made to the controversial Aadhar Card case when UDIAI collected all the information from the citizens of India on the behalf of the government. In such cases, if an unauthorized person gets access to the password, username, PIN, or any other such required information because of the forensic science analyst, then it will not be difficult for them to maneuver the account and use it for illegal purposes.
Current Trends in India-
In India, the point of consideration is the legal and judicial systems and their functioning which seems to be outmoded. With the rise of cyber-crimes, there is a need to change the current policies and built a new techno-legal framework to fight cyber-crime with the use of the latest forensic technologies. Crimes like email spoofing and Facebook account hacking are very common in India but due to weak legal implications and poor law enforcement, the criminals are set free to commit more crimes. The cyber-crime conviction rate is very low in India, whereas the cyber-crimes have continuously surged in India. Cyber-attacks in India are done by other countries like USA, UAE, Pakistan, Nigeria, Saudi Arabia, etc. Crimes like email fraud, phishing, credit/debit card frauds, viruses, identity theft, etc. are very prevalent in India. There is a need of having strong cyber law monitoring and stringent cyber security. However, this can be achieved only if there is decent digital infrastructure available with the proper mindset.
CONCLUSION-
In a country like India where the government is focusing on Digital India projects, there is an acute need for a statute or a regulatory body to ensure conduct, quality, and ethics in digital forensics in India. As per data from the Centre for Advanced Research in Digital Forensics and cyber security, India is the 3 rd most vulnerable country for cyber threats. The Indian forensic department should build more technology-updated laboratories which can be utilized for dedicated digital research and to provide development facilities for Digital Forensics professionals. Forensic professionals should be educated on ethical hacking. This will aid them to get accustomed to the complexities of Cyber-crime. It can also assist them in finding flaws and can come up with solutions to protect the data of private individuals and organizations in the cyber world. The law enforcement agencies should aid the digital forensic laboratories in developing them as per the global standards.
References-
https://en.wikipedia.org/wiki/Cybercrime
https://indiaforensic.com/certifications/computer-forensics-in-india/
https://indianlawportal.co.in/digital-forensics/
https://www.classmate4u.com/history-of-digital-forensics/
https://www.guru99.com/digital-forensics.html
https://www.eccouncil.org/what-is-digital-forensics/
https://www.thehindu.com/news/national/digital-forensics-the-new-normal/article32824516.ece
http://www.iitmjanakpuri.com/iitmjournal/data/2015_Vol6_No1_it4.pdf