Digital Forensics Assignment: Laws, Regulations, and Evidence Analysis

This document provides a comprehensive solution to a digital forensics assignment, focusing on key legal aspects and regulations. The assignment addresses the Computer Misuse Act, detailing unauthorized access, modification, and intent related to computer materials, and the implications...Read More

Running head: DIGITAL FORENSICS
Digital Forensics
Name of Student-
Name of University-
Author’s Note-

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Question 1:
The points that are to be secured under Computer Misuse Act are stated below:
 There is unauthorized access to the computer material.
 There should be unauthorized access with the intent for committing or facilitating the
commission for the offences.
 There should be unauthorized modification for the computer material.
If the evidence is missing, the result of the case leads the jury to jump to conclusion for
the evidence that are missing and the missing evidence is preferably unfavorable for the victim
(Montasari, Peltola and Carpenter 2016). If the jury undertaking the case believes that parties are
including crucial information, for that situation a doubt arise for the party to witness the
reliability. There might also be some strategic move that states that the evidence can be
purposefully withhold during the evidence trail. The issue of evidence missing is addressed best
by some experienced attorney (Mikulic 2016). The criminal lawyers involved in the case are
mainly trained for understanding all the different rules included in rule of evidence and those
rules are complicated. In a criminal trial, the involved defendant is actually entitled to represent
the attorney. The attorney is to be consulted regarding any evidence related with the case.
Question 2:
Regulation of Investigatory Powers Act (RIPA) 2000
RIPA is a law that is mainly used to govern interception along with the use of e-
communication. This act was specifically designed to take in to account the growing importance
as well as using of the internet and using a strong method of encryption in the communication

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process (Hintz and Dencik 2016). This RIPA act impacts all other legislations which proves
statutory foundation including all other techniques that are used for monitoring the citizens and
their communications.
This act includes two controversial stipulations. The first stipulation states that the
organizations or the individuals are to be compelled by government which might disclose all the
keys that are necessary for decrypting the communication process. The second stipulation states
that ISP (Internet Service Providers) has to bear cost of the technical systems for assisting the
law enforcement along with the interception of the electronic communication.
Telecommunications Regulations 2000
The use of interception in Telecommunication Regulation 2000 provides the businesses
right for monitoring the communication that comes in their own network. Before this regulation,
the concept of interception was unlawful until the consent was provided by the sender and the
recipient (Bradshaw 2017). This regulation of telecommunication became effective by
implementing article 5 in the EU Telecoms. The concept of interception is considered as lawful
because they can be monitored or ca be recorded.
Under the law of Telecommunication regulation, there is code of practice that helps to set
how the employers that monitors the activities of the employee that includes using of e-mail,
internet, as well as telephone in the organization. In spite of the permissible interception, the
code states that the employees are to be notified that the communication can be intercepted in the
communication network. This regulation includes one criticism. When there are certain activities
taking place in the industry, and those activities are not regulated, interception might not take
place in the organization.

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References
Bradshaw, P., 2017. Chilling Effect: Regional journalists’ source protection and information
security practice in the wake of the Snowden and Regulation of Investigatory Powers Act (RIPA)
revelations. Digital Journalism, 5(3), pp.334-352.
Hintz, A. and Dencik, L., 2016. The politics of surveillance policy: UK regulatory dynamics
after Snowden. Internet Policy Review.
Mikulic, M.C., 2016. The Unconstitutionality of the Computer Fraud and Abuse Act. Notre
Dame JL Ethics & Pub. Pol'y, 30, p.175.
Montasari, R., Peltola, P. and Carpenter, V., 2016, June. Gauging the effectiveness of computer
misuse act in dealing with cybercrimes. In 2016 International Conference On Cyber Security
And Protection Of Digital Services (Cyber Security)(pp. 1-5). IEEE.