Digital Forensics Assignment: Computer Misuse Act and Evidence

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Homework Assignment
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This assignment delves into the realm of digital forensics, examining key legal and practical aspects. It begins by analyzing the Computer Misuse Act, outlining the requirements for securing a conviction under section one, including considerations of location, computer involvement, and significant risk of damage. The assignment then shifts to the critical topic of evidence presentation, emphasizing the importance of truthfulness, maintaining the originality of evidence, and avoiding any form of influence. It highlights how alterations or biases can undermine the credibility of evidence, emphasizing the need for uninfluenced, clear, and well-presented evidence. Furthermore, the summary includes references to relevant literature, such as works by Kingsbury, Baig et al., Elyas et al., and Ramadhani et al., which are critical for understanding the legal and technical facets of digital forensics.
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Digital Forensics 1
Digital Forensics
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Digital Forensics 2
Question 1
The computer misuse Act is among the influential legislation pieces that are associated
with computers. The act has been an inspiration for related laws being introduced in other
countries (Kingsbury, 2016). To secure a conviction under section one, the following should be
possibly elucidated: one, that the accused was in the country in question at the time he engaged
in the unauthorized act. The evidence may be observable from locational applications that points
on location in the systems. Two, that the illegal act was carried out in association with a
computer in the home country of concern. the evince could be observable from the systems.
Three, that the illegal act resulted to or developed a significant risk, a serious damage of the
material kind in the concerned home country. It will also be observable in the systems.
Question 2
One of the things that should be maintained while giving evidences is truthfulness in
answering every kind of question related to the evidence being given. Ramadhani, Saragih,
Rahim and Siahaan (2017) note that answering questions truthfully will make the evidence
become more authentic and strong compared to when the answers are given in a more skeptical
way. It will be easy to convince people in court or in a legal ground that the evidence being given
is true when the questions posed by the other parties to you are answered accordingly, in a way
that seems or prove faithfulness and truthfulness. The other factor that should be done or
maintained is to make sure that you don’t alter the evidence to please any given person or for
personal gain. Baig et al. (2017) claims that presenting an evidence just like it is, is one of the
surest way of making legal surrounding favorable or trustworthy. An evidence that is altered will
easily be identifiable. It is very easy to identify the evidence that had been altered especially for
those who are in the legal grounds. They will easily notice that a certain evidence is not in its
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Digital Forensics 3
original form. Similarly, Baig et al. (2017) adds that once an evidence has been altered, in other
words it is not in its original form it renders powerless and remain void to even justify a truth or
fact even if it was the whole truth. Therefore, at all costs, one should ensure that the originality
of the evidence is given a priority, the evidence is strong when it is original and not interfered
with.
The last factor that should be considered is that as you give the evidence there should not
be influence whatsoever to benefit yourself or any other person. The secret in having an evidence
gain through is that it ‘tells it all’ when it has no internal and external influences. The trusted
evidence is the one that has a clear evidence or indication of uninfluenced aspect. Having a
common ground for each evince is the most important thing (Elyas, Ahmad, Maynard and Lonie,
2015). Influencing an evidence will also reduce the chance for the set of evidence to win and/or
have a strong back up because already there are loop holes in the evidence itself.
It is always important to recognize that having an evidence is one thing and complying to
the factors that requires its presentation is also another thing altogether. You can always make it
a habit to practice presenting the evidence while you are alone before you get to the legal ground.
It is always important to do rehearsals for better presentation purposes that will ensure that you
present, speak out whatever you wanted to do in the first-place and in the right way (Elyas et al.,
2015). The other important factor to keep in mind to comply with the requirements is having the
knowledge at the finger tips. It saves a lot.
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Digital Forensics 4
Bibliography
Baig, Z.A., Szewczyk, P., Valli, C., Rabadia, P., Hannay, P., Chernyshev, M., Johnstone, M.,
Kerai, P., Ibrahim, A., Sansurooah, K. and Syed, N., 2017. Future challenges for
smart cities: Cyber-security and digital forensics. Digital Investigation, 22, pp.3-13.
Elyas, M., Ahmad, A., Maynard, S.B. and Lonie, A., 2015. Digital forensic readiness: Expert
perspectives on a theoretical framework. Computers & Security, 52, pp.70-89.
Kingsbury, A., 2016. Using the criminal law computer misuse provisions to protect confidential
information.
Ramadhani, S., Saragih, Y.M., Rahim, R. and Siahaan, A.P.U., 2017. Post-Genesis Digital
Forensics Investigation. Int. J. Sci. Res. Sci. Technol, 3(6), pp.164-166.
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