On the complexity of collaborative cyber crime investigations

This article considers the challenges faced by digital evidence specialists when collaborating with other specialists and agencies in other jurisdictions when investigating cyber crime. The opportunities, operational environment and modus operandi of a cyber criminal are considered, with a view to developing the skills and procedural support that investigators might usefully consider in order to respond more effectively to the investigation of cyber crimes across State boundaries

Case Note: Greece

Court Decision No. 1963/2004. Court of First Instance of Athens

An Overview of the Use of Digital Evidence in International Criminal Courts

This article was developed from a paper originally prepared for the 2013 Salzburg Workshop on Cyber Investigations under the supervision of Professors Laurel E. Fletcher, Chris Hoofnagle, Eric Stover, and Jennifer Urban. Aida Ashouri, Caleb Bowers and Cherrie Warden offer a review of some of the leading international criminal cases involving digital evidence, with a particular focus on the International Criminal Court.Index words: International Criminal Court; digital evidence; authentication; provenance; hearsay; criminal law; evidence; international law; international criminal la

Electronic Evidence and Electronic Signatures

In this updated edition of the well-established practitioner text, Stephen Mason and Daniel Seng have brought together a team of experts in the field to provide an exhaustive treatment of electronic evidence and electronic signatures. This fifth edition continues to follow the tradition in English evidence text books by basing the text on the law of England and Wales, with appropriate citations of relevant case law and legislation from other jurisdictions. Stephen Mason (of the Middle Temple, Barrister) is a leading authority on electronic evidence and electronic signatures, having advised global corporations and governments on these topics. He is also the editor of International Electronic Evidence (British Institute of International and Comparative Law 2008), and he founded the innovative international open access journal Digital Evidence and Electronic Signatures Law Review in 2004. Daniel Seng (Associate Professor, National University of Singapore) is the Director of the Centre for Technology, Robotics, AI and the Law (TRAIL). He teaches and researches information technology law and evidence law. Daniel was previously a partner and head of the technology practice at Messrs Rajah & Tann. He is also an active consultant to the World Intellectual Property Organization, where he has researched, delivered papers and published monographs on copyright exceptions for academic institutions, music copyright in the Asia Pacific and the liability of Internet intermediaries

Reform of the Iraqi Private International Law on Transnational Online Contracting: Lessons from the EU and the USA

Online contracting has witnessed some remarkable developments since the internet became a tool for commerce. Mainly in Iraq, such increased practices of online contracting in the cross-border context have not been accompanied with a parallel development in the law. Against this background, this thesis argues that certain rules found in contracting theory and conflict of laws, especially in the Iraqi law, are not adequate enough to govern the legal obligations and disputes arising out of concluding online contracts on websites. A comparative analysis of the legal systems in three different jurisdictions will be used to consider the issues in this thesis: the EU, the US, and Iraq. The rationale behind choosing the aforementioned jurisdictions was to evaluate how successfully each of these jurisdictions have been in dealing with online contracting cases and disputes. Furthermore, the ultimate goal is to examine the possibility of adopting the harmonised laws of the EU and the courts-based approach of the US in proposing a proper reform of Iraqi law in the context of jurisdiction and applicable law matters. In the EU, although substantial harmonisation of rules has been implemented by the European legislature to ensure an effective application of the rules governing contractual obligations in both offline and online practices, some rules are still questionable in terms of their application to internet activities. In the US, despite the fact that courts have been challenged by an abundant number of online contracting cases, the application of US personal jurisdiction rules and the validity and enforceability of online choice of court and law agreements remain unsettled. In Iraq, the application of certain rules of traditional conflict of laws is outdated and the rules are not fit to govern the disputes arising out of online contracts concluded on websites. This thesis concludes that certain reforms of the law, especially Iraqi law, should be more realistic, feasible and appropriate for governing the online contracting process rather than proposing new specific rules for on-line transactions. More specifically, Iraqi legislature should pay more attention to update the Electronic Signature and Transactions Act (IESTA) to provide more legal certainty for contracts concluded on websites. Furthermore, jurisdiction and applicable law rules laid down in articles 14, 15 and 25 of the Civil Code should be also reformed taking into account the special characteristics of the contracting process over the internet

Electronic Evidence and Electronic Signatures

In this updated edition of the well-established practitioner text, Stephen Mason and Daniel Seng have brought together a team of experts in the field to provide an exhaustive treatment of electronic evidence and electronic signatures. This fifth edition continues to follow the tradition in English evidence text books by basing the text on the law of England and Wales, with appropriate citations of relevant case law and legislation from other jurisdictions. Stephen Mason (of the Middle Temple, Barrister) is a leading authority on electronic evidence and electronic signatures, having advised global corporations and governments on these topics. He is also the editor of International Electronic Evidence, and he founded the innovative international open access journal Digital Evidence and Electronic Signatures Law Review in 2004. Daniel Seng (Associate Professor, National University of Singapore) is the Director of the Centre for Technology, Robotics, AI and the Law (TRAIL). He teaches and researches information technology law and evidence law. Daniel was previously a partner and head of the technology practice at Messrs Rajah & Tann. He is also an active consultant to the World Intellectual Property Organization, where he has researched, delivered papers and published monographs on copyright exceptions for academic institutions, music copyright in the Asia Pacific and the liability of Internet intermediaries