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Chapter 12

This document discusses cybercrime and digital investigation. It defines cybercrime as any crime committed through cyberspace using computers or digital devices. Digital investigation is the process of examining digital devices to uncover evidence for criminal prosecution. There are different types of court warrants that can be issued for search, seizure, and examination of computer data and digital devices. Law enforcement must comply with warrant procedures and properly file returns, or they could face contempt of court or obstruction of justice charges.

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64 views

Chapter 12

This document discusses cybercrime and digital investigation. It defines cybercrime as any crime committed through cyberspace using computers or digital devices. Digital investigation is the process of examining digital devices to uncover evidence for criminal prosecution. There are different types of court warrants that can be issued for search, seizure, and examination of computer data and digital devices. Law enforcement must comply with warrant procedures and properly file returns, or they could face contempt of court or obstruction of justice charges.

Uploaded by

Mut4nt TV
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 12

BASICS IN DIGITAL INVESTIGATION

Chapter 12
Lesson 1: Cybercrime

Lesson Objectives:

1. Discuss the scope and nature of cybercrime;


2. Enumerate basic terms related to cybercrime; and
3. Enumerate the crime considered as cybercrime.
Cyberspace
Cybercrime Refers to communications made
through digital devices in the virtual
environment.

Is a terminology that refers to all crimes committed through


cyberspace done with the aid of a computer or any digital
devices capable of sending, receiving, transmitting, recording or
Virtual
storing computer Environment
data.

The communication is not done physically but rather with


the aid of digital technology
Digital Technology

Refer to any devices such as but not limited to computers,


cellphones, smartphones and other devices that can send,
receive, transmit, record or store computer data.

Computer Data may refer to anything stored


in the memory of the computer software
Computer

Is a device that can perform various functions depending upon the


instruction that can be performed by the given software and
hardware embodied therein.

Computer is a general term referring to all


Is legally defined as an electronic,
digital magnetic,
devices that has optical,
data processing
electrochemical, or other data processing or communications
capability.
device, or grouping od such devices, capable of performing
logical, arithmetic, routing, or storage functions.
Digital Investigation

Is defined as the process undertaken by the forensic computer


investigator and forensic computer examiner to uncover the
elements of the offense committed which are directly or
indirectly contained in the digital devices and which are
necessary for the prosecution of criminal cases.
Digital Device

Is a generic term referring to all devices capable of performing


multiple functions such as storing, sending, and receiving
electronic data

Electronic Data – means as any data or information stored


through electronic means.
Forensic Computer Investigator

Is the one in charge with the search an seizure of digital devices


suspected to contain the fruit of the crime an the filing of criminal
charges and will assist the prosecutor in the prosecution of cases.

FORENSIC COMPUTER EXAMINER – is the one responsible for


the actual examination and recovering of the electronic data
contained in various devices and preserve it for court presentation.
Lesson 2: Court Warrant

Lesson Objectives:

1. Discuss cyber warrant;


2. Differentiate search warrant and cyber warrant; and
3. Discuss the application of various forms of cyber warrant.
Effectively of all warrants
shall not exceed 10 days
Court Warrant; from the date of its
issuance

Refers to an order in writing issued in theExtension


name offorthe People
a period of of
the Philippines, signed by the judge, upon not application
exceeding 10of law
days
enforcement authorities to:from expiration

Issue an order requiring any person or service provider to


disclose or submit subscriber’s information, traffic data or
relevant data inListen,
his/herrecord,
possession or control
monitor (Warrantthe
or surveillance to content of
DiscloseSearch
communicationsof Computer
(Warrant Data)
a particular place, seizeofand
to Interception examine
Computer computer data
Data)
and all other items related thereto (Warrant to Search,
Obtain
Seized and computer data from Data);
Examine Computer computer
anddevice or computer
system if they are possessed by virtue of a lawful
warrantless arrest (Warrant to Examine Computer Data)
Liabilities Related to Cyber Warrant
 Contempt – all law enforcement authorities who fails to timely file the
returns of the issued warrant or to duly turn over to court’s custody any
of the items disclosed, intercepted, search, seized, and/or examine as
prescribed shall be subjected for contempt.

 Obstruction of Justice – any person or service providers who fails to


comply with the order from law enforcement authorities shall be held
liable for obstruction of justice as defined under Presidential Decree
1829.
End of
Chapter 12

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