This thesis therefore presents an examination of the virtual crime or cybercrime investigative challenges and legal issues surrounding electronic evidence in Ghana. CFAA Fraud and Abuse Act. CIPRO) Companies and Intellectual Property Registration Office CFRF Cloud Forensic Readiness Framework.
INTRODUCTION
Criminals now operate from any part of the world without the restrictions of territorial borders on the Internet. The word "cybercrime" is on the lips of almost everyone who is involved in the use of computers and the Internet, whether individual, corporate, organizational, national, multinational or international.
RATIONALE OF THE STUDY
These crimes remain widespread due to inadequate laws for cybercrime investigations and collection of electronic evidence for the prosecution of cybercriminals. The Cybercrime Unit of the Ghana Police Service (2020) states that in 2019 Ghana lost $9.8 million to cyber criminals against $105 million in 2018 and of the amount, $6.8 million was lost through fraud, $2.7 was lost to hacking and theft and the rest rape and child pornography (ghanaweb, 2020).
PROBLEM STATEMENT
There are also cases of the internet being used to harm competing businesses according to the police (Obuobisa, 2019). The limitations of the acts intended to deal with cyber activities are the Achilles heel in dealing with cybercrimes, as is the lack of full competence of legal systems to understand the environment of the cybercrime.
AIMS AND PURPOSE OF THE RESEARCH
RESEARCH OBJECTIVES
Bryman and Bell (2015:10) indicate that a research question addresses an unambiguous announcement of what the researcher needs to know. Bryman (2012:9) claimed that the research question provides an explicit statement of what the researcher wants to know about.
PHILOSOPHICAL WORLDVIEW OFFERED IN THIS STUDY
PHENOMENOLOGISTS, INTERPRETIVISTS AND CONSTRUCTIONIST .1 Anti-positivist worldview .1 Anti-positivist worldview
- Interpretivist
- Constructionist view
- Pragmatic worldview
Thanh and Thanh (2015: 24) argue that the interpretive paradigm allows researchers to view the world through the participants' perceptions and experiences. Since the researcher views the world through the perceptions and experiences of the participants and in seeking answers to the research questions, this worldview is appropriate for this research and also allows the researcher to use those experiences to construct and build his understanding. to be interpreted based on the data collected through interviews and observations.
RESEARCH APPROACH AND DESIGN .1 Qualitative Research Approach .1 Qualitative Research Approach
Research Design
The research design is where the researcher defines the scope of the research, the boundaries and the content of the data being investigated. Babbie and Mouton (2012:74) agree with Lune et al (2010:76) and indicate that a research design is a plan or a blueprint of how the researcher intends to carry out the research, the research design focuses on the end product, the type of study planned, and the results aimed at.
METHODOLOGICAL FRAMEWORK OF THE STUDY
Research Methods (Data Collection)
In this study, legal methodology (Vibhute and Aynalem, 2009) is used to distinguish law and legal phenomena from cybercrime investigations. In this respect, the criminal justice and investigative research methods approach in the legal field has been applied in this study which will be empirical in nature.
Literature Review and Document Analysis
Badenhorst (2014:43) advises that a literature review is not the summary of what is found in the literature, but it is the representation of the literature with evidence drawn from articles and books to give strength to the claims being made. The researcher has collected and summarized the relevant literature, which is discussed in the relevant chapters of the study, listed in the reference list.
RESEARCH PARADIGM
Comparative Paradigm
The comparative legal research methodology was used in this study, focusing on selected national jurisdictions and international frameworks for investigating cybercrime. An important consideration highlighted by Fombad is that comparative legal research is a key to any research aimed at drafting harmonized laws or drafting international conventions and agreements.
Critical Paradigm
34;is so crucial to legal research" and it defies logic why it is not part of the legal research studies design of an African university. Fombad argues that all legal research directly or indirectly involves some degree of comparison and it is indispensable that legal studies or legal research use certain principles and methodologies of comparative law.
Interpretive and Descriptive Paradigm
Therefore, critical discourse analysis (Asghar) is used in this study to allow the analytical and critical nature of the study and also to reveal and challenge the ineffectiveness of dealing with cybercrime in Ghana.
RESEARCH DEMARCATION AND LIMITATIONS
Leedy and Ormrod (2014:43) share the same sentiments as Denscombe (2010:69) when they indicate that what the researcher does not intend to do is stated in the delimitations. The following is the demarcation of this thesis:. a) The Ghana criminal justice system consists of many pieces of legislation dealing with specific areas of criminal activity, some mutually exclusive and others mutually interdependent.
VALIDITY AND RELIABILITY
Cohen, Manion, and Morrison describe bias as a "systematic or persistent tendency to err in the same direction, that is, to overestimate or underestimate the true value of a property." In this study, self-reflection created an open and honest story and should resonate well with readers. Therefore, the researcher indicated that he had undergone cybercrime training at the E-crime Bureau and Ghana Police Forces and also at his investigative interactions and criminal justice conferences that he attended with academic professors, professional investigative experts, cybercrime lawyers, cybercrime police officers in the United States. , Australia, the United Kingdom and South Africa, where he gained first-hand information on the cybersecurity regulatory and institutional framework in the country under study.
VALUE OF THE RESEARCH
Cohen, Manion, and Morrison describe bias as a "systematic or persistent tendency to make errors in the same direction, that is, to overestimate or underestimate the true value of a trait." This research will therefore depict the benefits and problems associated with technology and enable the industry to become more competitive by formulating policies to streamline its operational security.
CLARIFICATION OF KEY TERMS AND CONCEPTS
- Virtual Crime
- Criminal Investigation
- Computer Forensic
- Digital Evidence
- Digital Crime Scene
- Admissibility
33 . c) Financial Institutions – the new millennium has brought with it a new financial landscape, one filled with emerging technology, new applications and opportunities that have led to changes in customer lifestyles and demands that have led to a new anytime, anywhere attitude vis-a-vis banking and financial services. The following are the concepts and definitions that form part of this research and discussions;
ETHICAL REVIEW
This chapter focuses on the discussions on the introduction, research rationale, purpose, scope and objectives of the research. Also, this chapter focuses on virtual crime scenes, photographs, videography, and investigative models of the countries under study.
INTRODUCTION
According to the United Nations Office on Drugs and Crime (UNODC), by 2020 Internet tools have been integrated into traffickers' business models at all stages of the process. The interconnected network has become part of the globalization process, displacing previous realities and certainties, creating new opportunities and difficulties associated with living in a 'shrinking' world.
DEFINING VIRTUAL CRIMES, INTERNET VULNERABILITIES AND CRIMINAL ACTIVITIES ACTIVITIES
To understand the meaning of virtual crime clearly, we should first understand the meaning of the term crime and then the meaning of virtual crime. Virtual crime or cybercrime is necessary to delineate the outer boundaries of the objects of study and to distinguish it from other or real crime and offensive information operations.
CLASSIFICATION OF VIRTUAL CRIMINAL ACTIVITIES
A decade or so since the Internet first appeared in the popular consciousness, the intervening years have been filled with fears about its 'darker' criminal dimensions. Thus, the development of the Internet and related communication technologies appears to present a series of new challenges to individual and collective security, social order and stability, economic prosperity, and political freedom.
VIRTUAL CRIMES AGAINST PERSONS
- Ghana Legal Response
- United States of America (USA) Legal Response
- United Kingdom (UK) Legal Response
- Australia Legal Response
- South African Legal Response
- Comparative and Legal Analysis
The Supreme Court affirmed defendant's conviction on one count of solicitation of child pornography under 18 U.S.C. A self-regulated notification and removal system has also been developed to effectively remove child sexual abuse content as part of the operation of the National Hotline - IWF.
VIRTUAL CRIMES AGAINST PROPERTY
- Ghana Legal Response
- USA Legal response
- United Kingdom (UK) Legal Response
- South African Legal Response
- Comparative and Legal Analysis
Also, the Police Intellectual Property Crime Unit (PIPCU) is a department of the City of London Police, the main national fraud force. It was established in 2013 with a responsibility to investigate and prevent serious and organized intellectual property crime in the UK.
VIRTUAL CRIMES AGAINST THE GOVERNMENT
- Ghana Legal Response
- U.S. A Legal Response
- United Kingdom (UK) Legal Response
- Australia Legal Response
- South Africa Legal Response
- Comparative and Legal Analysis
In Ghana, the landmark Cyber Security Act 2020 protects the country's critical information infrastructure, regulates cyber security activities and develops Ghana's cyber security ecosystem. Most notably, after the 9/11 attacks and the enactment of the USA PATRIOT Act of 2001, Congress expressly granted extraterritorial application to CAFA.
MOTIVES AND CAUSES OF VIRTUAL CRIMINALS
73. six months to two years) and the criminalization of denial of service attacks illustrate a tougher stance on cybercrime. According to Ablon, there are differences and differences in motivation between each of the cybercriminals, there is a degree of fluidity between the groups.
CHAPTER SUMMARY
INTRODUCTION
Over the past few years, a new class of crimes committed with the use of computers and their devices has become more widespread. A thorough analysis by a skilled examiner can result in the reconstruction of a computer user's activities.
COMPUTER FORENSICS AND SUB-DISCIPLINE
Cell phone forensic
Call detail records contain information about the numbers that were called from a particular phone, the duration of the call, the date and time of the call, and cell site information for cell phones (Larry & Lars, 2012:18). Mobile location data can provide information about a person's general location and movement based on their mobile phone activity.
Geographical positioning systems (GPS) forensics
The use of such technology has various aspects in the current industry; it is used in cars and mobile phones to help determine directions and locations. In the past decade, the GPS industry has attracted the attention of the criminal justice system and law enforcement agencies as it has become one of the effective means of criminal investigations.
Cloud forensics
- Deployment Models
- Service Models
Audio forensics consists of enhancing and analyzing audio recordings created with any type of digital recording device. After all, this was in the midst of the Watergate investigation and widespread public concern about the veracity of various White House officials.
COMPUTER FORENSIC TOOLS
- iLook
- AccessData Forensic Toolkit (FTK version 7.4)
- ProDiscover Forensic Tool (version 5.5)
- EnCase Forensic Tool (version 6)
Metadata can include information about the recording settings, date and time, manufacturer of the device and its software version. Some of the computer forensic tools that generate reports are Forensic Tool Kits (FTK), EnCase and ProDiscover.
VIRTUAL CRIME SCENE
Crime scene processing consists of an investigation and evaluation of the scene with the express purpose of digital recovery. The ultimate goal of crime scene processing is to collect the evidence and scene context in as pristine a condition as possible.
CLASSIFICATION OF CRIME SCENES
Secondary crime scenes
A secondary crime scene is a place or location where part of the interaction between victim and offender took place, but is not the actual place where the crime took place (Turvey, 2012:291). The secondary crime scene is the location used by the offender for monitoring victims and planning the crime.
PROCESSING THE DIGITAL CRIME SCENE
Casey argues that virtual crime investigations are generally messy and complicated due to the extreme emotions, concealment behavior, and different types of evidence. Given the amount of effort involved, it is generally necessary to have a team working together to preserve all digital evidence related to a violent crime.
VIRTUAL CRIMINAL INVESTIGATION APPROACHES AND CHALLENGES
Response Team (CERT) to address all cyber security related crimes and issues and will also work to stop online fraud (Sakawa) and stop online child abuse in Ghana and report to the Police of Ghana. Since the inception of the Ghana Police Cyber Crimes Unit, there have been remarkable advances aimed at overcoming investigative challenges and keeping abreast of Information and Communication Technology.
VIRTUAL CRIME SCENE PHOTOGRAPH AND VIDEOGRAPHY
Crime Scene Photography and the Investigator
The seriousness of the case can add up in severity. may then end up in court as a murder prosecution. If a particular room or suite number is applied, please add that as well. d) The name of the photographer.
The Value of Crime Scene Photographs and Video recording
VIRTUAL FORENSIC INVESTIGATIONS PROCESS AND MODELS
However, Ciardhu´ain (2013:38) criticizes SCSI and reports that the model is not a systematic digital forensic process model because it only focuses on physical crime scene investigation and lacks description on digital crime scene investigation. An event-based digital forensic investigation framework separates the concepts from the physical crime scene.
VIRTUAL CRIMINAL INVESTIGATIONS PRIORITY AND APPROACHES
- The Ghana Police Cybercrime Unit
- Department of Justice (DOJ) the USA
- National Crime Agency (NCA) in the United Kingdom
- Australia High–Tech Crime Centre ( AHTCC)
- The Electronic Crime Unit of South Africa Police
In many cases, there is a collaborative process of policing cybercrime between law enforcement and members of the community. The sophistication of the attack, the nature of the target and the target significance (Australia High-Tech Crime Centre, 2008).
COMPARATIVE LEGAL ANALYSIS
South Africa's electronic crime unit of the South African Police (SAP) is mandated to investigate all electronic crimes and conduct all digital forensic processes when cybercrime is reported. South Africa is rated among the countries showing the highest incidences of cybercrime in the world (Von Solms, 2015).
CHAPTER SUMMARY
Given this, there is a need for a consensus investigative approach guide for Cyber Crime Units from investigative agencies such as the FBI, Europol and Interpol and M15, which will identify the objectives, goals, resources and investigative priorities between the Crime Units Worldwide cyber worldwide. Some experience is required to use these tools, and the type of tool used ultimately depends on the software capabilities and operating systems of the computer or electronic device being tested.
INTRODUCTION
According to Basdeo et al, information technology does not require physical proximity between the victim and the offender for the commission of the crime. Cybercriminals can connect to information technology systems such as the Internet from virtually anywhere in the world Basdeo, et al.
THE CONCEPT OF SEARCH IN DIGITAL CRIMINAL INVESTIGATION
Therefore, law enforcement personnel involved in the crime scene search must ensure proper and effective collection of evidence at the scene. The conviction was overturned based on the same issues raised in Mincey and Arizona.
METHODS OF CRIME SCENE SEARCH
- The Strip Method
- The Grid Methods
- The zone search
- The wheel method
- The Spiral method
- The line method
Swanson et al (2019:80) further emphasize that the grid search is a variation of the strip or line search pattern or method, and is shown in Figure 4.2. The only critical consideration in a circle search is managing the pace of the search.
DEFINING THE TERM “SEARCH WARRANT”
Contents of the Search Warrant
According to Ferdico et al, search warrants vary by jurisdiction or country, most search warrants contain the following information:. a) The signature of the court or division of the court from which the order was issued. A statement of the time of day at which the search may take place. i) The signature of the issuing magistrate together with a statement of the official title of the magistrate.
Who May Issue Search Warrant
He must be neutral and detached, and he must be able to determine whether there is probable cause for the requested arrest or search (Shadwick v.
Probable Cause for Issuance of Warrant
All information on which probable cause is based must be recorded in the affidavit. The affidavit must state the underlying facts and circumstances upon which the probable cause is based.
THE SEARCH WARRANTS
- The Scope of Search Warrants
- Subject of the Search Warrant
- Searching and Seizing Hardware and Software as Evidence
- Multiple Affidavits
- Anticipatory Search Warrants
Carmen states that the scope and manner of the investigation must be reasonable in relation to the subject matter of the investigation. The affidavit supporting the request for a search warrant must contain a specific description of the items to be seized.
EXECUTION OF THE SEARCH WARRANT
Who May accompany the officers executing the Search?
Only the said officer or a member of the said class of officers may execute or serve the warrant. the Supreme Court decision held that Fourth Amendment protections against illegal searches and seizures prohibited police from bringing members of the news media into private homes while executing search warrants.
The Time Allowed for a Search
For example, suppose the police go to an apartment to search for a shotgun allegedly used in a murder. After recovering the shotgun, police continue to search for other evidence related to the murder.
SEARCHING AND SEIZING WITHOUT WARRANT
Searches Incident to Lawful Arrest and Exception
The Court has repeatedly held that such searches may be conducted without a warrant and on less than probable grounds. The Court added that the supervision of probationers is a "special need" of the state that warrants a departure from the usual warrant and probable cause requirements.
Consent Search
A landlord does not have the implied authority to consent to a search of a tenant's premises. Finally, consent to search may be revoked "before the time the search is completed" (United States v.
Application of Boarder Searches Doctrine
According to Sady, the plain view doctrine is a legal concept derived from three important decisions, Coolidge v. Because the agent properly searched for evidence of the murder in the graphic files, the child pornography was properly seized and then admitted under the plain view doctrine.
- Ghana Legal response to searching and seizing digital evidence
- United States(US) Legal responses to searching and seizing digital evidence The fourth amendment does not prohibit all searches and seizures, only those that are
- United Kingdom Legal responses to searching and seizing digital evidence The Police and Criminal Evidence Act 1984 is an Act of Parliament which instituted a
- Australia Legal responses to searching and seizing digital evidence
- South African Legal responses to searching and seizing virtual evidence South Africa is a democratic state based on the values of the supremacy of its Constitution
The Criminal Procedure and Evidence Act (31) was enacted after the formation of the Union of South Africa in 1910. Section 81(1) of the Electronic Communications and Transactions Act sets out the general powers68 of cyber inspectors Section 80(4) of the Electronic Communications and Transactions Act.
COMPARATIVE LEGAL ANALYSIS
For example, an Oklahoma court has held that the purpose of a warrant is to enable neutrality. In the United States, the protection of property interests has been adopted by the United States as the basis of the Fourth Amendment.
CHAPTER SUMMARY