Modern Issues in Cyber Forensics and Digital Intelligence: A Critical, Case-Studies-Based Overview in Light of the Announced Legislative Reforms

Abstract

While both international and European law-makers are currently in the process of introducing new laws regulating the fight against cybercrime and the exchange of digital evidence amongst competent authorities, this paper elaborates on a series of investigative challenges deriving from the application of current cybercrime norms in a number of jurisdictions, unveiling a tension between the current legal system and its interpretation by the law enforcement and judicial community. This study analyzes the research undertaken on the legal and regulatory uncertainties observed in the Italian framework, as well as in other European and non-European jurisdictions, by ways of comparative analysis. The main international legal instrument on cybercrime is the Council of Europe’s Convention on Cybercrime (‘Cybercrime Convention’), signed in 2001 and then ratified by almost 60 countries worldwide over the last 17 years. Aimed at raising awareness to national and international policy and law makers, this paper intends to critically demonstrate how the implementation of such a treaty into domestic laws has not always been smooth. It often presents interpretative issues, which add up to the growing difficulties for both law enforcement and judicial bodies to cope with the challenges arising by countering new and innovative forms of criminal activities in the cyberspace.