The Importance of the Evidence Collection Process in Cyber Crimes
Evidence collection in cyber crimes is a more complex and specialized process than traditional crimes. The fact that evidence in the digital environment can be easily changed or deleted further increases the importance of this process. Evidence collected in a timely manner and with the right methods is vital for the apprehension and punishment of the criminal.
Types of Evidence Accepted in Court
The types of evidence accepted in court in cyber crimes may vary depending on the country’s legislation and the decisions of the Supreme Court. However, in general, the following types of evidence are frequently used:
• Electronic Trace Processes:
o Computer records (log files, e-mail traffic, internet history)
o Network traffic analyses
o Device identification numbers (IMEI, MAC address)
o IP addresses
o Geographical location information
o Social media activities
• Physical Evidence:
o Hardware such as computers, mobile devices, storage devices
o Software licenses
o Data backups
o Paper documents (contracts, invoices)
• Witness Statements:
o Statements of victims and witnesses
o Expert opinions (computer engineers, cyber security experts)
What Should Be Considered During the Evidence Collection Process?
• Timely Intervention: In order to minimize the risk of evidence being lost or damaged, evidence collection processes should be started as soon as possible.
• Protection of the Evidence Chain: During the evidence collection, storage and presentation process, the evidence chain should not be broken and no changes should be made to the evidence.
• Expert Support: Collecting evidence in cybercrimes is a job that requires expertise. Therefore, support should be sought from experts in the field, such as computer engineers and cyber security experts.
• Compliance with Legislation: Evidence collection procedures must be carried out in accordance with the relevant legislation. Particular care should be taken regarding the protection of personal data.
• Documentation: All evidence collection procedures must be documented in detail. This documentation is of great importance in terms of ensuring the reliability of evidence in court.
