13 July 2013

Goa, once known as Golden Goa or the Rome of the East for its beauty and grandeur is regularly in the news these days on account of weakening law and order, drugs, prostitution and related crimes, rising levels of corruption and environmental degradation. Those days are gone when Goa used to attract multitudinous, peaceful and cosmopolitan visitors from all over the world.  In recent times, it has attracted many illegal immigrants from various parts of the world disturbing the overall serenity and eco-system of the land. The number of drug peddlers, thieves, burglars and murderers are increasing day by day.  As a result, Goa’s image has taken a huge beating on many fronts including the investment climate.

But what is not talked about is that many of the crimes these days misuse digital technology. These include computer-based crime, computer-facilitated crime, mobile phone-facilitated crime, telecommunication fraud, credit fraud et al. To prevent such crimes, digital forensics is gaining momentum and importance to supplement the investigation process. Based on sources, there are mainly four types of investigation normally performed by digital forensics specialists.

First is criminal forensics. This is the largest form of digital forensics falling under the remit of law enforcement. Criminal forensics is usually part of a wider investigation conducted by law enforcement and other specialists with reports being intended to facilitate investigation and, ultimately, to be entered as expert evidence before courts. The main focus is on forensically sound data extraction and production of report/evidence in simple terms that a layman can understand.

The second type of investigation is intelligence gathering. This type of investigation is often associated with crime, but in relation to providing intelligence to help track, stop or identify criminal activity. Unless the evidence is later to be used in court, forensic soundness is less of a concern in this form of investigation; instead speed is the primary requirement.

The third type is known as electronic discovery (e-Discovery). It is somewhat similar to criminal forensics but in relation to civil law. Although functionally identical to its criminal counterpart, e-Discovery has specific legal limitations and restrictions, usually in relation to the scope of any investigation. Privacy laws (for example, the right of employees not to have personal conversation intercepted) and human rights legislation often affect electronic discovery. 

Finally, the fourth type is intrusion investigation. This form of investigation is different from the previous three. The first three are broadly similar in the activities they involve, but differ in terms of the legal restrictions and guidelines imposed as well as the type of digital evidence and form of report. Intrusion investigation is instigated as a response to a network intrusion, for example a hacker trying to steal corporate secrets. The investigation focuses on identifying the entry point for such attacks, the scope of access and mitigating the hacker’s activities. Intrusion investigation often occurs “live” (ie in real time) and leans heavily on the discipline of network forensics. 

In recent times, incidents of computer and telecommunication facilitated crime have increased dramatically all over India. However, because of the nature of this crime, there have been very few prosecutions and even fewer convictions. The new technology that has allowed for the advancement and automation of many business processes, has also opened the door to many new forms of digital abuse. Although some of these system attacks merely use contemporary methods to commit crimes, others involve the use of completely new forms of criminal activity that has evolved along with the technology.

Given the rising concerns on crime rate in Goa which is badly affecting its social institutions, advantages and favourable eco-system, the government should focus on capacity building in the area of digital forensics. This can be best tackled by launching a mass-scale awareness programme followed by training and development of investigating officers. In addition, all the districts of Goa should have forensic labs with world-class equipment and facilities. To supplement the process, some educational leading institutes should actively consider establishing a separate department for digital forensics with a state-of-the-art forensics lab and study curriculum.

Faculty should be trained to deal with myriad technological and legal issues that affect systems and users, including issues dealing with investigations and enforcement. Proposed departments should necessarily be equipped to cater to the training needs of fresh entrants as well as mid-career professionals looking for a skill up-gradation from time to time. It should help impart hands-on exposure to investigators in the technologies used for digital investigations and also assist government in investigation of cases involving forensic examination of digital records when called upon to do so. 

Advancements in the field of digital forensics are expected to continue increasing in the foreseeable future. The ability of criminals and terrorists to maximize the opportunities offered by new technology is constantly evolving. Therefore, it is high time for government and academic institutions in Goa to take some bold steps and make aggressive investments in this area to help the overall system to track the crime and criminals for speedy investigations and expedited judicial process. 

The writer  is founder, CEO, GnS Advisory Services and  was formerly with NASSCOM