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Digital Forensics &
Justice in court
Understanding Digital crime
Whoami?
ā– Kharim Mchatta
ā– CEO of HACK IT CONSULTANCY
ā–Author of 4 Cybersecurity books
ā– Cybersecurity professional (Pen tester & Digital Forensics expert)
ā– Founder of H4K-IT (Cybersec community in TZ)
ā– CTF player
ā– Blogger
ā– Author at eForensics and Pentets Magazine in Poland
ā– DW Swahili Subject matter expert (cybersecurity)
ROAD MAP OF TODAYS DISCUSSION
Discussion around
- digital economy
- Effects of digital economy
Discussion around digital forensics
- Types of digital forensics
- Digital forensics experts
Discussion on cybercrime
- Types of cybercrime
- Cybercrime inTanzania
Discussion around laws
- International vs Local laws
- Advocate vs Digital Forensics Expert
DIGITAL
ECONOMY
USA
CHINA
JAPAN
GERMANY
UK
Largest Digital Economy Countries Worldwide
AFRICA DIGITAL ECONOMY
Majority of African countries are heading into the digital
economy while some of them are already in there. Some
African countries that are well known for their digital
economy include the following
Nigeria
Kenya
S. Africa
Tanzania in Digital Economy
Tanzania is heading into the digital economy.This means
that majority of the activities are being moved over to the
internet.
Here are some of the activities that are done online currently
includes
āž¢ National ID Number
āž¢ TRA (Filing returns)
āž¢ BRELA Registration
āž¢ Workers Compensation Funds (WCF)
āž¢ NHIF
Problems of Digital Economy
Tanzania being in the digital economy means majority of our
information can be found and accessed over the internet.
This comes with its draw backs and the major one is
cybercrime which affects the lives of people in variety of ways.
Example
āž¢ Privacy of the people can be compromised
āž¢ Information can be leaked
āž¢ System being hacked
āž¢ System being inaccessible due to denial of services (DOS)
āž¢ Financial Loss
āž¢ Reputational Loss
Problems of Digital Economy
Cybercrime inTanzania is constantly increasing as more entities keep
on digitalizing their operations.This means that there are going to
be more cybercrime cases faced in the court.
The problem that we are facing as a country currently is that most of
the advocates and lawyers havenā€™t got the opportunity to explore and
understand about the digital crime since itā€™s a new concept.
Hence it is important to have advocates and lawyers who are knowledgeable
on issueā€™s relating to digital crime.This can be achieved through training.
Tanzania Digital Crime Ruling
What is cybercrime?
The first reported cybercrime took place in 1834 where the French
telegram system was hacked by a couple of robbers where they stole
information from the stoke market making it the first cybercrime in the
world. This led to the rise of more cybercrime activities which involved
viruses and network hacks.
History of Cybercrime
These are all the crimes that are conducted by means of computer or
over the internet.
There are several cybercrime that are being conducted and some of
them include;
Types of Cybercrime
Financial Fraud Theft of intellectual
property
Damage of company
service network
Systems being
hacked
Other Cybercrimeā€™s
Tanzania as a country in the digital era faces plenty of cyber attacks. On
21st July 2020, IPPmedia reported that TCRA has called on all
Information and Communication Technology (ICT) experts in the
country to be wary of cyber-attacks due to 10 - 15 companies had
been hacked.
Cybercrime in Tanzania
The most common cybercrime activities happening in Tanzania include
the following;
āž¢ System hacking
āž¢ Financial fraud
āž¢ Social Engineering
āž¢ Cyberbullying
āž¢ Intellectual property theft
The rise of cybercrime in the world had to be addressed. This led to the
need of having a way on which these crime had to be addressed by law
enforcers.This Led to a rise of digital forensics.
Cybercrime & Digital Forensics
It is the process of collecting, analyzing, preserving and documenting of
digital evidence and presenting them in court of law for prosecution.
What is digital forensics
When it comes to digital forensics this refers to acquiring of evidence
from any electronic device. Here are some of the common types of
digital forensics
digital forensics Investigation
ā– Computer forensics
ā– Mobile forensics
ā– Email forensics
ā– Network forensics
ā– Hacking
ā– Malware forensics
ā– Wireless forensics
ā– Database forensics
Purpose of Digital Forensics
Render Justice in Court (Back Story)
Render Justice in Court (Technicals)
Render Justice in Court (Evidence Seizure)
When a cybercrime has occurred, there are 3 technical people who are
going to be responsible for handling the case and these individual's have
different roles to play when it comeā€™s to digital forensics and each role
should be well understood by everybody.
āž¢ First responder
āž¢ Computer forensics analyst
āž¢ Expert witness
In court the expert witness is going to be responsible to answer all the
questions in court of how the investigation was conducted and whether
the procedures were followed.
Digital Forensics Expert
In digital forensics there are a set of stages that an expert must go
through in order until they present the evidence in the court of law
and these stages include:
Stage/Phases of Digital Forensics
āž¢ Authority
āž¢ Planning
āž¢ Evidence identification
āž¢ Evidence collection
āž¢ Chain of custody
āž¢ Analysis
āž¢ Report writing
āž¢ Expert witness
Best Practice in Digital Forensics (Kenya National Forensics Lab)
Law and Investigators
Laws in digital forensics are there to govern digital forensics expert on
what is or is not allowed to do when doing an investigation.
There is no single law that governs digital forensics but a nexus of them
which needs to be put into consideration. There are situations where a
digital forensics expert may be carry out an investigation and later it is
considered a criminal offense.
Here are some of the International Laws that govern digital forensics
āž¢ Human rights act of 1998 ā€“ every person has their basic rights.
āž¢ Data protection right
āž¢ Interception of communication
āž¢ Computer misuse act 1990
āž¢ Police and criminal evidence act 1984 ā€“ this act is for law enforcers
which covers power to search a person and property, power to
detain and arrest people, questioning of suspects, access and copying.
Law and Investigators (Breach of International Laws)
Law and Investigators
Here are some of the local Laws that govern digital forensics which can
be found on the cybercrime act 2015 part IV search and seizure
āž¢ Search and seizure
āž¢ Disclosure of data
āž¢ Expedited preservation
āž¢ Disclosure and collection of traffic data
āž¢ Disclosure and collection of content data
āž¢ Court order
āž¢ Use of forensic tools
āž¢ Hearing of application
In Court Advocate vs Expert Witness (Digital Forensics Expert)
Food for Though (Discussion)
We have discussed about Tanzania heading into the digital economy but
there are some questions we should be asking ourselves
1. Is Tanzania well prepared for the effects of being in the digital economy
2. Do we have experts who can help us combat the effects of digital economy
3. Do law enforcers understand about the effects of digital economy
4. Is the laws in place satisfying the ways to combat effects of cybercrime (are
there loopholes on the current laws)
5. What is our way forward
This intellectual property belongs to HACK IT Consultancy a
cybersecurity company located in Dar es salaam,Tanzania.
Author: Kharim Mchatta
Contact: +255 735 212 145
Email: info@hackitconsultacy.com
Website: www.h4k-it.com
LinkedIn: hack it consultancy Instagram: @hackitconsultancy

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Cybersecurity and Digital Forensics | 2022

  • 1. Digital Forensics & Justice in court Understanding Digital crime
  • 2. Whoami? ā– Kharim Mchatta ā– CEO of HACK IT CONSULTANCY ā–Author of 4 Cybersecurity books ā– Cybersecurity professional (Pen tester & Digital Forensics expert) ā– Founder of H4K-IT (Cybersec community in TZ) ā– CTF player ā– Blogger ā– Author at eForensics and Pentets Magazine in Poland ā– DW Swahili Subject matter expert (cybersecurity)
  • 3. ROAD MAP OF TODAYS DISCUSSION Discussion around - digital economy - Effects of digital economy Discussion around digital forensics - Types of digital forensics - Digital forensics experts Discussion on cybercrime - Types of cybercrime - Cybercrime inTanzania Discussion around laws - International vs Local laws - Advocate vs Digital Forensics Expert
  • 5. AFRICA DIGITAL ECONOMY Majority of African countries are heading into the digital economy while some of them are already in there. Some African countries that are well known for their digital economy include the following Nigeria Kenya S. Africa
  • 6. Tanzania in Digital Economy Tanzania is heading into the digital economy.This means that majority of the activities are being moved over to the internet. Here are some of the activities that are done online currently includes āž¢ National ID Number āž¢ TRA (Filing returns) āž¢ BRELA Registration āž¢ Workers Compensation Funds (WCF) āž¢ NHIF
  • 7. Problems of Digital Economy Tanzania being in the digital economy means majority of our information can be found and accessed over the internet. This comes with its draw backs and the major one is cybercrime which affects the lives of people in variety of ways. Example āž¢ Privacy of the people can be compromised āž¢ Information can be leaked āž¢ System being hacked āž¢ System being inaccessible due to denial of services (DOS) āž¢ Financial Loss āž¢ Reputational Loss
  • 9. Cybercrime inTanzania is constantly increasing as more entities keep on digitalizing their operations.This means that there are going to be more cybercrime cases faced in the court. The problem that we are facing as a country currently is that most of the advocates and lawyers havenā€™t got the opportunity to explore and understand about the digital crime since itā€™s a new concept. Hence it is important to have advocates and lawyers who are knowledgeable on issueā€™s relating to digital crime.This can be achieved through training. Tanzania Digital Crime Ruling
  • 10. What is cybercrime? The first reported cybercrime took place in 1834 where the French telegram system was hacked by a couple of robbers where they stole information from the stoke market making it the first cybercrime in the world. This led to the rise of more cybercrime activities which involved viruses and network hacks. History of Cybercrime These are all the crimes that are conducted by means of computer or over the internet.
  • 11. There are several cybercrime that are being conducted and some of them include; Types of Cybercrime Financial Fraud Theft of intellectual property Damage of company service network Systems being hacked Other Cybercrimeā€™s
  • 12. Tanzania as a country in the digital era faces plenty of cyber attacks. On 21st July 2020, IPPmedia reported that TCRA has called on all Information and Communication Technology (ICT) experts in the country to be wary of cyber-attacks due to 10 - 15 companies had been hacked. Cybercrime in Tanzania The most common cybercrime activities happening in Tanzania include the following; āž¢ System hacking āž¢ Financial fraud āž¢ Social Engineering āž¢ Cyberbullying āž¢ Intellectual property theft
  • 13. The rise of cybercrime in the world had to be addressed. This led to the need of having a way on which these crime had to be addressed by law enforcers.This Led to a rise of digital forensics. Cybercrime & Digital Forensics It is the process of collecting, analyzing, preserving and documenting of digital evidence and presenting them in court of law for prosecution. What is digital forensics
  • 14. When it comes to digital forensics this refers to acquiring of evidence from any electronic device. Here are some of the common types of digital forensics digital forensics Investigation ā– Computer forensics ā– Mobile forensics ā– Email forensics ā– Network forensics ā– Hacking ā– Malware forensics ā– Wireless forensics ā– Database forensics
  • 15. Purpose of Digital Forensics
  • 16. Render Justice in Court (Back Story)
  • 17. Render Justice in Court (Technicals)
  • 18. Render Justice in Court (Evidence Seizure)
  • 19. When a cybercrime has occurred, there are 3 technical people who are going to be responsible for handling the case and these individual's have different roles to play when it comeā€™s to digital forensics and each role should be well understood by everybody. āž¢ First responder āž¢ Computer forensics analyst āž¢ Expert witness In court the expert witness is going to be responsible to answer all the questions in court of how the investigation was conducted and whether the procedures were followed. Digital Forensics Expert
  • 20. In digital forensics there are a set of stages that an expert must go through in order until they present the evidence in the court of law and these stages include: Stage/Phases of Digital Forensics āž¢ Authority āž¢ Planning āž¢ Evidence identification āž¢ Evidence collection āž¢ Chain of custody āž¢ Analysis āž¢ Report writing āž¢ Expert witness
  • 21. Best Practice in Digital Forensics (Kenya National Forensics Lab)
  • 22. Law and Investigators Laws in digital forensics are there to govern digital forensics expert on what is or is not allowed to do when doing an investigation. There is no single law that governs digital forensics but a nexus of them which needs to be put into consideration. There are situations where a digital forensics expert may be carry out an investigation and later it is considered a criminal offense. Here are some of the International Laws that govern digital forensics āž¢ Human rights act of 1998 ā€“ every person has their basic rights. āž¢ Data protection right āž¢ Interception of communication āž¢ Computer misuse act 1990 āž¢ Police and criminal evidence act 1984 ā€“ this act is for law enforcers which covers power to search a person and property, power to detain and arrest people, questioning of suspects, access and copying.
  • 23. Law and Investigators (Breach of International Laws)
  • 24. Law and Investigators Here are some of the local Laws that govern digital forensics which can be found on the cybercrime act 2015 part IV search and seizure āž¢ Search and seizure āž¢ Disclosure of data āž¢ Expedited preservation āž¢ Disclosure and collection of traffic data āž¢ Disclosure and collection of content data āž¢ Court order āž¢ Use of forensic tools āž¢ Hearing of application
  • 25. In Court Advocate vs Expert Witness (Digital Forensics Expert)
  • 26. Food for Though (Discussion) We have discussed about Tanzania heading into the digital economy but there are some questions we should be asking ourselves 1. Is Tanzania well prepared for the effects of being in the digital economy 2. Do we have experts who can help us combat the effects of digital economy 3. Do law enforcers understand about the effects of digital economy 4. Is the laws in place satisfying the ways to combat effects of cybercrime (are there loopholes on the current laws) 5. What is our way forward
  • 27. This intellectual property belongs to HACK IT Consultancy a cybersecurity company located in Dar es salaam,Tanzania. Author: Kharim Mchatta Contact: +255 735 212 145 Email: info@hackitconsultacy.com Website: www.h4k-it.com LinkedIn: hack it consultancy Instagram: @hackitconsultancy