Author(s): Liljana Selinšek
Journal: LeXonomica : Journal of Law and Economics
ISSN 1855-7147
Volume: I;
Issue: 1;
Start page: 51;
Date: 2009;
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Keywords: Digital forensics | criminal proceeding | electronic evidences | law and economics | costs of digital forensic methods
ABSTRACT
The author is trying to connect the field of law and economics with the usage of digital forensic methods that are increasingly important evidence means in modern information society for proving of different criminal offences’ elements as well as other important facts in legal proceedings. The basis of the article is the (hypo)thesis that digital forensic methods are proper evidence means only in cases where expected benefit from evidences collected with this methods is higher than the costs of digital forensic investigation. The author is pointing out also the fact that economic views of digital forensics are of complex nature because they interfere with the battle between commercial and open source tools for digital forensic investigations where many interests collide: those of technological companies that develop forensic software, of police, jurisdiction and consumers.
Journal: LeXonomica : Journal of Law and Economics
ISSN 1855-7147
Volume: I;
Issue: 1;
Start page: 51;
Date: 2009;
VIEW PDF
DOWNLOAD PDF Original pageKeywords: Digital forensics | criminal proceeding | electronic evidences | law and economics | costs of digital forensic methods
ABSTRACT
The author is trying to connect the field of law and economics with the usage of digital forensic methods that are increasingly important evidence means in modern information society for proving of different criminal offences’ elements as well as other important facts in legal proceedings. The basis of the article is the (hypo)thesis that digital forensic methods are proper evidence means only in cases where expected benefit from evidences collected with this methods is higher than the costs of digital forensic investigation. The author is pointing out also the fact that economic views of digital forensics are of complex nature because they interfere with the battle between commercial and open source tools for digital forensic investigations where many interests collide: those of technological companies that develop forensic software, of police, jurisdiction and consumers.
