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KICJ Research Reports

Countermeasures against Cybercrime in Cloud Computing Environment 사진
Countermeasures against Cybercrime in Cloud Computing Environment
  • LanguageKorean
  • Authors Wonsang Lee, Seongsik Lee
  • ISBN978-89-7366-950-9
  • Date December 01, 2012
  • Hit226

Abstract

Fortifying the digital forensics capabilities is an inevitable trend of the current era. Accordingly, this report will discuss the necessities of reinforcing digital forensics capabilities, the present status of the police, a comparative legal analysis, and an established model of national digital centers. The study is summarized as follows.

1. Digital Forensic in regards to Emerging Forms of Technology

To cope with the transformation to a digital-centric society, criminal procedures and legal measures are also becoming digitalized. However, the legal system followed by the investigative agencies is still underdeveloped. In such atmosphere, the legal system and the social structure may be overcome through strengthening the digital forensic capabilities. This report will focus on the following factors of digital forensic capabilities through macroscopic perspective.
- Reexamination of the reliability of investigation agency
- Development of national industry
- Securing national competence
- Key technology research and training professionals
- Increased use of digital forensics
- Preventing leakage of technology
The next section will examine the current status of the police in regards to the digital forensics capabilities and define the necessities of the above mentioned factors.

2. Current Condition of the Digital Forensic Practiced by the Police Force

The importance of the digital forensics became more crucial after the IT convergence technology and other high-tech developments. Through analyzing the current status of the digital forensic use, first, the demand for digital analysis is increasing while the supply of digital forensic professionals is in shortage. Second, the number of target digital forensics trainee is in shortage compared to the number of the investigative police. Third, police equipment used for digital evidence is outdated and the number of equipment is in shortage. The frontline expertise of investigation does not meet with, or is in lack of, professional competence compared to the importance of the digital forensics. Finally, the police are not conducting any academic research on the topic pertaining to digital forensic. Presently, through the Criminal Procedure Law and Supreme Court’s ruling, the court is currently preparing a guideline on confiscation and handling of digital evidences.

3. Comparative Analysis on Korean Digital Forensic System to Foreign Systems

In order to strengthen the capacity of digital forensics, theory development (criminological research), securing high-technology, ensuring professional manpower, institutions and international cooperation, establishment of a reputable digital forensics center are considered to be necessary.

1) Theory Development (Criminological Research)
Theoretical studies on cause, method, prevention, and legal amendment of crime is necessitated through the diverse technological development. The Germany’s Bundeskriminalamt (Federal Criminal Agency) has conducted a variety of theoretical research through its technological development and service center. In case of South Korea, building research capabilities in academic research and cooperative bonding with such institutes is mandated.

2) Securing High-Technology
One of the aims of the Digital Forensic Center in the U.S. is to secure and maintain the development of high technology. They try to maintain the high-technology and other related technologies through research/development/ test/uation (RDT & E). Also, in order to improve the reliability of digital forensic evidence, Germany follows a protocols and international certification, such as ISO/IEC 17025, to strengthen the credibility of digital forensic evidences.

3) Training Professional Manpower
In South Korean courts as well as other countries, the reliability of the digital evidence heavily depends on the level of expertise of the testifier. This is the major reason why other developed states devote tremendous resources and support for education and training of digital forensic experts. Education and training must be periodically conducted through RCFL and the effort should lead to breeding up and coming professionals as well.

4) Institutions and international cooperation
The cooperation between international academic institutes and agencies is indispensable. ENFSI practiced throughout the European region highly contributes to the cooperative measures between the states in efficient exchange of information and prevention of crimes such as cybercrime. A system must be created to follow up and partake in the international digital forensic network.

5) Stature of the Digital Forensics Center
The reason to set the reputable stature of the Digital Forensics Center is to increase the effectiveness of case solving and improved working environment.
It is also to better the technological development, work performance, such as proper training and education, as matter taken seriously under the organizational support. Therefore, the reputable stature also needs to be considered when establishing a digital forensic center.

4. National Institute Model of Digital Forensic

The digital forensic field should be continuously changing and open to new technology and knowledge with advancements in the subject of IT. To deal effectively with this phenomenon, a network consisting of experts in a variety of fields should be constructed. Digital forensic is not only required in such field as criminal investigation, but also it plays an essential role in intellectual property right, patent, civil cases, taxation, and corporate management. Therefore, an institution is highly necessary that seeks to share knowledge and technology and solve problems, based on a mutually cooperative network, National Institute Model of Digital Forensic.

5. Implications

In consideration of the context discussed above, it is of core importance to establish a National Institute of Digital Forensic to reinforce the capacity of digital forensics in South Korea. It seems appropriate to establish the institute under the police, which has high technology and experiences in digital forensic, and the police should be able to provide other institutions free access to the institute.
The Korean National Police Agency should complement the current digital forensic system to implement the National Institute model; to heighten the status of the digital forensic system in the organization, to enlarge the size of the budget for professional training for digital forensic and for developing its technology and equipment. In order to achieve this, the police have to make strenuous efforts.
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