Authentication of electronic evidence in cybercrime cases based on Malaysian laws

Electronic evidence is one of the many forms of documentary evidence. It is stored and retrievable from electronic devices such as computers and smartphones, particularly in the their hard disks or memory banks. However, due to the fragile nature of electronic evidences, it is prone or susceptible...

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Main Authors:	Mustapa Sa’di, Mursilalaili, Kamarudin, Abdul Rani, Mohamed, Duryana, Ramlee Saad, Zulfakar
Format:	Article
Language:	English
Published:	Universiti Putra Malaysia 2015
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/44795/ http://irep.iium.edu.my/44795/ http://irep.iium.edu.my/44795/4/154.pdf

id	iium-44795
recordtype	eprints
spelling	iium-447952017-08-18T02:42:10Z http://irep.iium.edu.my/44795/ Authentication of electronic evidence in cybercrime cases based on Malaysian laws Mustapa Sa’di, Mursilalaili Kamarudin, Abdul Rani Mohamed, Duryana Ramlee Saad, Zulfakar K Law (General) Electronic evidence is one of the many forms of documentary evidence. It is stored and retrievable from electronic devices such as computers and smartphones, particularly in the their hard disks or memory banks. However, due to the fragile nature of electronic evidences, it is prone or susceptible to damage or alteration, as well as destruction due to improper handling or safe keeping. Since it can easily be tampered with or self-deteriorate,establishing the authenticity and reliability of electronic evidence is a technical task. Meanwhile, states of affairs would cause such electronic evidence to be inadmissible or carries low or no weightage whatsoever by the court, thus undermining the prosecution’s or the plaintiff’s case, as the case may be. In order to ensure such evidence is admissible and carry the expected weightage, relevant parties must first prove the authenticity of such evidence and subsequently on its reliability and relevancy. Nevertheless, in cybercrime cases, proving the crime is actually a technical challenge, where the responsible personnel are required to understand what is electronic evidence, how to extract and preserve the originality of such evidence and the laws governing electronic evidence, as well as cybercrimes. This article attempts to explain the scope of electronic evidence in relation to criminal cases such as in cybercrimes, as far as its admissibility and weightage are concerned. The discussion will be based on Malaysian and common laws. Universiti Putra Malaysia 2015-10 Article PeerReviewed application/pdf en http://irep.iium.edu.my/44795/4/154.pdf Mustapa Sa’di, Mursilalaili and Kamarudin, Abdul Rani and Mohamed, Duryana and Ramlee Saad, Zulfakar (2015) Authentication of electronic evidence in cybercrime cases based on Malaysian laws. Pertanika Journal of Social Sciences & Humanities (JSSH). pp. 153-167. ISSN 0128-7702 (P) 2231-8534 (O) http://www.pertanika.upm.edu.my/JSSH.php
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Mustapa Sa’di, Mursilalaili Kamarudin, Abdul Rani Mohamed, Duryana Ramlee Saad, Zulfakar Authentication of electronic evidence in cybercrime cases based on Malaysian laws
description	Electronic evidence is one of the many forms of documentary evidence. It is stored and retrievable from electronic devices such as computers and smartphones, particularly in the their hard disks or memory banks. However, due to the fragile nature of electronic evidences, it is prone or susceptible to damage or alteration, as well as destruction due to improper handling or safe keeping. Since it can easily be tampered with or self-deteriorate,establishing the authenticity and reliability of electronic evidence is a technical task. Meanwhile, states of affairs would cause such electronic evidence to be inadmissible or carries low or no weightage whatsoever by the court, thus undermining the prosecution’s or the plaintiff’s case, as the case may be. In order to ensure such evidence is admissible and carry the expected weightage, relevant parties must first prove the authenticity of such evidence and subsequently on its reliability and relevancy. Nevertheless, in cybercrime cases, proving the crime is actually a technical challenge, where the responsible personnel are required to understand what is electronic evidence, how to extract and preserve the originality of such evidence and the laws governing electronic evidence, as well as cybercrimes. This article attempts to explain the scope of electronic evidence in relation to criminal cases such as in cybercrimes, as far as its admissibility and weightage are concerned. The discussion will be based on Malaysian and common laws.
format	Article
author	Mustapa Sa’di, Mursilalaili Kamarudin, Abdul Rani Mohamed, Duryana Ramlee Saad, Zulfakar
author_facet	Mustapa Sa’di, Mursilalaili Kamarudin, Abdul Rani Mohamed, Duryana Ramlee Saad, Zulfakar
author_sort	Mustapa Sa’di, Mursilalaili
title	Authentication of electronic evidence in cybercrime cases based on Malaysian laws
title_short	Authentication of electronic evidence in cybercrime cases based on Malaysian laws
title_full	Authentication of electronic evidence in cybercrime cases based on Malaysian laws
title_fullStr	Authentication of electronic evidence in cybercrime cases based on Malaysian laws
title_full_unstemmed	Authentication of electronic evidence in cybercrime cases based on Malaysian laws
title_sort	authentication of electronic evidence in cybercrime cases based on malaysian laws
publisher	Universiti Putra Malaysia
publishDate	2015
url	http://irep.iium.edu.my/44795/ http://irep.iium.edu.my/44795/ http://irep.iium.edu.my/44795/4/154.pdf
first_indexed	2023-09-18T21:03:41Z
last_indexed	2023-09-18T21:03:41Z
_version_	1777410791104839680

Authentication of electronic evidence in cybercrime cases based on Malaysian laws

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