The Court therefore concludes that the current legal framework is not sufficient to create a secure environment for electronic commerce. It did not address several fundamental issues: enforcement, supporting rules for building a security infrastructure, cybercrime, privacy and online customer protection. Moreover, we know from our empirical research [5] that these issues are of considerable importance to a wide range of stakeholders. Addressing these issues is critical to creating the comprehensive regulatory framework needed for today`s complex e-commerce environment. This chapter discusses the role of digital forensics examiners at these stages of eDiscovery, particularly in large cases involving disputes between organizations. It addresses the legal framework for eDiscovery, as well as unique medico-legal issues related to case management, ESI identification and collection, and triage and data generation. This chapter also describes common pitfalls in the complex and high-risk field of eDiscovery, with the goal of helping both novice and experienced forensic investigators safely navigate this potential minefield. Electronic discovery or „e-discovery” is the exchange of data between parties in civil or criminal proceedings. The process is largely controlled by lawyers who determine what data should be produced based on its relevance or retained based on their claims of privilege.
Court examiners play a crucial role as technical advisors, practical collectors and analysts. The field of eDiscovery is complex, and the technical and logistical challenges that arise regularly in large eDiscovery projects can challenge even the most experienced digital forensics auditor. With much at stake in most eDiscovery projects, there is little room for error at every stage of the process – from the initial identification and preservation of evidence sources to the final production and presentation of results – and to be successful, an auditor must understand and familiarize themselves with their role at each stage. The size and scope of eDiscovery projects require effective case management, and the creation of a strategic plan from the outset and the careful implementation of constructive and documented quality assurance measures at every stage of the process are critical to effective case management. The Electronic Business Law (LTE) is clearly an important step towards the increased adoption of e-commerce in Jordan, as it provides an appropriate legal framework for such activities. However, our analysis shows that several issues related to e-business and security are not addressed in this legislation. Due to these limitations, the current legal situation is insufficient to provide a secure e-commerce environment. In some countries, legal frameworks and practices can already enable inclusive and reliable identification systems. In many other cases, however, there are no important laws and regulations, are not enforced, are not compliant with international law, or are older than the use of digital ID systems and trust services such as electronic signatures.
An in-depth assessment (e.g. During the planning phase, the legal framework may need to be modified or updated. In a report published in May 2011, the Organisation for Economic Co-operation and Development (OECD) recognized that the legal and policy framework for protecting children on the global digital network is extremely dangerous and complex. Complex policy challenges include: How to mitigate risks without reducing opportunities and benefits for children online? how to avoid risks while respecting fundamental values for all Internet users; How can we ensure that policies are tailored to the problem and do not undermine the framework conditions that have allowed the Internet economy to thrive? It should also be noted that, despite various efforts, we are far from a globally agreed set of policies and legal frameworks that protect children from the serious risks they face online. This is clearly a serious loophole exploited by criminals and those who have an interest in using current „freedoms” for personal gain. Another complexity concerns the legal basis, Article 6.1. (e) GDPR for the processing of personal data for fraud purposes. While this may seem like a new requirement of the GDPR, it is similar to the old condition for processing functions of a public nature in Schedule 2 of the Data Protection Act 1998.
In order to fall within that requirement, account must be taken of whether an act adopted on the basis of that requirement provides for a public service mission in that context (edps.eurpoa.eu, p. 6). Various international and regional instruments are part of the international legal framework on firearms. While demonstrating the complexity and multidimensionality of firearms-related problems, this multiplicity also illustrates the need for diverse and multidisciplinary approaches and the central role that firearms continue to play on the international agenda.