An investigation of digital forensic concepts in an international environment: the U.S., South Africa, and Namibia

Abstract

Digital forensic investigations are growing in number not only in the United States but in nations around the world. The activities of multinational corporations and cybercrime cross jurisdictional boundaries on a daily basis. This investigation sets out to perform a qualitative analysis of the requirements needed for acceptance of digital evidence in multiple jurisdictions and the qualifications of digital forensic examiners by focusing on three case studies. The countries chosen are the United States, South Africa and Namibia. The research lays the foundation by examining existing international laws and treaties, and then uses the three case studies to address constitutional issues, civil and criminal law as they pertain to digital evidence. By ascertaining where the similarities and differences lie, a grounded theory approach is used to provide digital forensic examiners, legal staff and investigators a basis that can be used to approach digital cases that come from or must be presented in foreign jurisdictions. As more countries struggle to establish their digital laws regarding investigations, the resulting approach will serve as a guide and reference.