Artificial Intelligence and Scientific Evidence – Critical analysis as to Facts and Folly: Suneel Kumar & Shreya Agrawal

Artificial Intelligence and Scientific Evidence: Critical analysis as to Facts and Folly

Author: Suneel Kumar (Senior Assistant Professor)[1]

Co-Author: Shreya Agrawal (Student  BBALLB  3rd  Year)

ICFAI Law School, The ICFAI University, Dehradun.

ISSN: 2582-3655 

Abstract

In this 21st century era, where the world is trapped in the clutches of the covid-19 pandemic, artificial intelligence becomes the need of an hour, as humans are getting converted to genetic information and the time demands paperless transactions. E-commerce has become a necessity for the common man. Digital data has attained the status of a valuable asset. On the other hand, the security of data and accuracy are also matters of great concern. This paper is an exiguous endeavor to examine the dearth of the application of digital forensic techniques. The paper would also examine how the inability of the traditional investigation techniques is lagging behind as to the changing needs of today’s modern society, acting as laid back escape for the criminals who commit cybercrime. It also integrates research on the important and crucial requirement for adopting Artificial Intelligence in the current investigation techniques as the Artificial Intelligence comprises of special technical agents that aid in the process of investigation with the help of a lawyer expert possessing knowledge of even technical domain.

The element that enhances the domain of digital forensics is the accuracy and the promptness that it possesses, as, it displays results that are true and up to the mark. The paper attempts to explain the application of artificial intelligence techniques to digital forensics by considering both its legal as well as technological aspects. The paper analyzes processes of handling of information, giving us a glimpse of domains of digital forensics such as network and cloud forensics, the Social Network Analysis technique, the data mining technique and other related concepts of the forensic investigation. The paper also examines critically that whether the implementation of artificial intelligence techniques will solve the problem that the law enforcement agencies and the investigators face while handling any attack by the hackers by being technically equipped for any kind of damage caused by a perpetrator who is a criminal.

Keywords: ‘Digital forensics’, ‘Artificial intelligence’, ‘Digital data evidence’, ‘Law enforcement agencies’, ‘Scientific evidence’.

  1. INTRODUCTION

Artificial intelligence is capable of changing the shape of multiple industries because of the level of advancement that it possesses[2], by virtue of which it can indeed be stated that it has become the need of the hour for the legal fraternity and the legal framework of India. Where, in the Indian judiciary, the problem of pendency of proceedings is a major problematic issue, this problematic issue in question could be solved by the incorporation of artificial intelligence in the Indian legal framework. Artificial intelligence is fifth generation computers, the most advanced level of computers, that perform operations, performed by human minds which require a lot of skill, planning, decision-making and detailed analysis of operations. The positivism that artificial intelligence inflicts over the lives of ordinary individuals is indeed commendable and visible. The revolutionary technology empowers individuals to learn and prosper and enhances their personal and professional growth which is clearly evident by the fact that individuals get notifications, reminders for meetings and suggested news items and articles on their feed[3].

Due to artificial intelligence, we will be able to trudge past the barriers of pendency of proceedings and be able to render better legal aid and advice in the legal profession. The legal fraternity has witnessed much less innovations with regard to the specific field. From robotic mechanisms used in hotels to our mobile phones to large database industries, artificial intelligence has brought about efficient and phenomenal changes in all spheres. So, it would be appropriate for the authors to comment that artificial intelligence can indeed pave the way for remarkable solutions where the legal machinery wouldn’t have to settle for mediocrity. Change for the sake of change is the mentality of the cancer cell. Therefore, incorporation of artificial intelligence must not be done just for the sake of change but to help legal professionals and litigators in advising their clients and carry out and perform keyword-based research due to which such systems could be relied upon in judicial pronouncements and help a great deal and emerge out as a good piece of evidence.   

  • THE SCIENCE OF DIGITAL FORENSICS: A RETROSPECT AND CONCEPTUAL CONNOTATION

Don Parker noticed that people used to leave their ethics at the door, in the mid-1960s when they entered the computer center. Therefore, digital forensics came into play out of the need for prosecution of computer crime and a need to unravel documents. As personal computers became very common in the 1970s and 1988 and people used it on a frequent basis, law enforcement agencies paid attention to the emerging class of crime that is the computer-related crime. In most countries, law enforcement agencies were now technologically aware of computer crime and had machinery in place to investigate such matters.

Also, the industry specialized in software offered specialized techniques and equipment in order to investigate computer-related crimes. It was very obvious that the evidence had to comply with the rules of the nondigital investigation and the finding of the result had to be like that of the evidence that is produced in the court. An investigator has to be aware of Lockard’s exchange principle[4], that is,” Anyone or anything entering a crime scene takes something of the scene with them, or leaves something of themselves behind with they depart”.

Therefore, the rules that are applied during the investigation of a non-digital crime are to be applied even in the digital crime scene. The process of investigation requires preservation, careful examination, survey, and even re-examination of the collected evidence and the evidence that is collected should be stored and preserved properly in order to extract the best out of the evidence that the court requires.[5]

The University of North Texas was the one where the first course related to training of computer forensics appeared, and, it was in the year 1993, that the first International Law enforcement conference on computer evidence was hosted in Australia.[6]

With these developments and changes, computer forensics emerged out as a science that was very innovative.

            Here are the following steps involved in the investigation process:

  • Preparation and identification of the evidence

There is a possibility that potential evidence may not be identified and may get lost in such a large amount of legal matter. In the case of a networked pattern of systems, it can lead to the interaction with files that produce and manage and extend to all network devices all over the world. Therefore, it is a very important task to prepare and identify the evidence.

Special care must be taken in order to handle computer evidence as it is that evidence that can be easily changed and modified and once it has been changed, it is very difficult and indeed a challenge to detect the changes that have taken place. Therefore, a cryptographic hash of the evidence is calculated by the investigator who investigates the particular matter, and that cryptographic evidence is recorded in an investigator’s notebook so that it could be identified that the evidence has been modified when the hash was calculated. After that collection of evidence takes place through sources.[7]

2.2 The transportation and storage of computer evidence

If a case is based solely on digital or computer evidence, then the storage of that particular digital evidence becomes of the utmost importance for the purpose of deciding that case. In order to do so, the digital evidence must be properly maintained at a safe place, for the purposes of trial for the required period of time. Proper arrangements as to temperature and humidity controls and an additional power supply and mandatory requirements in order to maintain the particular evidence must be made. Large volumes of evidence or any paperwork associated with a particular case related to the crimes and actions of the accused persons must be properly stored so that justice could be given and no innocent is punished merely because of lack of evidence. The record maintenance of the evidence must ensure that the evidence does not go anywhere without being properly traced.

 The evidence is however shared electronically on media from place to place through copying. Henceforth, adequate care and question should be taken during the transportation and the storage of evidence because even a slight mistake can lead to spoliation and deterioration of evidence[8] which may lead to a grave miscarriage of justice due to the lack of evidence required in the proceedings.

2.3 An insight into the examination and the investigation of computer evidence

One should not be given the authority to examine digital evidence, unless, one has the legal authority which is prescribed or established, or given to him by law. “The imaging of electronic media”[9] becomes necessary when it comes to the examination of digital or computer evidence. This process is usually made to check and ensure that no valuable information is put on the evidentiary media during the forensic investigation or process. The authorities carry out the process of hashing, throughout the analysis, at crucial points of time to ensure that the evidence is still in its original state, where hashing refers to the verification of media again and again.

2.4 Interpretation, attribution and the analysis of computer evidence: A glimpse

 The analysis, attribution and interpretation of the evidence is the most difficult part for the judiciary to analyze and adjudicated upon, as in the scope and the arena of the science of digital forensics, there are only a limited number of possibilities and patterns through which event sequences can be drawn, that could have produced evidence. However, the actual number of sequences that could emerge out of a particular case could be so enormous[10] that they have the capability to go beyond the understanding of the human mind. The instruction given to the device has a great impact on the evidence that is produced by that digital device in that computing and analytical environment. Therefore, the need is to examine, analyze and interpret all the digital evidence very carefully in order to determine the type of data that is stored upon that digital device.

It is the most difficult part encountered in evidence. There could only be a limited number of sequences that could have produced evidence but the actual number of sequences that can be produced can be unbelievably large[11]. Any instruction given to the computer can have any effect or impact on the evidence.[12] Therefore, digital evidence must be analyzed carefully in order to analyze the data on it.

2.5 Reporting

A complete report is prepared and is generated once the analysis is of the computer evidence is completed. The report may be in the form of oral testimony or in the written form or it may be a combination of both. In the end, the evidence must be presented in the form of a report of the expert’s testimony and deposition. The following are the elements that the report contains[13]:

  • Identifying of the report agency;
  •  Case identifier or submission number;
  •  Case investigator;
  • Identity of the submitter;
  • Date of receipt ;
  • Date of report ;
  • Descriptive list of items submitted for examination which includes the serial number, the make and the model;
  • Identity and signature of the examiner;
  •  Description that is a brief of steps taken during examination that a string searches, graphics images and recovery raised files;
  •  Results or conclusions.

 2.6 Testimony

This step involves presentation and cross-examination of expert witnesses.[14] Standards apply to the issues of expert witnesses depending upon the jurisdiction and the legal ambit in which a particular cybercrime is registered. Experts bring digital forensic evidence generally but there are certain exceptions to this, one of which is, the nonexperts having the capacity and the capability of bringing clarity to issues that are not scientific. Since all human judgments are fallible and there is always a possibility of human errors that can occur during the investigation of the forensic evidence, the analysis time is increased as the criminals have a good deal of time in their hands to destroy that particular evidence and escape the clutches of law. Increased efficiency is required in order to reduce errors and complexities and hurdles faced by the investigators during the investigation. Crime data mining techniques can help the protectors of society and enable the police to give their valuable time to new tasks that cannot be ignored and are valuable[15].

  • CLOUD FORENSICS AND NETWORK FORENSICS: THE DIVERSE DOMAINS OF THE SCIENCE OF FORENSICS

The process of application of scientific principles, technological practices, and previous cloud computing events through the processes of collection, identification, organization, and reporting of digital evidence is known as Cloud Computing forensic science. The tools of traditional methods of forensic stand on an equal pedestal as that of cloud forensics because of the information that is retrieved in the case that is difficult to succeed in and has diversified locations.[16] Extreme network access and network forensics form the sole basis of the cloud computing investigation technique.[17] The network forensics deals with forensic investigation privately and also handle public networks. The main goal of the particular technique is to gather as much relevant information of a particular case that has relevancy to the investigation so when the evidence is collected the main focus is gained by the collection of data with regard to the case.

  • INTRODUCTORY ANALYSIS AS TO THE ELEMENTS OF THE TERM ARTIFICIAL INTELLIGENCE

An exhaustive definition of the term artificial intelligence does not exist and it is indeed a challenge to put into words the definition of this term. There are categorical definitions that have been laid down. If we define the term artificial intelligence as creating a computer process that adds intentionally[18], we will be left pondering upon the question of the definition of Intelligence and if we define the term artificial intelligence as creating a computer process that in a certain way mimics human behavior [19], we will again be left with the challenge that whether humans always act in an intelligent manner in every situation and, what if the computer in certain areas performs better than a human. Certain other definitions call this particular intelligence a rational behavior, that is, tasks that are hard for a computer to perform.

Therefore, Artificial Intelligence can be defined as a mechanism that creates such a computer process that acts in a particular way that an ordinary prudent man would deem intelligent. It can be considered and be regarded as an area of science that relates to computers which focuses upon dealing with machines that work and act like human beings.

Artificial intelligence, more specifically Machine Learning hold a technology capability perspective from being able to measure heart rate, oxygen levels, translate language, mimic human speech to even draft legal documents etc.[20] Furthermore, it can improve the efficiency of workplaces. Particularly talking about the legal sector, the nation is well aware of the numbers of cases pending in different courts of India. The problem of pendency, time consumption, fewer resources can be solved through artificial intelligence. The Government of India has been working on developing a comprehensive artificial intelligence ecosystem for the country. Due diligence, production technology, legal analytics, automation of documentation, intellectual property and electronic billing are some of the fields where artificial intelligence is of great use currently. Artificial intelligence provides the manpower with an opportunity to learn new skills by automation and focus on other important things. This technology has been implemented by many organizations across the world that the Indian legal system has become a preview to it. With approximately 3.75 crore cases already pending in India, Artificial Intelligence can really act as a helping hand to do the work stress drafting research work analysis, etc.

The main goal of artificial intelligence is that human intelligence should be incorporated in machines which are the need of the hour to reduce the burden on humans. The aim is to create multiple task performing and understanding ability in the machine that includes various fields such as the field of science, economics, commerce, law, biology, and psychology, the art of making judgments, mathematics and engineering. There are even some interesting activities that artificial intelligence is designed to include within its ambit, that, learning, planning, problem solving and ability to understand and manipulate and move objects and the ability of speech recognition. Artificial Intelligence can even take decisions based on the environment that is surrounding it. It would indeed be a historic change for the legal fraternity, if, the framework of artificial intelligence is included within the legal fraternity.

4.1 Pros and cons of artificial intelligence 

Being stand-alone emerging technology, artificial intelligence aims to arouse human reasoning in AI systems. The term Artificial Intelligence was invented in the year 1950 by John Mcrthy.

He said, ‘Every aspect of learning or any other feature of intelligence can in principle be so precisely described that a machine can be made to simulate it’. An attempt will be made to find how to make machines use language, form abstractions, and concepts,  solve kinds of problems now reserved for humans, and improve themselves.’ 

In general, if one talks about intelligence the common parlance is that of intelligence of a human being. But in the current times, the ability of a computer program to learn, think, operate and do all sorts of those works that would have normally been relied on human intelligence can be referred to as Artificial Intelligence. Even the concept or thought of having a computer do the work that would, in general, be incomplete without humans is enormous and revolutionary. This very concept can act as a boon as well as a bane for the professional sectors majorly which can be analyzed by going through the advantages and disadvantages of it given as follows: 

4.1.1 Advantages​: 

• Availability: Machines are available and can function 24*7, be it any time of the day whereas human beings can work for 6-8 hours a day as they are prone to fatigue and require rest to function. Legal work sees no time and can arise at any time. There might not be enough manpower available in the night to do the emergency paperwork for a client but the AI can be used as an alternative in such a case. 

Digitalisation: It is often noticed that nowadays websites and apps have a chat option where the computer-automated replies are there to assist people. Those are the digital assistants who are so efficient that it is even tough to determine if it is human or not. It can help the lawyers to research efficiently.

• Less Dependency: The computers do not have a certain functioning time so it can complete the work any time whereas the organisations are usually dependent on their employees to complete the assigned work. The cases can be filed through online portals without being dependent on going to the Court for it. 

• Reduced human errors: Errors are reduced and the chance of reaching accuracy with a greater degree of precision is a possibility while working with computers whereas humans can obviously make mistakes. Mistakes are one thing that can’t be ignored in the Court of law therefore, working on computers can reduce the chances of it to a great extent.

•Day to day applications: Apple’s Siri to Google’s OK and others, people use it so frequently for assistance in any work be it searching for a location asking the weather, etc. which is hassle-free whereas it can take a lot of time for a human being to search for a location he’s never been to. These daily assistants can really help the lawyers by providing them the source of any data all at once. 

Beforehand completion of work: Computers can do any work quickly as compared to humans. Therefore, the chances of the work pending is very low. For example, a calculation can be done a lot faster by a computer than a human. Being aware of the situation in India related to the cases pending, the AI can really boost the speed of work to be completed. The virtual court hearing is one of the most important and current instances to show how can the work be completed and get done in such an unprecedented time through Technology.

4.1.2 Disadvantages

Unemployment: If all the work can be done efficiently by computer only, then the people who would have done that work with human intelligence will be unemployed.

Higher costs: Maintaining the machines, updating the hardware and software very often and internet expenses can cost a lot.

Ineffective thinking: The computers can obviously not think so they will do only a particular work in a particular manner in the way they are programmed to do whereas human intelligence can make certain required changes as per the need. Any legal matter cannot be solved without effective thinking.

Lack of expertise and creativity: Computers can’t function as per their previous experience related to any work or any sort of creativity whereas human brains are too creative and work as per experiences. Law is all about common sense with the computer can obviously not apply by being artificially intelligent.

Loss of information: Any technical error in the computer may lead to a heavy loss of data which might not be able to be recovered back. The question arises who is going to be held accountable for such laws. Even someone’s personal data can e lost or leaked. Will the courts punish the computer?

4.2 Artificial intelligence in Indian governance and the Indian aspect

Globally, major artificial intelligence technologies have been explored and sometimes used by law enforcement, including facial recognition, speech recognition, drones, robo corps, autonomous taxi vehicles and predictive analytics.[21]

India has made some strides in the use of data analysis and algorithms with the aim of processing large data tracks to generate predictive policing models. It is estimated that soon predictive policing technologies will be available in five states namely, Kerala, Orissa Madras, Haryana and Tripura.[22] There has been a recent collaboration between best group company and Israel based security and artificial intelligence research company Cortica to analyze the information about CCTV cameras being distributed in public places.[23] Punjab Police, in conjunction with Staqu, have submitted the Punjab artificial intelligence system which digitizes criminal records and conducts investigations using features such as facial recognition.[24] Facial recognition enables police to obtain information about the criminal. The start-up for Hyderabad based technology, H-Bots Robotics has developed an intelligent police robot that can be deployed in this field. Robo-cops can play a new role in law enforcement and order and improve traffic management.[25]

Given the size and complexity of the global economy and knowledge of human behavior, it would be extremely unsophisticated to rely simply on spontaneous and voluntary ethical behavior by individuals to ensure impartiality or to enhance human dignity. Regulation, combined with great enforcement is needed to guide our behavior and ensure equality. However, this approach sometimes leads to cat and mouse matches between regulators and economic decision-makers. Law-abiding people and companies spend a lot of time and money on findings fallacies of the law in order to achieve compliance, while others abuse the legal framework so that the criminal activities can be avoided. The Fourth Industrial Revolution presented a new challenge. This is revealed in white papers on figures published by the world economic forum in November 2016: Given the fourth Industrial Revolution is extraordinarily fast technological and social change, relying only on government legislation and incentives to ensure the right outcomes is ill-advised. These are likely to be redundant by the time they are implemented. The forum is white paper argues that the best way to ensure good results in such a difficult environment is to work on a clear set of values for example by focusing on basic principles such as human dignity and the common good.

  • DISCHARGE OF GOVERNMENT FUNCTIONS

The Government of India has begun to develop artificial intelligence to deliver government services to citizens. Artificial Intelligence can be used efficiently to classify and categorize various government documents; including government notices, freedom of information requests, records of land and court orders immediately, thus freeing up personnel sources. Prime Minister Narendra Modi has voiced his views on the possibility of using artificial intelligence to bolster the integrated Court management system that seeks to digitize Supreme Court records. The Andhra Pradesh government is reportedly talking the lead in the implementation of artificial intelligence to improve the citizen-government interface in India in partnership with Microsoft to develop the Kaizala app. Kaizala has been used to receive citizen responses from various social media accounts and to verify whether the answer comes from by linking this to a citizen’s mobile number. The main application of artificial intelligence in the agricultural sector in India has been in the domain of predictive analytics. Microsoft has collaborated with ICRISAT to develop an AI sowing app powered by Microsoft Cortana Intelligence Suite including machine learning and Power BI. It sends advisories to farmers providing them with information on the optimal date to sow by sending them text messages on their phones. The Government of Karnataka has signed a memorandum of understanding with Microsoft to use predictive analytics for the forecasting of commodity pricing.

  • AN APPLICATION OF ARTIFICIAL INTELLIGENCE IN THE FIELD OF DIGITAL AND FORENSIC EVIDENCE AND ONTOLOGY

The paper focuses on the point, that, when it comes to the analysis of technical components that are involved in the mechanism, we come across certain representations that have to be considered.[26] The system must have the ability to representing of knowledge in the most effective manner possible.

The system should have the capacity and the capability to represent the knowledge and the reason behind that knowledge very accurately and precisely. Domain ontology which is a commendable part of artificial intelligence systems has the potential to have wonderful effects on the science of digital forensics.[27]

Artificial intelligence helps in the assistance of forensic evidence by providing a standard of representation of the data and information in a particular domain.[28] Where hindrances are caused even in the slightest of basic programming mechanism, such as, in the information exchanges which deal with forensics imaging tools,  has not left the discipline of digital forensics not scared where other scientific disciplines make persistent continuous efforts when it comes to a domain ontology.

For example, in a case, where multiple jurisdictions can be exercised where the case has got trans jurisdictional boundaries, it can provide the legal fraternity with the option of channelizing the digital evidence and also provide for other advantages, like, creation of a repository which is large and reusable.

The performance of experts could be tested through this system. This technique can be utilized for the collection of background knowledge and timeline specification which gives a boost to artificial intelligence techniques. One of the most challenging areas in the field of producing forensic digital evidence within the ambit of artificial intelligence would be to determine and analyze and find out the reasons behind the algorithms displayed by the machines and, it would indeed be a challenge for even the experts to explain the whole reasoning process that was involved in the application of artificial intelligence in the forensic investigation system before the courts.

  • A MULTITUDE TECHNIQUE INVOLVING AMALGAMATION VIS-A-VIS DATA MINING & KNOWLEDGE DISCOVERY IN DATABASES

Data mining and Knowledge Discovery in databases combines with itself, statistical analysis of Artificial Intelligence techniques in order to analyze a large amount of data. It is a form of exploratory data analysis.[29]

For example, if the user provides the particular system a command to highlight files with certain characteristics, the system uses its data visualization technique to highlight that particular characteristic and also recognizes potential relationships that the user wants to find out. This technique has its advantages, as it has the ability to distinguish patterns even in the most complex data. It also helps us to determine whether there is anything meaningful in the data provided?  Is the data of no use or if it is of use then its use can be obtained to what extent. [30]

However, there are chances of losing data as data Mining and Knowledge Discovery in Data bases do not take into account Complex reasoning process that is involved during the investigation of evidence which does not relate to digital forensics.[31]

7.1 Learners and Refineries, the two aspects of machine learning

Machine learning is referred to as the capability of the software to adapt. Machine learning can be categorized into two variants when it comes to the application of machine learning to digital forensics, namely refiners and learners.[32] Refineries are referred to as a method of refining the knowledge so that it could be kept updated. Learners,  on the other hand, are used to gathering initial knowledge.

For example, it is possible for a man after drinking a particular type of cold drink to detect whether it is Fanta, Dew, or Pepsi. Similarly, an artificial intelligence system can detect concepts using this learning system. This system normally has a set of free classified examples along with algorithms which form the basis of this type of machine learning system. It solely depends on the credibility and suitability of the search algorithm and equality of the data set that whether it would gain success or fail in a particular matter.

7.2 The Social Network Analysis technique

This technique makes use of certain graph related techniques for the analysis of networks.[33] Groups are discovered through this technique. Groups that are hidden, groups that plan an activity over a communication system without specifying and clearing their intentions, which helps the investigator to discover the organizational structure and determine that how the links of people change during an emerging situation.

This technique is indeed so helpful, that, it helps the investigator to determine an individual’s command and influencing power over a particular group of people. The strength of connections and the density of communications are worked upon by the investigator using this particular technique. The graph-based mathematical analysis is the sole basis of the foundation of this technique because it helps the investigator to identify the patterns of group behavior in a particular group and also particularly in identifying the key parts of the network.

7.3 A system to assist the Digital forensic expert; The Multi-Agent Digital Investigation Toolkit

During the examination process, a system called the Multi-Agent System helps the digital forensics expert. This system is used to assist the expert during the whole examination process. It comprises a group of intelligent system agents that perform analysis on digital evidence differently related to a particular case in a distributed manner.[34] Each intelligent system agent possesses an abundance of knowledge base which is based upon the expert’s experience who is handling the particular case. Since there is a possibility of the resemblance of digital evidence in criminal cases, the multi-agent digital investigation toolkit uses a case-based reasoning technique. This case-based reasoning technique helps the investigator to determine which agents are better at what kind of investigation. This helps the expert to be more specific and also helps the judges to decide the matter in question.

For example, if we go for citing sets in a dowry case, the intelligent system agent will use the hash sets related to those dowry cases, giving the examiner very quick feedback on the existence of such files in such evidence. Overlooking the technical aspect of it, the Multi-agent Digital Investigation Toolkit was fully developed with the Java language implementing the Java Agent Development Framework and was used to simplify the implementation of Multi-Agent Systems over a distributed platform. The specialized intelligent systems that are used by the multi-agent in digital investigation toolkit are as follows:

  1. File path agent – The file path agent preserves a collection of folders in itself by using several applications. These applications may be of need of the investigation like peer-to-peer sharing and instant messaging applications.
  • Hashset agent- calculates the MDS hash of a particular file and classifies it as important or ignorable by comparing it with its knowledge base that it has and helps the investigator in this manner.
  • File signature agent– It scans and carefully examines the initial 8 bytes of the file headers to find out whether they match the file extension. If someone makes changes to the file extension to hide the true meaning of the file, it is detected by this particular agent.
  • Windows registry agent- It extracts valuable data such as time zone configuration, system installation data, removable media information and other important things from the files which have connection with the windows registry by studying such existing files.
  • Timeline agent- It helps to determine the creation access and modification of certain files. It helps to determine events like software installation backups and other related activities that have direct connection with the case of investigation given to the investigator at hand.
  • Keyboard agent- This agent looks for keywords and extract information from files like URL’s, email addresses and credit card numbers using regular expressions.

The technique has a case based approach and helps the investigator to extract valuable information and also provides ample opportunities for the investigator agents and experts to t improvise results over time by learning from previous cases. The system has proven out to be a better way in the analysis of data, when it comes to the correlation of the findings compared to the current system of extraction of data and acquisition.

7.4 Audit : An automated disk investigation Toolkit

For various types of investigations such as the general associations and the specific investigations, an audit is allotted the task of integrating tools. It can be searching for a particular file in emails, documents, or even hidden locations, such as files like searching for the credit cards of the accused and numbers.[35]

 It comprises three components, thereby, a set of rules and facts, an expert system and an investigative database of tasks and tools.[36] This database consists of rules and facts which are created at the time of the investigation or some of them may even be pre-defined in the system according to the cases the system generally takes. Modification, deletion, or addition of these facts can be done as per the requirement of the investigators. The core engine controls the execution of this system.

  • SKILL AND EXPERTISE OF HUMAN INVESTIGATORS: INDISPENSABLE AT EVERY STEP OF DIGITAL FORENSICS

Artificial intelligence has a very important role to play in the area of digital forensics, as from the collection of evidence, to the preservation of evidence, to the analysis till the presentation of it, the evidence goes through an investigation process which is all given to us by artificial intelligence.[37] Therefore, the experience, the knowledge, and the skill of the investigator at each and every step of investigating and analyzing the particular evidence play a very important and vital role. Technical difficulties and problems always arise when it comes to digital forensics. Artificial intelligence, in the field of digital forensics, plays a very crucial role in the process of investigation. By the usage of hash algorithms, there is a speedy tracking of the required data sets which eliminates static files and dormant files from the system in the process of investigations.

The branch of digital forensics applies intelligent techniques, which are indeed very efficient for the utilization of resources so that the utilization of resources is done in the best possible manner to solve a particular case. There exist a number of systems such as DNA fingerprinting that are detected by a DNA database. The UK even has a national fingerprint database that it uses to detect the fingerprints found at the crime scene. Also, the USA has Integrated Automatic Fingerprint Identification Systems that also perform the same task. This can even be implemented in India so that the burden over experts can be reduced by implementing these systems of artificial intelligence. The main problematic concerns that arise are legal concerns and computation concerns. Legal concerns consist of transgression with respect to the concerned jurisdiction and computation concerns comprise of computer-related concerns. As a solution to it, the systems must be made in such a manner that they adapt to the principles given by legal practitioners and Legal Experts and implement it in such a manner that the problem of difficulty gets reduced to a minimum.

For the discovery of patterns of behavior, Data Mining in Machine Technique could be used. In order to keep up with the needs of changing trends in the area of computer forensics, there is a need to develop systems that keep pace with the system’s performance. These techniques can enhance aspects of the investigation, suggesting identification, gathering preservation, and analysis of the evidence.

  • JUDICIAL PRECEDENTS WITH REFERENCE TO ARTIFICIAL INTELLIGENCE

In January 2017, the Committee on Legal Affairs of the European Parliament proposed a motion to create a separate legal status for robots, which was adopted by the European Parliament on February 16, 2017, as the Civil rules on Robotics. However, it has been clarified by Mady Delvaux, the member of the European Parliament who presented the report to the public that the intention of the report is not to classify robots as humans but to grant robots a legal status similar to that of corporate personhood.

In, P.A. Jacob v. Superintendent of Police[38], the Kerala High Court observed that the right can only belong to a human personality, and not to a mechanical device. It is not permissible to upgrade a mechanical device to a human faculty; thus; a robot cannot enjoy the freedoms and rights listed under the constitution of India. This observation was reiterated by the Supreme Court of India in 2005 in the case of Re noise pollution.

  1. CONCLUSION AND SUGGESTION

In today’s scenario, where every single thing is happening online there is an increased risk of cybercrimes with respect to the changing and growing needs of society. Therefore, it is the need of the hour to implement techniques of artificial intelligence into the area of forensic science. Infusion of efficient tools and equipment needs to be done in the area of digital forensics. In order to combat the challenges accompanied by cybercrime, the use of resources needs to be exhibited in a good manner and we need to move out of the constraints of tools and techniques utilized by the current forensic department. Technology will keep on growing in the coming time. It will progress with time and increase exponentially. It may be with an e-mail that attacks a random computer due to a virus in it or hacking of national security surveillance of jurisdiction, which is indeed a matter of threat to the nation. The collection and presentation of evidence will undergo a drastic change while applying artificial intelligence into the area of digital forensics. Therefore, the delay and the time-lapse caused in the area of digital investigation can be reduced by applying techniques of artificial intelligence. Therefore, it can be concluded that artificial intelligence is the need of the time as it enhances the results in the area of digital forensics due to the investigative techniques and the processes involved in it. The use of artificial intelligence will help to build the crime scene with more accuracy. It is an elixir for the criminal investigation process.


[1] *Senior Assistant Professor, ICFAI Law School, The ICFAI University Dehradun, Uttrakhand

** Student  BBALLB  3rd  Year , ICFAI Law School, The ICFAI University Dehradun, Uttrakhand

[2] Legal Services India, Impact of Artificial intelligence on the Indian legal system, available at < http://www.legalserviceindia.com/legal/article-631-impact-of-artificial-intelligence-on-indian-legal-system.html# (accessed 8March 2020)

[3] Ibid

[4] Lockard’s exchange principle states that,” Anyone or anything entering a crime scene takes something of the scene with them, or leaves something of themselves behind with they depart”.

[5] Parvathi S Shaji,” the transforming grid of digital forensics to intelligent forensics –relook into the applicability of artificial intelligence in current investigation techniques”, 2582-6999 , Issue 1, Volume 1,Indian Journal of Artificial Intelligence and law,47

[6] Ibid

[7] There include two kinds of sources: Obvious sources which includes computers, cell phones, digital cameras, hard drives, CD-ROM,USB memory devices and so on. On the hand non-obvious sources include setting of digital thermometers, black boxes inside automobiles, RFID tags and web pages.

[8] For instance, in a hot car, digital media tends to lose bites.

[9] The process of creating an exact duplicate of the original evidentiary media is often called Imaging. Computer Forensics Software Packages make this possible by converting an entire hard drive into single searchable file – this file is called an image. Using a stand-alone hard drive duplicator or software imaging tools such as DCFLdd, the entire hard drive is completely duplicated. This is usually done at the sector level, making a bit- stream copy of every part of the user accessible areas of the hard drive which can be used to physically store data, rather than duplicating the file system.  

[10] Ewa, Huebner; Derek, Bem, Computer Forensics Analysis in a Virtual Environment Future,  International Journal of Digital Evidence. New York, Utica, January 2007, (6), 1-13. ISSN 1742-2876

[11] Ibid

[12] Ibid

[13] Ibid

[14] Michael, G. Noblett, Mark M. Politt and Lawrence, A. Presley. Recovering and Examining Computer Forensic Evidence. Forensic Science Communications, Amsterdam: C. Cattaneo, C. Jackowski, 2000, 2(4), 10-21. ISSN 0379-0738.

[15] Ribaux, O.; Walsh, S.J.; Margot, P. The contribution of forensic science to crime analysis and investigation: Forensic intelligence, Forensic Sci. Int. Elsevier, 2006, (3) 171–181.ISSN 0379-4410

[16] Sherman Josaih Dykstra & Alan T. Sherman, acquiring forensic from Infrastructure-as-a- service cloud computing: Exploring and evaluating tools, trust, and techniques, Digital Investigation, 2012, 9, 590- 598. ISSN 1742-2876

[17] Raun, Keyn, Joe Karby, Tahar Kechadi & Mark Crosbie, Cloud forensics. In: Peterson, Gilbert & Sujeet Shenoi. Advances in Digital Forensics. 1st ed. U.S: Springer, Aug 2018. ISBN 978-3-319-99277-8.

[18] Legal Services India, Impact of Artificial intelligence on the Indian legal system, available at < http://www.legalserviceindia.com/legal/article-631-impact-of-artificial-intelligence-on-indian-legal-system.html

[19] Ibid

[20] Stuart J. Russell and Peter Norvig, Artificial Intelligence: A Modern Approach, 2nd edition, Prentice-Hall, USA,2002. ISBN 0-13-790395-2.

[21] C.Valek, ‘Robocops and predicting crime: Dubai Police plan an artificial intelligence future’  <https://www.thenational.ae/uae/robocops-and-predicting-crimedubai-police-plan-an-artificial-intelligence  future-1.698034> accessed 19 March 2020

[22] V. Sharma, ‘Indian police to be armed with big data software to predict crime’  <http://www.newindianexpress.com/nation/2017/sep/23/indian-police-to-bearmed-with-big-data-software-to- predict-crime-1661708.html> accessed 17 March 2020 

[23] J. R. Quain, ‘Crime-predicting A.I. isn’t science fiction. It’s about to roll out in India’  <https://www.digitaltrends.com/cool-tech/could-ai-based-surveillance-predictcrime-before-it-happen s/> accessed 17 March 2020 

[24] Punjab Police receive FICCI Smart Policing Award for 2018, <https://www.adgully.  com/punjab-police-receive- ficci-smart-policing-award-2018-for-pais-78405.html> accessed 17 March  2020

[25] S. Janyala, ‘Hyderabad-based startup launches smart ‘robocop’, named after 26/11 martyr Hemant  Karkare’ <https://indianexpress.com/article/technology/  (accessed 18 March  2020)

[26] D. A. Duce, F. R. Mitchell and P. Turner, The Use of Artificial Intelligence in Digital Forensics: An Introduction, Digital Evidence and Electronic Signature Law Review, Geneva: Pario Communications Limited Publication, 2007 (7) 35-41. ISSN 1756-4611

[27] Dr. Faye Mitchell, The Use of Artificial Intelligence in Digital Forensics: An Introduction, Digital Evidence and Electronic Signature Law Review. Geneva: Pario Communication Limited 2010 (7) 35-41. ISSN 1756- 4611.

[28] Baumes, J.; Goldberg, M.; Hayvanovych, M.; Magdon-Ismail, M.; Wallace, W.; Zaki, M., Finding Hidden Group Structure in a Stream of Communications. Berlin: Springer, 2006. ISBN 978-3-540-34478-0.

[29] Brian Carrier, Defining Digital Forensic examination and Analysis Tools using Abstraction layers.  International Journal of Digital Evidence. Leibinz: Michael Ley, 2003, 1(4), 1-12. ISSN 1742-2876.

[30] Baumes, J.; Goldberg, M.; Hayvanovych, M.; Magdon-Ismail, M.; Wallace, W.; Zaki, M., Finding Hidden Group Structure in a Stream of Communications. Berlin: Springer, 2006. ISBN 978-3-540-34478-0.

[31] Supra

[32] Mark d’Inverno and Michael Luck. Understanding Agent Systems. 2nd ed. Berlin, Ger- many: Springer Series in Agent Technology ,2004. ISBN 3-540-40700-6.

[33] Ibid.

[34] Brian Carrier, Defining Digital Forensic examination and Analysis Tools using Abstraction layers. International Journal of Digital Evidence. Leibinz: Michael Ley, 2003, 1(4), 1-12. ISSN 1742-2876.

[35] Arjit Paul, Mayuri Kiran Anvekar & K. Chandra Sekaran, Cyber Forensics in Cloud Computing. Computer Engineering and Intelligent Systems [online].US: IISTE, 3(2), 29-36

[36] Supra

[37] Abhishek Srivastav, Imran Ali, Network Forensics an Emerging Approach to A Network sis, International Journal of Computer Science and Engineering Technology, India: Transstellar Journal Publications and Research Consultancy Private Limited, Feb 2014 ,5 (2), 118- 123. ISSN 2249-7943.

[38] AIR 1993 Ker. 1

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