Digital Forensics in Cybercrime Investigations: Legal and Technical Challenges

Abstract

The rapid proliferation of digital technologies has transformed the nature, scale, and complexity of cybercrime, making digital forensics a cornerstone of modern cybercrime investigations. Digital forensics involves the systematic identification, preservation, analysis, and presentation of digital evidence to support legal proceedings. However, investigators face significant legal and technical challenges that can undermine the effectiveness and admissibility of such evidence. This paper critically examines the dual dimensions of these challenges. On the legal front, issues such as jurisdictional conflicts, cross-border data access, privacy and data protection regulations, chain of custody, and the admissibility of electronic evidence pose persistent obstacles, particularly in cases involving cloud computing and transnational cybercrimes. From a technical perspective, the study highlights difficulties arising from encryption, anonymization technologies, anti-forensic techniques, massive data volumes, heterogeneous devices, and the rapid evolution of cyber tools and platforms. The paper further explores the gap between technological advancements and existing legal frameworks, emphasizing the need for harmonized laws, standardized forensic procedures, and continuous capacity building for investigators and judicial authorities. By synthesizing current practices, case law trends, and emerging technologies, this research underscores the necessity of an integrated legal-technical approach to digital forensics. The findings aim to contribute to policy development, forensic readiness, and the strengthening of cybercrime investigation mechanisms in an increasingly digitalized society.