Can we trust SMS as evidence in the Norwegian Courtroom?
Introduction
Over 90% of document evidence in court today is originally from a digital source. International news headlines
are littered with stories about compromised data security. It should thus come as no surprise that individual
computer users and large international corporations alike go to great lengths to protect their data from outside
access, manipulation, and theft. Yet today, many courts consider digital documents as evidence with little or no
practices for authenticity or provenance of those documents. This liberal approach to considering digital
documents as evidence occurs largely as a function of the rules of evidence that are in place in a particular
jurisdiction.
Therefore, this master thesis proposal principally sets out to identify the strengths and weaknesses of Norwegian
Court System in regards to use of digital evidence stored on mobile phones.
Why knowledge within digital evidence?
Organizations and people enter into legal disputes because of bad management of digital documents such as
SMS, e-mail and text editors. The same documents are used as evidence for accusing people breaking rules,
procedures and the law. Digital evidence and forensics is a very fast growing business today. Knowledge in this
area will be much needed in the near future. With having good knowledge within digital evidence, a wide area of
important and interesting jobs in the national and the international market becomes available.
"Last year KPMG generated revenues of 60 million pounds from its UK forensics division and noted that alongside traditional fraud prevention and detection services - other related services, such as data analytics, are
rapidly expanding as well".
The main question to be answered
SMS messages are largely used as evidence in the Norwegian Court Room as well as traffic logs from the mobile
phone operator(s). The Norwegian Judge Association expresses that in many criminal cases, court decisions
involving illegal use and possessory of drugs, the person(s) indicted are serving a sentence in jail for several
years solely are based on a paper copy (usually on Excel spreadsheet) of SMS messages and related traffic data.
The evidences are presented on paper document to the court by the prosecuting authority. This little or no
practices for authenticity or provenance of those documents represent a great risk and weakening of the legal
safety for the accused ones.
The tasks are broken down in to the following challenges:
1. The main task will be to document and analyze the chain of custody related to the use of evidence on
mobile phones.
2. A vulnerability and risk assessment of the chain of custody is to be completed as a part of (1).
3. Evidence management is the administration and control of evidence related to an event. The police
procedures and legal requirements are to be documented and analyzed.
(1), (2) and (3) are interrelated.
There will be given an introduction in digital evidence, chain of custody and Evidence management. Materials
and relevant information for the task will be handed out to the student(s).
How GSM systems works in regards to handling documents, transactions and information security is a part of a
technical basis to answer the challenges raised in this master thesis proposal.
Although this is a technical master thesis, an introduction to criminal law and law enforcement will be given.
The task is suitable for a group of 1-4 people. Office premises can be arranged if the student(s) desire in Oslo. If
the task to heavy some of the questions to be ansered can be removed or changed.