TY - JOUR
T1 - Legal and technical questions of file system reverse engineering
AU - Stoykova, Radina
AU - Nordvik, Rune
AU - Ahmed, Munnazzar
AU - Franke, Katrin
AU - Axelsson, Stefan
AU - Toolan, Fergus
N1 - Publisher Copyright:
© 2022 Radina Stoykova, Rune Nordvik, Munnazzar Ahmed, Katrin Franke, Stefan Axelsson, Fergus Toolan
PY - 2022/9
Y1 - 2022/9
N2 - Reverse engineering of file systems is indispensable for tool testing, accurate evidence acquisition, and correct interpretation of data structures by law enforcement in criminal investigations. This position paper examines emerging techno-legal challenges from the practice of reverse engineering for law enforcement purposes. We demonstrate that this new context creates uncertainties about the legality of tools and methods used for evidence acquisition and the compliance of law enforcement with obligations to protect intellectual property and confidential information. Further identified are gaps between legal provisions and practice related to disclosure and peer-review of sensitive digital forensic methodology, trade secrets in investigations, and governmental vulnerability disclosure. It is demonstrated that reverse engineering of file systems is insufficiently addressed by legislators, which results in a lack of file system interpretation and validation information for law enforcement and their dependence on tools. Outlined are recommendations for further developments of digital forensic regulation.
AB - Reverse engineering of file systems is indispensable for tool testing, accurate evidence acquisition, and correct interpretation of data structures by law enforcement in criminal investigations. This position paper examines emerging techno-legal challenges from the practice of reverse engineering for law enforcement purposes. We demonstrate that this new context creates uncertainties about the legality of tools and methods used for evidence acquisition and the compliance of law enforcement with obligations to protect intellectual property and confidential information. Further identified are gaps between legal provisions and practice related to disclosure and peer-review of sensitive digital forensic methodology, trade secrets in investigations, and governmental vulnerability disclosure. It is demonstrated that reverse engineering of file systems is insufficiently addressed by legislators, which results in a lack of file system interpretation and validation information for law enforcement and their dependence on tools. Outlined are recommendations for further developments of digital forensic regulation.
KW - Criminal procedure
KW - Digital Forensics
KW - Government Vulnerability Disclosure
KW - Intellectual Property
KW - Reverse Engineering
UR - http://www.scopus.com/inward/record.url?scp=85135877635&partnerID=8YFLogxK
U2 - 10.1016/j.clsr.2022.105725
DO - 10.1016/j.clsr.2022.105725
M3 - Article
AN - SCOPUS:85135877635
SN - 0267-3649
VL - 46
JO - Computer Law & Security Review
JF - Computer Law & Security Review
M1 - 105725
ER -