A review of cross-border cooperation regulation for digital forensics in LATAM from the soft systems methodology

Abstract

Purpose: Based on this holistic model, the authors propose and analyze seven key issues related to the admissibility of digital media in cross-border trials considering four Latin American countries. Design/methodology/approach: The authors apply the modeling process of the soft systems methodology by Checkland in order to develop a holistic model focused on human situation problems involving digital media and information technology devices or systems. Findings: The authors discuss the status of the identified key issues in each country and offer a perspective on the integration of cross-border work analyzing the contribution of these key issues to the collaboration between countries criminal cases or the use of foreign digital artifacts in domestic trials. Research limitations/implications: In this study, the authors assumed that the problems of official interaction between agencies of different countries are considered solved. However, for future studies or research, the authors recommend that these issues can be considered as relevant, since they are related to cross-border cooperation topics that will necessarily require unavoidable official arrangements, agreements and formalities. Practical implications: This work is aimed at defining and analyzing the key issues that can contribute to the application of current techniques and methodologies in digital forensics as a tool to support the legal framework of each country, considering cross-border trials. Finally, the authors highlight the implications of this study lie in the identification and analysis of the key issues that must be considered for digital forensics as a support tool for the admissibility of digital evidence in cross-border trials. Social implications: The authors consider that digital forensic will have high demand in cross-border trials, and it will depend on the people mobility between the countries considered in this study. Originality/value: This paper shows that the soft systems methodology allows elaborating a holistic model focused on social problems involving digital media and informatics devices.