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SEMINAR COURSE-II REPORT

NAVIGATING THE DIGITAL FRONTIER: UNRAVELING THE CHALLENGES AND


TECHNIQUES OF SOCIAL MEDIA FORENSICS IN THE DIGITAL AGE

Submitted by

AISHA ALI

Student ID- 20183406

B.A. LL.B. (X Semester) (Regular)

FACULTY OF LAW, JAMIA MILLIA ISLAMIA

Submitted to:

DR. MUSADIR FAROOQ

FACULTY OF LAW, JAMIA MILLIA ISLAMIA

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ACKNOWLEDGEMENT

I would like to take this opportunity to express my profound gratitude and deep regard to teacher
Dr. Musadir Farooq, Faculty of Law, Jamia Millia Islamia for her guidance, valuable feedback
and constant encouragement throughout the duration of the report. Her valuable suggestions were
of immense help throughout my research work. Her perspective, constructive criticism kept me
working to make this report in a much better way. Working under her was an extremely
knowledgeable experience for me.

AISHA ALI

20183406

B.A. LL.B. (X Semester)

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CHAPTERISATION
This research paper is divided into six chapters, which are as follows:

CHAPTER-I

Research Methodology

This chapter focuses on the methodology used in conducting the research, including the
approach, data collection methods, and analysis techniques.

CHAPTER-II

The abstract provides a concise summary of the research paper, highlighting its main
objectives, findings, and conclusions.

The introduction provides an overview of the research topic, including its significance
and relevance. It may also outline the research objectives and present an overview of the
subsequent chapters. This chapter also explores the historical background and evolution
of social media forensics, tracing its development over time.

CHAPTER -III

Here, different types of social networking platforms are discussed, highlighting their
features and functionalities relevant to social media forensics.This chapter outlines the
objectives of digital forensic science, including collecting, storing, analyzing, and
preserving information for legal purposes.The various stages and processes involved in
digital forensic science are discussed in this chapter, providing an understanding of the
overall workflow.This chapter explores the scenarios and situations where social media
can be valuable in investigations, highlighting its potential impact on gathering
evidence.

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CHAPTER-IV

Different methods and techniques for preserving digital evidence, particularly from
social media platforms, are discussed in this chapter. The process of obtaining social
media evidence from service providers is outlined, addressing the legal and technical
aspects involved. The three fundamental stages of social media forensics: evidence
identification, collection, and examination, providing insights into each stage

The specific techniques and practices related to collecting evidence from social media
platforms are explored in this chapter. This chapter delves into the core principles and
methodologies that form the foundation of digital forensic science. Significance of
Digital Forensic Science in the Context of Criminal Investigations, Legal Proceedings,
and the Pursuit of Justice Here, the importance of digital forensic science in criminal
investigations, legal proceedings, and the pursuit of justice is discussed, highlighting its
role in supporting legal systems. Different types of social media crimes are examined in
this chapter, covering various offenses and illegal activities that occur on social
networking platforms.

CHAPTER-V

This chapter discusses the admissibility of media evidence in legal proceedings,


addressing the factors that determine its acceptance in courts. Relevant case laws that
have recognized social media as a valid source of evidence are presented and analyzed
in this chapter.

CHAPTER -VI

Challenges of Forensic Analysis of Social Networking Applications on Mobile Devices

The specific challenges and complexities associated with forensic analysis of social
networking applications on mobile devices are explored in this chapter. This chapter
focuses on the unique challenges and issues faced in the context of social media
forensics in India, considering legal, technological, and operational aspects.

The conclusion chapter summarizes the key findings, implications, and contributions of
the research, as well as provides recom

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TABLE OF CONTENTS

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SR. NO. TOPIC PAGE NO.

1. RESEARCH METHODOLOGY 9
2. ABSTRACT 11
3. INTRODUCTION 13
4. HISTORICAL DEVELOPMENT OF SOCIAL MEDIA FORENSICS 14

5. TYPE OF SOCIAL NETWORKING PLATFORMS 17

7. OBJECTIVE OF DIGITAL FORENSIC SCIENCE 21

7.1 COLLECTING INFORMATION FROM SOCIAL 21


NETWORKING

7.2 STORING 21

7.3 ANALYZING 22

7.4 PRESERVING THE INFORMATION FOR 22


FIGHTING A CASE
10. PROCESS INVOLVED IN DIGITAL FORENSIC SCIENCE 23

11. SITUATIONS WHERE SOCIAL MEDIA IS USEFUL IN 23


INVESTIGATIONS

11. METHODS OF PRESERVING EVIDENCE 23

12. PROCESS FOR OBTAINING SOCIAL MEDIA EVIDENCE FROM 24


PROVIDER

13. THE THREE BASIC STAGES OF SOCIAL MEDIA 24


FORENSICS
13.1 Evidence Identification
13.2 Collection
13.3 Examination
14. EVIDENCE COLLECTION IN SOCIAL MEDIA FORENSICS 26

15. FUNDAMENTAL PRINCIPLES THAT UNDERPIN DIGITAL 28


FORENSIC METHODOLOGIES

16. SIGNIFICANCE OF DIGITAL FORENSIC SCIENCE IN THE 28


CONTEXT OF CRIMINAL INVESTIGATIONS, LEGAL
PROCEEDINGS, AND THE PURSUIT OF JUSTICE
17. SOCIAL NETWORKING PLATFORMS OFFERS A LUCRATIVE 31
PLATFORM FOR EXECUTING SOCIAL MEDIA CRIMES

18. TYPES OF SOCIAL MEDIA CRIME 32

19. ADMISSIBILITY OF THE MEDIA EVIDENCES 35

20. CASE LAWS RELATED TO RECOGNITION OF SOCIAL MEDIA 36


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21. CHALLENGES OF FORENSIC ANALYSIS OF SOCIAL 41
NETWORKING APPLICATIONS ON MOBILE DEVICES

22. CHALLENGES TO SOCIAL MEDIA FORENSICS IN INDIA 42


JAMIA MILLIA ISLAMIA

LIST OF CASES

 RAM SINGH & ORS V COL. RAM SINGH, 3 1985 SCR Supl. (2) 399.

 SHREYA SINGHAL V. UNION OF INDIA, AIR 2015 SC 1523.

 R.V. SRINIVASAN V. GOVT. OF TAMIL NADU (2010),

 NAVEEN KUMAR V. STATE 2018 SC 983/MANU/SC/0077/2018.

 ANIRUDDHA BAPUJI V. STATE OF MAHARASHTRA,

 RAVIKANT S. PATIL V. SARVABHOUMA S. BAGALI (2017)

 MAHESH BHATT V. UNION OF INDIA, 2008 BusLR 366 Del

 AJIT MOHAN V. LEGISLATIVE ASSEMBLY, NCT OF DELHI (2021).

 KEDAR NATH YADAV V. STATE OF WEST BENGAL (2021)

 ANVAR P.V. V. P.K. BASHEER (2014)

 SHAFHI MOHAMMAD V. STATE OF HIMACHAL PRADESH (2018).

 VIKRAM SINGH V. STATE OF PUNJAB, (2010) 3 SCC 56

 SHABNAM SHAIKH V. STATE OF MAHARASHTRA (2019)

 DHARAMBIR SINGH V. CENTRAL BUREAU OF NARCOTICS, 148 (2008) DLT 289.

 ARJUN PANDITRAO KHOTKAR V. KAILASH KUSHANRAO GORANTYAL AND

OTHERS, (2020) 7 SCC 1.

 SONU V. STATE OF HARYANA (2017),

 STATE OF MAHARASHTRA V. VIJAY HIRE, SLP(C) 28306 OF 2017.

 SREEKANTH B.N. V. STATE OF KARNATAKA(2018).

 VINOD BANSAL V. UNION OF INDIA (2020)

 PRATHVI RAJ CHAUHAN V. STATE OF RAJASTHAN (2020) SCC OnLine SC 159.

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JAMIA MILLIA ISLAMIA

ABBREVIATION

&.........................................................................................................And.

Acc ................................................................................................ According.

AIR..................................................................................... All India Reporter.

Anr.................................................................................................Another.

Art.....................................................................................................Article.

Etc...................................................................................................et cetera.

M. P.......................................................................................Madhya Pradesh.

Ors...................................................................................................Others.

P.g......................................................................................................Page.

S. no..........................................................................................Serial number.

SC..........................................................................................Supreme Court.

SCC..................................................................................Supreme Court Case.

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RESEARCH QUESTION

1. How can social media evidence best be presented in court?


2. How can investigators overcome the difficulties of identifying and connecting specific
users to their activities on social media platforms during forensic investigations?
3. What are the best methods and techniques that investigators can use to collect and
analyze digital evidence from social media platforms in a way that follows proper
forensic procedures?
4. What are the legal and ethical considerations when using social media data as evidence in
legal cases, and how can investigators make sure they follow the rules and regulations?

RESEARCH OBJECTIVE

The objective of this research paper is to examine the emerging challenges, methodologies,
and best practices in social media forensics within the broader field of digital forensics. It
aims to provide a comprehensive understanding of the unique aspects of social media
platforms and their impact on digital forensic investigations. The paper seeks to explore the
complexities of collecting, preserving, and analyzing digital evidence from social media
sources while considering the legal and ethical implications. Additionally, the research aims
to identify and evaluate the potential applications of emerging technologies, such as machine
learning and natural language processing, in enhancing social media forensic practices.
Ultimately, the goal is to contribute to the advancement of knowledge and practical
approaches in social media forensics, enabling investigators to effectively navigate the
dynamic digital landscape and leverage social media as a valuable source of digital evidence.

METHODOLOGY:

To conduct this literature review, a comprehensive search was performed across academic
databases. The following keywords were used in various combinations: "social media
forensics," "social media analysis," "social media investigations," "online forensic analysis,"
and "social network forensics." The Research Paper has given emphasis on substantive law
rules, doctrines, concepts and judicial pronouncements. The study has been organized around

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legal proposition and judicial pronouncement on the legal proposition of the courts, Statutes,
and other legal materials such as International Conventions, etc. The authors had tried to
collect various reports by scholars on the study of non- consensual medical treatment and
other incidental report. The author has also used various e-books, Journals and Articles for
reference. The research is primarily an analytical and descriptive study.

RESEARCH HYPOTHESIS

The advancements in social media platforms present unique challenges in digital forensic
investigations, requiring investigators to adapt their methodologies and utilize innovative
techniques to effectively collect, preserve, and analyze digital evidence from social media
sources. Furthermore, the integration of emerging technologies, such as machine learning and
natural language processing, has the potential to enhance the efficiency and accuracy of social
media forensic practices, ultimately improving the investigative outcomes.

LITERATURE REVIEW

1. Haggerty, K. D., & Wells, K. (2013). Analyzing Social Media Data for Investigative
Purposes. Journal of Digital Forensics, Security and Law, 8(4), 9-24.

This article provides an overview of the challenges and methodologies involved in analyzing
social media data for investigative purposes. It discusses the extraction and preservation of
social media evidence, metadata analysis, and the role of social network analysis in
identifying connections and patterns.

2. Lin, P. Y., & Chang, F. R. (2015). Investigating Cybercrime on Social Networking Sites: A
Data Mining Approach. Information Systems Management, 32(3), 246-259.

The authors propose a data mining approach to investigate cybercrimes on social networking
sites. The study focuses on identifying suspicious user activities, classifying malicious
accounts, and detecting anomalous behaviors using various data mining techniques.

3. Zubiaga, A., Liakata, M., Procter, R., & Bontcheva, K. (2016). Analysing How People
Orient to and Spread Rumours in Social Media by Looking at Conversational Threads.
PLoS ONE, 11(3), e0150989.

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This research explores the spread of rumors on social media platforms and analyzes the
conversational threads to understand how people orient to and propagate rumors. The study
leverages natural language processing techniques to analyze social media content and
identify key characteristics of rumor propagation.

4. Shu, K., Wang, S., Tang, J., & Liu, H. (2017). Fake News Detection on Social Media: A
Data Mining Perspective. ACM SIGKDD Explorations Newsletter, 19(1), 22-36.

The authors discuss the challenges associated with fake news detection on social media
platforms and propose data mining approaches to identify and classify fake news. The article
highlights the importance of features such as linguistic patterns, user behavior, and social
network characteristics in detecting fake news.

5. Purohit, H., Castillo, C., Sheth, A., & Cha, M. (2018). Cybersecurity Threats on Social
Media. Communications of the ACM, 61(12), 78-89.

This article provides an overview of cybersecurity threats originating from social media
platforms. It discusses various types of attacks, including phishing, malware propagation, and
social engineering, and explores the methods and tools used to analyze and mitigate these
threats.

Social media forensics is an emerging field that presents unique challenges due to the vast
amount of data generated on social media platforms. The reviewed literature demonstrates
the importance of effective methodologies, data mining techniques, natural language
processing, and social network analysis in investigating cybercrimes, detecting fake news,
and analyzing rumors. Future research in this area should

RESEARCH PROBLEM

With the increasing ubiquity and influence of social media platforms, digital forensic
investigators face significant challenges in effectively collecting, preserving, and analyzing
digital evidence from these platforms. The dynamic nature of social media, the complexities of
user interactions, and the evolving technologies employed by platforms present unique obstacles

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for investigators. This research aims to address the problem of how to navigate and overcome
these challenges in order to maximize the value of social media as a rich source of digital
evidence for forensic investigations. By exploring the evolving landscape of social media
platforms, analyzing the impact of platform features and updates, considering legal and ethical
considerations, and evaluating analytical techniques and tools, this research seeks to contribute to
the development of effective methodologies and best practices in social media forensics.

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NAVIGATING THE DIGITAL FRONTIER: UNRAVELING THE


CHALLENGES AND TECHNIQUES OF SOCIAL MEDIA FORENSICS IN
THE DIGITAL AGE

ABSTRACT
With the exponential growth of social media platforms, there has been an increased need for
digital forensic investigators to adapt their methodologies to address the unique challenges posed
by social media forensics. Social media platforms have become an integral part of modern
communication, enabling users to share and interact with vast amounts of information.
Consequently, these platforms have become potential sources of valuable digital evidence in
various criminal and civil investigations.

This research paper explores the evolving landscape of social media platforms and its impact on
digital forensic investigations. It delves into the challenges faced by investigators in collecting,
preserving, and analyzing digital evidence from social media sources. Key areas of focus include
privacy settings, data integrity, user identification, content tampering, and the ever-changing
dynamics of online social interactions.

This paper reviews the existing methodologies and techniques employed in social media
forensics, such as data acquisition, timeline reconstruction, and sentiment analysis. It also
explores emerging trends and technologies that may shape the future of social media forensics,
including the use of machine learning and natural language processing for automated analysis of
social media content.

By understanding the challenges and opportunities presented by social media forensics,


investigators can enhance their capabilities to effectively extract digital evidence, establish the
authenticity and integrity of collected data, and attribute actions to specific individuals or groups.
The insights gained from this research will contribute to the advancement of social media
forensic practices, ultimately strengthening the ability to investigate and mitigate digital crimes
occurring within the realm of social media platforms.

KEYWORDS: social media forensics, digital forensics, digital evidence, data acquisition.

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INTRODUCTION
In recent years, the widespread adoption of social media platforms has transformed the way
people communicate, share information, and interact online. Social media platforms have
become an integral part of modern society, providing individuals with a platform to express
themselves, connect with others, and engage in various forms of online activities. However,
along with the benefits and opportunities offered by these platforms, there is also an emerging
need for digital forensic investigators to adapt their methodologies and techniques to address the
unique challenges posed by social media forensics.

Precisely known as social media forensics or social network forensics, it focuses on retrieval of
electronic evidence from social networking activities. Such evidence often plays a crucial role in
the conviction or acquittal of a suspect.

Social media forensics involves the application of cyber investigation and digital analysis
techniques for:

 Collecting information from social networking platforms such as Facebook, Twitter,


LinkedIn etc.
 Storing,
 Analyzing, and
 Preserving the information for fighting a case in the court of law

Social Media Forensics is basically about locating the source of electronic evidence. This is
accompanied by collecting it in an unhampered way while complying with all laws.

Furthermore, social media platforms present unique challenges when it comes to user
identification and attribution. Unlike traditional forms of communication, where individuals may
use pseudonyms or aliases, social media platforms often require users to create accounts tied to
their real identities. However, the dynamic nature of online interactions and the possibility of
fake or compromised accounts can complicate the process of accurately identifying and
connecting specific users to their activities on social media.

The legal and ethical considerations surrounding the use of social media data as evidence in legal
proceedings also add another layer of complexity. Investigators must carefully navigate the rules

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and regulations regarding the admissibility and authenticity of social media evidence, ensuring
that the data is collected and preserved in a manner that meets legal standards and respects
privacy rights. Advancements in technology, such as machine learning and natural language
processing, hold promise for automating the analysis of social media content in forensic
investigations. These technologies can assist investigators in processing and categorizing large
volumes of social media data, extracting relevant information, and identifying patterns or
anomalies that may be crucial to a case.

In light of these challenges and opportunities, this research paper aims to explore the evolving
landscape of social media platforms and its impact on digital forensic investigations. It will delve
into the methodologies, techniques, legal considerations, and emerging technologies within the
field of social media forensics. By gaining a deeper understanding of these aspects, investigators
can enhance their ability to effectively extract and analyze digital evidence from social media
platforms, contributing to the advancement of social media forensic practices.1

HISTORICAL DEVELOPMENT OF SOCIAL MEDIA FORENSICS

The historical development of social media forensics in India can be traced back to the
increasing adoption of social media platforms and the subsequent recognition of their
significance in criminal investigations and intelligence gathering. Here is an overview of the
historical development of social media forensics in India:

Emergence of Social Media: Social media platforms gained popularity in India during the early
to mid-2000s, with platforms like Orkut and Facebook being widely used. The growth of social
media platforms led to a surge in user-generated content, interactions, and the sharing of
information online.

Recognition of Social Media as a Source of Evidence: Law enforcement agencies and the
judiciary in India began to recognize the potential value of social media as a source of evidence
in criminal investigations. Courts started acknowledging social media posts, messages, and
photos as admissible evidence in legal proceedings.2

1
Powell, A., & Haynes, C. (2020). Social Media Data in Digital Forensics Investigations. In Digital Forensic
Education (pp. 281-303). Springer, Cham.
2
Kemp, Simon. (2019). ‘Digital 2019: Q3 Global Digital Statshot’. Available at:
https://datareportal.com/reports/digital-2019-q3-global-digital-statshot (Accessed: 12th May 2023)

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Establishing Cyber Crime Cells: With the rise in cybercrime incidents, including those involving
social media platforms, law enforcement agencies established specialized cyber crime cells to
handle digital crimes. These units started focusing on investigating and collecting evidence from
social media platforms in cases related to cyber harassment, online fraud, defamation, and other
offenses.

Legal Framework for Digital Forensics: India has developed a legal framework to govern digital
forensics, including social media forensics. The Information Technology (IT) Act, 2000, and its
subsequent amendments provide the legal basis for investigating cybercrimes, including those
involving social media platforms.

Training and Capacity Building: Various law enforcement agencies, private organizations, and
educational institutions in India started offering training programs and workshops on digital
forensics, including social media forensics. These initiatives aimed to enhance the skills of
investigators in collecting, preserving, and analyzing digital evidence from social media
platforms.3

Research and Case Studies: Researchers and academics in India have conducted studies and
published papers on social media forensics, highlighting its importance, challenges, and
emerging trends. These research efforts contribute to the knowledge base and understanding of
social media forensics within the Indian context.

Collaborations with Social Media Platforms: Law enforcement agencies in India have
established collaborations and partnerships with social media platforms to streamline the process
of collecting evidence and requesting user data. These collaborations have facilitated faster and
more efficient investigations into cybercrimes and other offenses involving social media
platforms.

The rise of cyber threats and the need for effective incident response further propelled the
development of digital forensic science. Cybersecurity incidents, such as data breaches and
cyberattacks, highlighted the importance of forensic analysis to identify the source of attacks,
assess the extent of compromise, and gather evidence for prosecution.

3
Steel, E. (2010, March 29). Nestlé Takes a Beating on Social-Media Sites. The Wall Street Journal, p. B5.

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The proliferation of smartphones and social media platforms introduced new dimensions to
digital forensic science. The widespread use of mobile devices and social media expanded the
scope of digital evidence, necessitating the development of techniques and tools to extract and
analyze data from these platforms. Mobile and social media forensics emerged as specialized
areas within digital forensic science.4

TYPE OF SOCIAL NETWORKING PLATFORMS

We all know what social media is. But, what most don’t know is that Facebook, Instagram,
Twitter, Snapchat and WhatsApp are not the only social media platforms. The classification of
social media platforms is on the basis of its primary objective of use Following are the different
types of social networking platforms.5

1. Social Networks

Also sometimes called “relationship networks, social networks enable people and organizations
to connect online for exchanging information and ideas.

Use: To associate with people and brands virtually.

Examples: Facebook, Twitter, WhatsApp, LinkedIn

2. Media Sharing Networks

Media sharing networks enable users and brands to search and share media online. This includes
photos, videos, and live videos.

Use: To search for and share photos, videos, live videos, and other forms of media online.

Examples: Instagram, Snapchat, YouTube

3. Discussion Forums

4
Nikolaidou, A., Lazaridis, M., Semertzidis, T., Axenopoulos, A., & Daras, P. Forensic Analysis of Heterogeneous
Social Media Data.
5
Yusoff, M. N., Dehghantanha, A., & Mahmod, R. (2017). Forensic Investigation of Social Media and Instant
Messaging Services in Firefox OS: Facebook, Twitter, Google+, Telegram, OpenWapp and Line as Case Studies.
Contemporary Digital Forensic Investigations of Cloud And Mobile Applications, 41-62.

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One of the oldest types of social media platforms, discussion forums are an excellent repertoire
for market research. They provide a wide range of information and discussion on various
subjects.

Use: Serves as a platform to search, discuss, and exchange information, news, and opinions.

Examples: Reddit, Quora, Digg

4. Bookmarking and Content Curation Networks

Such social networking platforms enable people to explore and discuss trending media and
content. These platforms are the epicenter of creativity for those seeking new ideas and
information.

Use: To explore, save, exchange, and discuss new and trending content and media.

Examples: Pinterest, Flipboard

5. Consumer Review Networks

Consumer review networks enable people to express their opinions/experiences about products,
services, brands, places and everything else under the sun!

Use: To search, review, and share opinions/information about brands, restaurants, products,
services, travel destinations, etc.

Examples: Yelp, Zomato, TripAdvisor

6. Blogging and Publishing Networks

Blogging/publishing networks serve as a platform for publishing online content in a way that
facilitates discovery, commenting and sharing. Publishing platforms consist of traditional
blogging platforms such as Blogger and WordPress, microblogging platforms such as Tumblr,
and even interactive platforms such as Medium.

Use: To publish, explore, and comment on content online.

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Examples: WordPress, Tumblr, Medium

7. Sharing Economy Networks

It is also known as ‘collaborative economy network’. These networks enable people to connect
online for advertising, finding, sharing, trading, buying and selling of products and services
online.

Use: To find, advertise, share, and trade products and services online.

Examples: Airbnb, Uber, Task rabbit

8. Anonymous Social Networks

As the name itself states, such social networks enable users to share content anonymously. Thus,
miscreants are increasingly misusing such platforms for cyberbullying.

Use: To anonymously spy, vent, gossip, and sometimes bully.

Examples: Whisper, Ask.fm, After School

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OBJECTIVE OF DIGITAL FORENSIC SCIENCE

The objective of social media forensic investigations can vary depending on the specific context
and goals of the investigation. However, some common objectives of social media forensic
analysis include:6

Identification and Attribution: The primary objective of social media forensic investigations is
to identify individuals or entities involved in specific activities or events on social media
platforms. This includes determining the authenticity of user accounts, linking online personas to
real-world individuals, and attributing actions or content to specific individuals or groups.

Evidence Collection: Social media forensic investigations aim to collect relevant and admissible
evidence from social media platforms. This involves gathering information such as posts,
comments, messages, images, videos, and other digital artifacts that can provide valuable
insights, establish facts, or support legal proceedings.

Preservation and Integrity: Social media forensic investigations focus on preserving digital
evidence in a forensically sound manner to ensure its integrity and admissibility in legal
proceedings. This includes maintaining a proper chain of custody, documenting the methods
used for evidence collection, and adhering to digital forensic best practices.

Analysis and Reconstruction: Social media forensic experts analyze collected evidence to
reconstruct events, timelines, and user activities on social media platforms. This analysis can
provide insights into relationships, patterns of behavior, communication networks, and potential
motives behind certain actions.

Corroboration and Verification: Social media forensic investigations aim to corroborate or


verify information or claims made on social media platforms. This involves cross-referencing
social media content with other forms of evidence, such as witness statements, physical
evidence, or digital data from other sources, to establish the accuracy and credibility of the
information.

6
Yusoff, M. N., Dehghantanha, A., & Mahmod, R. (2017). Forensic investigation of social media and instant
messaging services in Firefox OS: Facebook, Twitter, Google+, Telegram, OpenWapp, and Line as case studies. In
Contemporary Digital Forensic Investigations Of Cloud And Mobile Applications (pp. 41-62). Syngress.

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Detection and Prevention of Criminal Activities: Social media forensic investigations


contribute to the detection and prevention of various types of criminal activities taking place on
social media platforms. This includes identifying cyberbullying, harassment, fraud, hate speech,
terrorism-related activities, and other forms of illegal behavior.7

PROCESS INVOLVED IN DIGITAL FORENSIC SCIENCE

The process of social media forensics involves several steps to effectively collect, analyze, and
present digital evidence from social media platforms. While the specific steps may vary
depending on the nature of the investigation and available tools, here is a general overview of the
process involved in social media forensics:

Identification: The first step is to identify the social media platforms relevant to the
investigation. This includes determining the specific platforms used by the individuals involved
and understanding their functionalities and features.

Preservation: Once the relevant platforms are identified, the preservation of digital evidence is
crucial. This involves capturing and documenting the state of the social media content, including
posts, comments, messages, images, and profiles. It may include taking screenshots, creating
backups, or using specialized tools for data preservation.

Collection: The next step is to collect the digital evidence from the identified social media
platforms. This can be done by obtaining the necessary legal authorization, such as a search
warrant or court order, to access and retrieve the required information. Social media APIs
(Application Programming Interfaces) or specialized forensic tools may be used to extract data
efficiently.8

Examination and Analysis: Once the evidence is collected, it is examined and analyzed to
identify relevant information and establish connections. This involves examining the metadata
associated with the social media content, such as timestamps, geolocation data, and user
interactions. Advanced analysis techniques and tools may be employed to identify patterns,
relationships, and potential insights from the collected data.
7
Sindhu, K. K., & Meshram, B. B. (2012). Digital Forensics and Cyber Crime Datamining. Journal of Information
Security, 3, 196-201. doi:10.4236/jis.2012.33024
8
Stewart, D. W., & Kamins, M. A. (1993). Secondary Research: Information sources and methods (2nd ed.).
London: SAGE Publications.

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Validation and Authentication: It is crucial to validate and authenticate the collected evidence
to ensure its integrity and reliability. This involves verifying the authenticity of social media
accounts, validating the integrity of the collected data, and documenting the forensic process
followed to maintain the chain of custody.

Interpretation and Reporting: The findings and interpretations of the analyzed social media
evidence are documented in a clear and concise manner. A comprehensive report is prepared,
detailing the relevant information, connections, and conclusions drawn from the analysis. The
report may be presented as evidence in legal proceedings or used for internal investigative
purposes.9

Collaboration and Cooperation: Social media forensic investigations often require


collaboration and cooperation with relevant stakeholders. This can include coordination with law
enforcement agencies, legal experts, and other professionals with expertise in social media
forensics. Sharing information, expertise, and resources can enhance the effectiveness of the
investigation.

Throughout the process, it is important to adhere to legal and ethical guidelines, maintain the
integrity of the evidence, and ensure the privacy rights of individuals involved. Continuous
learning and staying updated with emerging trends, technologies, and legal developments in
social media forensics are essential to conducting effective and legally sound investigations.

SITUATIONS WHERE SOCIAL MEDIA IS USEFUL IN INVESTIGATIONS

There are different instances where social media is useful in investigations. Digital forensics uses
social media as a source of information when performing investigations regarding pre-employee
screenings or internal investigations relating to current or former employees. During these
investigations, investigators look for clues to ascertain specific evidence relating to possibly
fraudulent acts, theft of data, or even gross misconduct (“Corporate Forensic Investigations,”
2020). During these investigations, investigators analyze photographs, IP addresses, social media
posts, direct messages, and group messages. Also, investigators may use social media for
investigations of misconduct during protests. Today, social media platforms like Facebook allow

9
Tsikerdekis, M., & Zeadally, S. (2014, September). Online Deception in Social Media.uky.edu:
https://uknowledge.uky.edu/cgi/viewcontent.cgi?article=1013&context=slis_facpub

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individuals to share live videos. This increases the chances of capturing misconduct during
protests, thus offering investigators clues. Equally important, social media offers a clue into a
missing person10 Snapchat, for example, can provide an individual’s location. However,
investigators must have a search warrant or adopt an open-source investigation to ensure they do
not breach people’s privacy rights.11

METHODS OF PRESERVING EVIDENCE

Social media evidence can be preserved in different formats to ensure they remain accurate and
thus admissible in court. One of the easiest methods of preserving social media evidence is
taking screenshots or screen capture (“Best Practices for Preserving Social Media Evidence,”
2018). Specifically, this involves using software to photograph what is currently displayed on the
device. However, screenshots as a preservation method are limited as it fails to capture dynamic
content and page code metadata showing ownership of the content. Evidence can also be stored
in the file metadata. Metadata helps tie the user to the evidence collected. Different social media
platforms provide metadata fields that capture creation time and date, names of recipients of a
message, application, and device used, and the user’s account ID (“Best Practices for Preserving
Social Media Evidence,” 2018). Documenting all these in file metadata allows easy preservation
for future use. However, a warrant must be sought before accessing metadata to ensure they are
admissible in court.12

PROCESS FOR OBTAINING SOCIAL MEDIA EVIDENCE FROM


PROVIDER

The process starts with the drafting and submission of a legal request, where investigators ask the
provider to provide access to some information. Here, the investigator provides an applicable
legal authority, such as a court order to support their request (United Nations Office on Drugs
and Crime [UNODC]. Also, a description of the information about the evidence sought after, for
example, the type of evidence, timeframe, and the particular social media, is provided. After
receiving the request, the provider reviews it to determine whether it is valid. If valid, the

10
(Howlings & Solymosi, 2023).
11
(Trottier, 2015, cited in Howlings & Solymosi, 2023).
12
Sindhu, K. K., & Meshram, B. B. (2012). Digital Forensics and Cyber Crime Datamining. Journal of Information
Security, 3, 196-201. doi:10.4236/jis.2012.33024.

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provider provides evidence and submits it to the investigators. Following this, the investigators
thoroughly analyze the evidence to get evidence relevant to their case.

THE THREE BASIC STAGES OF SOCIAL MEDIA FORENSICS

Social media forensics has three basic stages for the extraction, preservation, and analysis of
electronic evidence.

1. Evidence Identification

This step involves a thorough inspection of the crime scene to locate any hardware or software
that is worthy of collection. It also includes conducting a basic search to identify all social
networking accounts linked to the subject. Additionally, a search of all of the subject’s families,
friends and associated on social media. A forensic examiner needs to precisely document all
sources of evidence along with how and when they found it.

2. Collection

Forensic investigators use various methods to collect electronic evidence. Following are the
methods for social media evidence collection.

 Manual documentation
 Screen scrape/Screenshot
 Open source tools (HTTrack)
 Commercial tool (X1)
 Web service (Page freezer)
 Forensic recovery
 Content subpoena

Furthermore, different social media forensic tools kits are available for the logical acquisition of
evidence on smartphones. The logical acquisition involves capturing a logical image of all files
on the smartphone’s internal memory. The files are then analyzed for evidence of various
activities.

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C. Examination (Organization)

The files obtained during the logical acquisition requires specific tools for decoding and viewing
of their contents. Once decoded, they provide a vast amount of user data such as call history, sent
and received SMS, calendar events, and address book entries. For social media forensics
examiners, they provide a huge bank of social networking footprints. These artifacts are then
examined and correlated to the actual case in hand.

Facebook Artifacts: Activity logs, Facebook archives, profile information, places visited,
locations and geo-locations, friends and family, applications, pages, groups, interests, text and
links, the timestamp of all activities, details of friends engaged in active chat sessions with the
subject and much more.

Twitter Artifacts: User information, tweets posted, timestamps of the poster tweets, records of
people followed by the subject and their tweets along with timestamps.

EVIDENCE COLLECTION IN SOCIAL MEDIA FORENSICS

The simplest method of evidence collection in social media forensics is a manual collection. It
uses basic techniques such as visiting a website and/or taking a screenshot and is quite time-
consuming. On the contrary, open source tools and other commercial forensic tools offer a
quicker gathering and extraction of evidence. Additionally, since investigators often deal with a
lot of live content, they also use content archiving to preserve the nature of the evidence.

Above all, e-discovery or evidence collection needs to in compliance with the terms of service
agreement. Every social networking platform has specified terms and conditions that define the
nature of the information that an investigator can collect and manipulate. Such conditions often
inhibit investigations since the defense may cite breach of terms of service to dishonor the
evidence.

FUNDAMENTAL PRINCIPLES THAT UNDERPIN DIGITAL FORENSIC


METHODOLOGIES

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Several fundamental principles underpin social media forensic methodologies. These principles
guide the process of collecting, analyzing, and presenting digital evidence from social media
platforms. Here are some key principles:

INTEGRITY: The principle of integrity emphasizes the need to maintain the integrity of digital
evidence throughout the forensic process. It involves ensuring that the evidence remains
unchanged and unaltered from the time of collection to its presentation in court. Strict adherence
to standardized procedures and documentation of all actions taken are essential to uphold the
principle of integrity.

AUTHENTICITY: The principle of authenticity relates to establishing the authenticity of


digital evidence. It involves verifying the origin, integrity, and reliability of the evidence to
prove its validity. Proper documentation of the forensic process, including chain of custody,
verification of sources, and validation of digital artifacts, helps establish the authenticity of social
media evidence.13

VOLATILITY: The principle of volatility recognizes the ephemeral nature of digital evidence,
particularly in the context of social media. Social media content can be easily modified, deleted,
or manipulated. Forensic methodologies must account for the dynamic nature of social media
platforms and employ techniques to capture and preserve evidence before it is lost or altered.

RELEVANCE: The principle of relevance highlights the importance of focusing on relevant


digital evidence that is related to the investigation. Investigators must identify and collect only
the data that is pertinent to the case, ensuring the efficient use of resources and avoiding
unnecessary intrusion into individuals' privacy.

PRIVACY AND LEGAL COMPLIANCE: Privacy and legal compliance are crucial principles
in social media forensic methodologies. Investigators must operate within the legal frameworks
and guidelines governing digital evidence collection, ensuring that privacy rights are respected
throughout the process. Any evidence obtained must adhere to the principles of legality and
admissibility in court.

13
Soltani, S., & Seno, S. A. H. (2017, October). A survey on digital evidence collection and analysis. In 2017 7th
International Conference on Computer and Knowledge Engineering (ICCKE) (pp. 247-253). IEEE

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DOCUMENTATION AND REPORTING: Thorough documentation and clear reporting are


essential principles in social media forensic methodologies. Every step of the forensic process,
including evidence collection, analysis, and interpretation, should be accurately documented to
ensure transparency and facilitate the reproducibility of results. Comprehensive reports should be
prepared, outlining the methodology, findings, and conclusions drawn from the analysis of social
media evidence.14

CONTINUOUS LEARNING AND ADAPTATION: The field of social media forensics is


constantly evolving due to advancements in technology and changes in social media platforms.
Forensic practitioners must adhere to the principle of continuous learning, keeping up with
emerging trends, techniques, and tools. Regular training and professional development are
essential to stay updated and adapt forensic methodologies to new challenges.

By following these fundamental principles, social media forensic methodologies can ensure the
integrity, authenticity, relevance, and legality of the digital evidence collected, contributing to
reliable and admissible evidence in criminal investigations and legal proceedings.

SIGNIFICANCE OF DIGITAL FORENSIC SCIENCE IN THE CONTEXT OF


CRIMINAL INVESTIGATIONS, LEGAL PROCEEDINGS, AND THE PURSUIT OF
JUSTICE

Digital forensic science plays a significant role in criminal investigations, legal proceedings, and
the pursuit of justice by providing crucial evidence, uncovering hidden information, and
supporting the decision-making process. Its significance can be understood in the following
ways:

Identification and Preservation of Digital Evidence: Digital forensic science helps in


identifying, collecting, and preserving digital evidence related to criminal activities. This
includes data from computers, mobile devices, networks, and digital storage media. Digital
evidence often plays a critical role in establishing the elements of a crime, identifying suspects,
and linking individuals to criminal activities.
14
Arshad, H., Jantan, A., & Omolara, E. (2019). Evidence collection and forensics on social networks: Research
challenges and directions. Digital Investigation.

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Recovery and Analysis of Deleted or Altered Data: Digital forensic techniques enable the
recovery and analysis of deleted, hidden, or altered data. Investigators can uncover information
that perpetrators may have attempted to conceal, providing valuable insights into criminal intent,
actions, and associations. This can include recovering deleted files, examining web browsing
history, or retrieving communication records.

Establishing Timelines and Reconstruction of Events: Digital forensic experts can reconstruct
timelines of events by analyzing digital artifacts such as timestamps, logs, and metadata. This
enables the establishment of a chronological sequence of activities, helping investigators
understand the sequence of events leading up to a crime, tracking the movement of suspects, and
identifying key witnesses.

Corroborating or Challenging Witness Testimony: Digital evidence can corroborate or


challenge witness testimony in legal proceedings. For example, call logs, text messages, or social
media posts may provide additional evidence that supports or contradicts statements made by
witnesses. This helps in assessing the credibility of witnesses and providing a more
comprehensive picture of the events in question.

Identification and Attribution of Cybercrimes: Digital forensic science is crucial in


investigating cybercrimes such as hacking, identity theft, or financial fraud. It enables the
identification and attribution of digital footprints left by perpetrators, tracing their online
activities, and establishing their involvement in the crime. This information is essential in
building a strong case, prosecuting offenders, and deterring future cybercrimes.

Expert Testimony and Presentation of Evidence: Digital forensic experts often provide expert
testimony in legal proceedings, presenting their findings, analysis, and interpretations of digital
evidence. Their expertise helps in explaining complex technical concepts to the court, enabling
judges and juries to understand the significance and implications of digital evidence. Expert
testimony enhances the credibility and weight given to digital evidence in the pursuit of justice. 15

Supporting the Prosecution or Defense: Digital forensic science can support both the
prosecution and the defense in criminal cases. While it is commonly associated with the
15
Zainudin, N. M., Merabti, M., & Llewellyn-Jones, D. (2011). Online social networks as supporting evidence: A
digital forensic investigation model and its application design. In 2011 international conference on research and
innovation in information systems (pp. 1-6).

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prosecution, digital forensic experts can also assist the defense by examining the validity or
reliability of digital evidence, identifying potential errors or biases, and challenging the
prosecution's claims. This ensures a fair and balanced presentation of evidence in court.16

Enhancing Investigative Efficiency and Effectiveness: Digital forensic tools and


methodologies enhance the efficiency and effectiveness of criminal investigations. They enable
investigators to process large volumes of digital evidence efficiently, identify relevant
information more quickly, and focus their efforts on critical leads. This can expedite the
investigation process, leading to timely arrests, and contributing to the overall pursuit of justice.

Overall, digital forensic science plays a vital role in criminal investigations, legal proceedings,
and the pursuit of justice by providing crucial evidence, uncovering hidden information, and
assisting in the accurate determination of guilt or innocence. It helps ensure a fair and reliable
judicial process, supports law enforcement efforts, and contributes to deterring future criminal
activities.17

LEGISLATIVE FRAMEWORK FOR SOCIAL MEDIA FORENSICS IN INDIA

The legislative framework for digital forensic science in India comprises several laws and
regulations that address cybercrimes, electronic evidence, and the admissibility of digital
evidence in court. Here are some key legislative provisions related to digital forensic science in
India:

1. INFORMATION TECHNOLOGY ACT, 2000: The Information Technology Act, 2000


(IT Act) is the primary legislation governing electronic transactions and cybercrimes in
India. It provides legal provisions for offenses such as unauthorized access, hacking, data
theft, identity theft, and cyber harassment. The IT Act also includes provisions for the
admissibility of electronic records and digital signatures as evidence in court.
2. INDIAN PENAL CODE, 1860: The Indian Penal Code (IPC) contains provisions that are
applicable to cybercrimes. Offenses such as fraud, forgery, defamation, and criminal

16
GraemeHorsman , “Tool testing and reliability issues in the field of digital forensics. Digital Investigation”,
Forensic Science International: Digital Investigation, Vol.28,pp. 163-175.
17
Fran Casino, Thomas K. Dasaklis , Georgios P. Spathoulas , Marios Anagnostopoulos, Amrita Ghosal , István
Bor̈ oc̈ z , Agusti Solanas , Mauro Conti , and Constantinos Patsakis, “Research Trends, Challenges, and Emerging
Topics in Digital Forensics: A Review of Reviews”, IEEE, Vol.10 ,pp. 25464 -25493.

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intimidation, when committed using digital means, can be prosecuted under relevant
sections of the IPC. Digital evidence is often crucial in establishing these offenses and
securing convictions.
3. INDIAN EVIDENCE ACT, 1872: The Indian Evidence Act (IEA) was amended in 2000
to include provisions for the admissibility of electronic evidence. Section 65A and 65B of
the IEA specify the conditions under which electronic records can be admitted as evidence
in court. It lays down requirements for the certification of electronic evidence and the
procedures for presenting such evidence.
4. INFORMATION TECHNOLOGY (AMENDMENT) ACT, 2008: The Information
Technology (Amendment) Act, 2008 introduced several amendments to the IT Act to
strengthen the legal framework for addressing cybercrimes. It expanded the scope of
offenses, increased penalties for certain offenses, and introduced provisions for data
protection and privacy. The amendment also enhanced the powers of law enforcement
agencies in investigating cybercrimes.
5. THE RULES UNDER THE IT ACT: The Government of India has issued various rules
under the IT Act to provide specific guidelines and procedures related to electronic
evidence and digital forensic investigations. These include the Information Technology
(Procedure and Safeguards for Interception, Monitoring, and Decryption of Information)
Rules, 2009, and the Information Technology (Certifying Authorities) Rules, 2000, among
others.
6. THE CYBER CRIME INVESTIGATION MANUAL: The Ministry of Home Affairs,
Government of India, has published the Cyber Crime Investigation Manual to provide
guidance to law enforcement agencies in handling cybercrimes and digital evidence. The
manual covers various aspects of digital forensic investigations, including the legal
framework, search and seizure procedures, digital evidence handling, and forensic
examination techniques.

The legislative framework for Social Media Forensics in India is continually evolving to keep
pace with technological advancements and emerging challenges. Legal professionals, law
enforcement agencies, and digital forensic experts need to stay updated with the latest laws,

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regulations, and guidelines to ensure compliance and effectively utilize digital evidence in
criminal investigations and legal proceedings.18

SOCIAL NETWORKING PLATFORMS OFFERS A LUCRATIVE PLATFORM FOR


EXECUTING SOCIAL MEDIA CRIMES

On the righteous side, one may use social media platforms to socialize and communicate with
near and dear ones. However, it is the anonymous and diverse nature of social networking
platforms that miscreants use for unethical activities. Innocent-looking profiles can often be the
masquerade for fraudsters, phishers, child predators, lechers, and other cyber criminals.19

In spite of the stringent policies imposed by social media platforms, there are approximately 270
million fake profiles on Facebook.

Additionally, the abundance of personal information available on social networking platforms


renders them a favorite of cyber criminals. After the compromise of a profile, a hacker can
access, manipulate and misuse its information for various malicious activities. Other
unscrupulous activities on such platforms include stalking, bullying, defamation, circulation of
illegal or pornographic material etc.20

TYPES OF SOCIAL MEDIA CRIMES

In India, similar to other countries, various types of social media crimes are prevalent. Here are
some common types of social media crime observed in India:

Cyberbullying and Online Harassment: This includes instances of individuals being subjected
to online harassment, bullying, or threats through social media platforms. It can involve posting
abusive comments, sharing defamatory content, or sending threatening messages with the
intention to cause harm or distress.

18
Montasari, R., & Hill, R. (2019, January). Next-Generation Digital Forensics: Challenges and Future Paradigms.
In 2019 IEEE 12th International Conference on Global Security, Safety and Sustainability (ICGS3) (pp. 205-212).
IEEE.
19
Privacy-Preserving Social Media Forensic Analysis for Preventive Policing of Online Activities, 2019 10th IFIP
International Conference on New Technologies, Mobility and Security (NTMS)
20
BBC. (2017). ‘Cybercrime and fraud scale revealed in annual figures’. Available at: https://www.bbc.co.uk
/news/uk-38675683 (Accessed: 12th May2023)

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Identity Theft and Impersonation: Criminals may engage in identity theft on social media
platforms by stealing personal information and assuming someone else's identity. This can be
done to carry out fraudulent activities, spread misinformation, or engage in illegal acts under a
false identity.

Online Scams and Fraud: Social media platforms are often used by fraudsters to carry out
various types of scams and frauds. This includes lottery scams, job scams, fake investment
schemes, or phishing attacks where individuals are tricked into sharing personal information or
making financial transactions.

Defamation and Character Assassination: Social media can be misused to defame or tarnish
someone's reputation through the spread of false or damaging information. Posting defamatory
statements, spreading rumors, or sharing manipulated content with the intent to harm an
individual's image is considered a social media crime.

Hate Speech and Incitement: Instances of hate speech, incitement of violence, or spreading
communal hatred through social media platforms are considered social media crimes. This
includes posting inflammatory content, promoting religious or ethnic intolerance, or inciting
violence against a particular group or individual.

Online Child Exploitation: Social media platforms can be misused for online child exploitation,
including grooming, luring, or sharing explicit content involving minors. This form of social
media crime involves targeting vulnerable children and engaging in illicit activities under the
disguise of anonymity.

Revenge Porn: Non-consensual sharing of intimate or explicit content, commonly known as


revenge porn, is a social media crime in India. This involves sharing private images or videos
without the consent of the individual involved, with the intention to cause harm, embarrassment,
or blackmail.

Copyright Infringement: Social media platforms are frequently used for sharing copyrighted
content without proper authorization in India. This includes piracy, sharing copyrighted movies,
music, software, or other creative works without the necessary permissions or licenses.

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Fake News and Disinformation: The spread of fake news, misinformation, and disinformation
through social media platforms is a growing concern in India. False information, rumors, and
misleading content shared on social media can have significant social, political, or economic
impacts.21

Photo Morphing: Photo morphing is the use of editing to change an image/shape into another
without much difficulty. Available data shows that people share nearly 3.2 billion images daily
on social media platforms. The widespread availability of media on social networking platforms
makes it a cakewalk for miscreants to download and misuse them. Miscreants morph the images
of popular figures and upload them on adult websites or use them for blackmailing them for
sexual or financial favours.22

21
Awf Abdulrahman , and Muhammet Baykara , “Fake News Detection Using Machine Learning and Deep
Learning Algorithms”, 2020 International Conference on Advanced Science and Engineering (ICOASE) ,
DuhokIraq, May 31 ,2021,pp. 13773- 13781.
22
Huber, M., Mulazzani, M., Leithner, M., Schrittwieser, S., Wondracek, G., & Weippl, E. (2011). Social snapshots:
digital forensics for online social networks. Proceedings of the 27th Annual Computer Security Applications
Conference (pp. 113-122 ). Orlando: ACM.

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ADMISSIBILITY OF THE MEDIA EVIDENCES

Exchange of the media is also very common way to communicate apart from messages of social
media. Various social media platforms offer sending voice clips, pictures, audios, videos as a
form of communication. These devices have helped to open a new era of jurisprudence. The

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portable devices are very helpful in recording things and whether these electronic recordings (or
a voice recording) are, from the point of view of the evidence, admissible or not. So, the cases
are flooded with the question that will those be considered as valid evidence and will that be
admissible before the court of law? The answer will be yes, provided the genuineness of the
media. To prove the genuineness three factors should have to be proved. Firstly, the nexus
between the media and the case. 23 Secondly, how the media has been stored. Lastly, the period
till which the record has been kept. So, the factors are to some extent identical of the factor to
take into consideration for the exchange of social media messages. In recent years various courts
of the country have given approval, when it comes to the admissibility of the electronic
evidences. But if we can track down, the admissibility of the taped evidences has been taken
into consideration since 1985.

In the case of Ram Singh & Ors v Col. Ram Singh24, few conditions were laid down b the court:

 The voice of the speaker in the recording must be duly recognized by the people who
were making the recording or the voice of the speaker in the recording whose
admissibility is in question must be recognized by anyone involved in the case.
 The recording in question must be authentic and this has to be proved by the person
presenting the evidence through sufficient means.
 The whole conversation will have to be presented before the court. No tampering or
erasing of even a microsecond is admissible. The court looks into the whole conversation
as one and decides according to it only. The said statements must be relevant and in
accordance with the facts of the case.
 The recorded device in which the voice recording is stored must be sealed and kept in
safe custody.
 Voice should be clear and without any disturbance.

When it comes to the electronic records or any form of media, the Indian Evidence Act has
given enough emphasis on the source of the fact.

23
Ami-Narh, J. T., & Williams, P. A. (2008). Digital Forensics and the Legal System: A Dilemma of our Times.
Australian Digital Forensics Conference (p. 41). ECU Publications.
24
1985 SCR Supl. (2) 399.

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Hence, if we want to find a concrete solution to this question the answer will simply be the
satisfaction of the condition as provided in the 65B of the Evidence. Any information that is
stored in an electronic record by using the magnetic or optical media with the help of a
computer can be considered as justified if it satisfies all the conditions mentioned in the
section. In case all the conditions given in the section gets justified then the recordings
become admissible to be processed as evidence in courts.

CASE LAWS RELATED TO RECOGNITION OF SOCIAL MEDIA AS A SOURCE OF


EVIDENCE

1. SHREYA SINGHAL V. UNION OF INDIA25

This case, decided by the Supreme Court of India in 2015, dealt with the constitutional validity
of certain provisions of the Information Technology Act, 2000.

In this case, the Supreme Court examined Section 66A of the Information Technology Act,
which criminalized the sending of offensive messages through communication services,
including social media platforms. The Court held that Section 66A violated the fundamental right
to freedom of speech and expression guaranteed under the Indian Constitution.

During the course of the proceedings, social media platforms such as Facebook, Google, and
Twitter were recognized as intermediaries that facilitate the sharing of content by users. The
Court acknowledged the significance of social media platforms in the dissemination of
information and the exercise of freedom of speech.

Although the specific case did not focus solely on the admissibility of social media evidence, it
set an important precedent by affirming the importance of social media platforms in the exercise
of fundamental rights. This recognition indirectly acknowledges the potential use of social media
content as evidence in legal proceedings.

2. R.V. SRINIVASAN V. GOVT. OF TAMIL NADU (2010)

In this case, the Madras High Court recognized social media posts and content as valid evidence
to establish the culpability of the accused in a defamation case. The court considered the

25
AIR 2015 SC 1523.

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defamatory statements made on social media platforms as admissible evidence and held the
accused liable.

3. NAVEEN KUMAR V. STATE (2018)26

The Delhi High Court, in this case, considered Facebook posts as crucial evidence in a criminal
matter related to stalking and harassment. The court upheld the admissibility of Facebook posts
to establish the accused's intention and conduct, leading to his conviction.

4. ANIRUDDHA BAPUJI V. STATE OF MAHARASHTRA (2011)

The Bombay High Court in this case recognized YouTube videos and social media content as
evidence in a case involving alleged hate speech. The court relied on social media evidence to
establish the intent and content of the speech, leading to the denial of anticipatory bail to the
accused.

5. RAVIKANT S. PATIL V. SARVABHOUMA S. BAGALI (2017)

The Karnataka High Court, in this case, considered WhatsApp messages and Facebook posts as
crucial evidence in a defamation case. The court acknowledged social media content as
admissible evidence to determine the defamatory nature of the statements made by the accused.

6. MAHESH BHATT V. UNION OF INDIA (2014)27

The Supreme Court of India, in this case, recognized social media platforms such as Facebook
and Twitter as important tools for expressing freedom of speech and opinion. The court
highlighted the role of social media in facilitating public discourse and held that restrictions on
such platforms should be proportionate and reasonable.

7. AJIT MOHAN V. LEGISLATIVE ASSEMBLY, NCT OF DELHI (2021)

In this case, the Delhi High Court considered Facebook posts and other social media content as
evidence in a matter related to the powers of a legislative assembly to summon and examine
witnesses. The court acknowledged the relevance and probative value of social media evidence
in the proceedings.
26
SC 983/MANU/SC/0077/2018
27
2008 BusLR 366 Del

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8. KEDAR NATH YADAV V. STATE OF WEST BENGAL (2021)

The Calcutta High Court, in this case, recognized social media platforms like Facebook and
WhatsApp as sources of evidence to establish the involvement of the accused in a criminal
offense. The court relied on WhatsApp chats and Facebook posts as evidence of planning and
coordination in a murder case.

9. ANVAR P.V. V. P.K. BASHEER (2014)

By this case the Supreme Court held in unequivocal terms that an electronic record by way of
secondary evidence shall not be admissible as evidence unless the requirements of Section 65-B
are satisfied. Therefore the production of the certificate was made mandatory. But a lot of
challenges came before the court regarding the possession of actual deice from which the
evidence was collected. So, the case of Shafi Mohammad has primarily answered the burning
questions.

10. SHAFHI MOHAMMAD V. STATE OF HIMACHAL PRADESH


This case can be considered as one of the prominent cases which have clarified the interpretation
of the electronic evidences. The Apex court had clarified that production of the certificate is
merely a procedural aspect. It got further observed that requirement of certificate will only
applicable to the person who has control over the device and hence in a position to provide with
the said certificate. The party who is not in the possession of the device, from which the
document is to be produced, cannot be expected to provide such a certificate under section
65B(4). Therefore in certain circumstances, the certificate under 65B(4) is not mandatory. After
this case a dilemma appeared before while ruling the cases related to electronic evidences. Then
finally the case of Arjun Pnditrao had clear the stand relating to this.

11. VIKRAM SINGH V. STATE OF PUNJAB 28

In this case, the Punjab and Haryana High Court recognized social media content, specifically
WhatsApp messages, as crucial evidence in a criminal case. The court relied on the WhatsApp
conversations to establish the involvement of the accused in planning and executing a crime.

28
(2010) 3 SCC 56.

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12. SHABNAM SHAIKH V. STATE OF MAHARASHTRA (2019)

The Bombay High Court, in this case, considered Facebook messages and WhatsApp chats as
important evidence in a matter related to a murder investigation. The court relied on social media
evidence to establish the motive and involvement of the accused.

13. DHARAMBIR SINGH V. CENTRAL BUREAU OF NARCOTICS (2019)29

The Delhi High Court, in this case, recognized the significance of social media evidence in drug-
related offenses. The court upheld the admissibility of social media content, including Facebook
posts and chats, to establish the involvement of the accused in drug trafficking.

14. ARJUN PANDITRAO KHOTKAR V. KAILASH KUSHANRAO GORANTYAL AND


OTHERS30
A three judge bench of the SC answering all the questions rose through the previous case and
held that the requirement of a certificate under Section 65B(4) of the Indian Evidence Act, 1872
is a condition precedent to the admissibility of electronic record in evidence. The Supreme Court
while answering this important issue has finally settled all the dilemmas, while sustaining the
law laid down in Anvar’s case and held that requirement of a certificate is essential to the
admissibility of evidence by way of electronic record under Section 65B of the Act. Electronic
evidence will be considered as an inadmissible in the court under section 65B of the act, if any of
the parties produce it without a requisite certificate. The court also answered that in the case of
Shafi Modmd, the division bench had relied on the premise that an individual not having access
to a device with the original record cannot produce the said certificate under S 65B(4), however,
such a premise is wholly incorrect.
15. SONU V. STATE OF HARYANA (2017)

The Punjab and Haryana High Court, in this case, considered social media evidence, including
Facebook posts and messages, to establish the involvement of the accused in a case of
cyberstalking and harassment. The court relied on the content of the social media posts to convict
the accused.

29
148 (2008) DLT 289.
30
(2020) 7 SCC 1.

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16. STATE OF MAHARASHTRA V. VIJAY HIRE 31

In this case, the Bombay High Court considered WhatsApp messages as crucial evidence in a
case related to the sale and possession of drugs. The court relied on the content of the WhatsApp
chats to establish the involvement of the accused in the illegal drug trade.

17. SREEKANTH B.N. V. STATE OF KARNATAKA

The Karnataka High Court, in this case, recognized social media posts as evidence in a
defamation matter. The court considered Facebook posts as admissible evidence to determine the
defamatory nature of the statements made by the accused.

18. VINOD BANSAL V. UNION OF INDIA (2020)

The Delhi High Court, in this case, considered social media content, specifically tweets, as
evidence in a matter related to hate speech. The court examined the tweets made by the accused
and took them into account while deciding on the plea for anticipatory bail.

19. PRATHVI RAJ CHAUHAN V. STATE OF RAJASTHAN (2019)32

In this case, the Rajasthan High Court considered WhatsApp messages as crucial evidence in a

criminal case related to abetment of suicide. The court relied on the content of the WhatsApp

conversations to establish the involvement and guilt of the accused.

SOCIAL NETWORKING APPLICATIONS & MOBILE DEVICES

Due to the increasing use of social applications on smartphones, they are the biggest repertoire of
evidence for forensic investigators. Did you know that more than 90% of social media users use
mobile devices to access social networking platforms? Thus, they store a lot of potential
information that social media forensics professionals can extract with the right tools.
Furthermore, with the right inspection methods and tools, such evidence can provide crucial
leads in a case.

31
SLP(C) 28306 OF 2017.
32
(2020) SCC OnLine SC 159.

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In fact, half of Facebook users access Facebook through its mobile applications on their
smartphones or tablets. Moreover, such users are twice as active compared to those who use
other devices (desktop, laptop) to access Facebook.

Since millions of users leverage social networking applications on their mobile devices, the
probability of misuse is also quite high! Hence, a forensic analysis of the suspect’s mobile device
offers a great potential to aid in his/her incarceration or exoneration.

CHALLENGES OF FORENSIC ANALYSIS OF SOCIAL NETWORKING


APPLICATIONS ON MOBILE DEVICES

As much as the potential they have, smartphones also pose many challenges to social media
forensics investigators. Since smartphones are always active and regularly update data, it causes
faster loss of evidence. Secondly, the closed source OS of smartphones (except for Linux-based
phones) make it difficult to extract evidence using custom tools.33

To make things worse for forensic examiners, smartphone vendors release OS systems very
often. This makes it challenging for social media forensics professionals to keep up with the
latest tools and methods for examination.34

CHALLENGES TO SOCIAL MEDIA FORENSICS IN INDIA

In India, social media forensics faces several challenges that impact its effectiveness and
efficiency. Firstly, the sheer volume of social media users and the exponential growth of digital
content make it challenging to identify and collect relevant evidence amidst the vast amount of
data. Additionally, the dynamic nature of social media platforms, where information can be
easily modified or deleted, poses difficulties in preserving evidence and maintaining its integrity.
The lack of standardized procedures and guidelines for social media forensic investigations in
India further hampers the process, leading to inconsistencies in practices across different
investigative agencies. Moreover, the jurisdictional complexities of social media crimes, where
perpetrators and victims may be located in different geographic regions or countries, create
obstacles in cooperation and coordination among law enforcement agencies. The evolving
33
F. Bertini, R. Sharma, A. Iannì, D. Montesi, in International Database Engineering & Applications Symposium.
Profile resolution across multilayer networks through smartphone camera fingerprint, (2015), pp. 23–32.
34
Caviglione, L., Wendzel, S., & Mazurczyk, W. (2017). The future of digital forensics: Challenges and the road
ahead. IEEE Security & Privacy, 15(6), 12-17.

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landscape of social media platforms, with the introduction of new features, encryption, and
privacy settings, presents continuous challenges for investigators to adapt and keep up with
technological advancements. Lastly, the requirement of specialized skills and expertise in social
media forensics poses a challenge, as the availability of trained professionals in this field is
limited in India. Addressing these challenges is crucial to ensure the successful investigation and
prosecution of social media crimes in the Indian context.

With this exceptional expansion of the technology in this decade our life has totally got
depended upon the cyberspace and technology. Similarly a plethora of information is stored in
our phones. And in recent years the social media is collecting a lot of electronic data relating to
various aspects of our life, and social media is where individuals express their sentiments and
pointless daily activities. In a way our daily activities has been stored by several social media
platform which eventually is use to control our next social media activity.

We have become a product for these platforms, where anything can be created and modified.
Therefore the primary challenges which often come up are

 The accuracy of digital documents – The manipulation and modification of electronic


documents is one of the easiest jobs in the internet. Anything and everything can be
altered. So taking into consideration that aspect, the accuracy of those documents as
evidence cannot be fully adopted.
 Information on social media sites: Because of the evident infinite number of individuals
that use social networking sites such as Facebook, Instagram, Myspace, and LinkedIn,
content which are created that is beyond the reach of any single person or any
organisation. In furtherance, courts usually apply a higher standard to the verification of
information which is obtained through social networking sites only because there are no
limits on who can create a profile. As anybody can create a social network profile
anonymously, and a multiple number of accounts can be created by an individual, the
courts cannot always attribute a single message to the person who controls the site. It is
burdensome to determine who wrote the post since it can be done on a public computer,
such as one at a library or a hotel.35

35
Lillis, D., Becker, B. A., O’Sullivan, T., & Scanlon, M. (2016). Current challenges and future research areas for
digital forensic investigation. arXiv preprint arXiv:1604.03850, 1-11.

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 A blurred space between the admissibility of primary and secondary evidence: The
practical challenge that appear is the the boundary between primary and secondary kinds
of evidence by integrating all sorts of computer proof under the scope of primary
evidence. Because the data derived from computer-generated records is complicated and
difficult to create in physical form, a provision has been established for it. As a
consequence, if the word document is the original, a printout of the same might be
considered as secondary evidence. It should be emphasised, however, that producing a
word document in court without the use of printouts or CDs is very difficult.

Hence, to combat all these challenges establishment of a regulatory framework is all that
required, which will address numerous legal concerns in multiple countries, and consider
apparent future challenges.

CONCLUSION

The Present Stance Information obtained from the social media handle of the accused can be
quite helpful to take the case into proper direction.

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In recent years we have seen starting from Rhea chakrobarty’s case to Aryan Khan’s case
NCB’s sole evidence was communication exchanged in social media. It played quite a significant
role during the whole investigation process. However, we must consider the fact that social
media data is easily manipulated and altered, the court must be aware that the evidence presented
by the parties might be faked and manipulated. In addition, while gathering evidence,
investigators must bear the idea of “right to privacy” in mind. This is another fundamental aspect
of any case. Unlike the traditional investigation, the investigator has a very little or no influence
over the investigation over the social media. This can be a major legal red flag since social media
evidence, like conventional evidence, must be obtained in a controlled and rigorous forensic
manner. This particular aspect of collecting and analyzing social media data suffers scarcity of
court-validated digital forensic tools.

Hence in the conclusion it can be inferred that proper digital tools along with establishment of
efficient framework to regulate the collection of digital evidence is urgently required to deal with
cases more competently. In the era where everything is online and where cyberspace is our life
this mechanisms are highly solicited for the upcoming bearers.

BIBLIOGRAPHY & REFERENCES

 ACTS & STATUTES


1. CONSTITUTION OF INDIA, 1950.

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2. INFORMATION TECHNOLOGY ACT, 2000 (IT ACT).


3. INDIAN PENAL CODE, 1860 (IPC)
4. THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND
DIGITAL MEDIA ETHICS CODE) RULES, 2021
5. THE INDIAN EVIDENCE ACT, 1872.

 BOOKS
1. Manish Kumar, “Crime Science and Digital Forensics on Social Media Crime
Investigation and Forensic Analysis”, CRC Press, 1st Edn.,2021.
2. Jung Son, “Social Network Forensics: Digital Forensics For Social Media - Evidence
Extraction Tool Capabilities”, LAP LAMBERT Academic Publishing (July 26,
2012).
3. Cyber Marcella Jr., “Albert J. Cyber Forensics (From Data to Digital Forensics)”,
2012

 ARTICLES, JOURNALS & SCHOLARLY WORKS

1. Exploring facilitators, barriers, and concerns of police using social media when
investigating missing children. International Journal of Missing Persons,
2. United Nations Office on Drugs and Crime [UNODC]. (n.d.). Cybercrime module 6 key
issues: Handling of digital evidence. United Nations Office on Drugs and Crime.
3. Sammons, J. (2014). The basics of digital forensics: The primer for getting started in
digital forensics (2nd ed.). Syngress Press.
4. Maras, M. H. (2016). "Social media investigations: A practical guide." CRC Press.
5. Bosco, F., Zuccalà, A., & Piccotti, A. (2016). "Social media analysis for digital
forensics: A survey." ACM Computing Surveys (CSUR), 49(4), 1-36.
6. Marrington, A., & Panagiotopoulos, P. (2017). "Social media forensics: An
introduction." In Social Media Intelligence (pp. 201-219). Springer

 WEBSITES

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1. American Bar Association. (2020, January 30). Discovery of social media evidence in
legalproceedings. https://www.americanbar.org/groups/gpsolo/publications/
gpsolo_ereport/2020/january-2020/discovery-social-media-evidence-legal-proceedings/
2. Best Practices for Preserving Social Media Evidence. (2018).
investigations. https://www.irisinvestigations.com/wp-content/uploads/2018/06/Best-
Practices-for-Preserving-Social-Media-Evidence-3.pdf
https://jmielibrary.informaticsglobal.com/
3. Corporate Forensic Investigations. (2020, March 2).
CYFOR. https://cyfor.co.uk/corporate-forensic-investigations/social-media-
Howlings, E., & Solymosi, R. (2023).

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