Digital forensics and evolving cyber law: case of BIMSTEC countries

Published date07 October 2019
Date07 October 2019
DOIhttps://doi.org/10.1108/JMLC-02-2019-0019
Pages744-752
AuthorSisira Dharmasri Jayasekara,Iroshini Abeysekara
Digital forensics and evolving
cyber law: case of
BIMSTEC countries
Sisira Dharmasri Jayasekara
Financial Intelligence Unit, Central Bank of Sri Lanka, Colombo, Sri Lanka, and
Iroshini Abeysekara
National Dengue Control Unit, Colombo, Sri Lanka
Abstract
Purpose The purpose of this paperis to discuss the role of digital forensics in an evolving environment of
cyber laws giving attention to Bay of Bengal Initiative for Multi-Sectoral Technical and Economic
Cooperation (BIMSTEC)countries, comprising Bangladesh, India, Myanmar, SriLanka, Thailand, Nepal and
Bhutan, in a dynamicglobal context.
Design/methodology/approach This study uses a case study approach to discuss the digital
forensics and cyber laws of BIMSTECcountries. The objective of the study was expected to be achieved by
referring to decided cases in different jurisdictions. Cyber laws of BIMSTEC countries werestudied for the
purpose of thisstudy.
Findings The analysis revealedthat BIMSTEC countries are required to amend legislation to support the
growth of information technology.Most of the legislation are 10-15 years old and have not been amended to
resolveissues on cyber jurisdictions.
Research limitations/implications This studywas limited to the members of the BIMSTEC.
Originality/value This paper is an originalwork done by the authors who have discussed the issues of
conducting investigations with respect to digital crimes in a rapidly changing environment of information
technologyand decient legal frameworks.
Keywords Financial crime, Information technology, Banking, Digital forensics, Prosecution,
Cyberlaw
Paper type Case study
1. Introduction
Financial crimes are becoming a global threat today because money is the main motive
of most criminals. Globalization of nancial markets and rapid development of
information technology motivate the banking industry to rely on the digital les and
digital data to sophisticate banking operations. This practice has led the criminals to
breach or hack the banking systems frequently. In contrast to other institutions, the
systems of nancial institutions are exposed to customers where criminals extract this
opportunity to hack the systems. Statista (2018) states that the number of data breaches
in the USA increased from 157 million in 2005 to 781 million in 2015, while the number
of exposed records jumped from around 67 million to 169 million during the same time
frame. However, the recovery of data breaches is time-consuming and the losses are
accrued continuously until recovery. For example, the largest data breach of all time, as
of September 2016, was an allegedly state-sponsored hack of Yahoo, which dates to late
2014, but it was only uncovered in 2016 (Statista, 2018). Further, they state that
JMLC
22,4
744
Journalof Money Laundering
Control
Vol.22 No. 4, 2019
pp. 744-752
© Emerald Publishing Limited
1368-5201
DOI 10.1108/JMLC-02-2019-0019
The current issue and full text archive of this journal is available on Emerald Insight at:
www.emeraldinsight.com/1368-5201.htm

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