Papua New Guinea Cybercrime Policy 2014
successfully
identify
and
prosecute
an
offence
is
dependent
on
the
expeditious
preservation,
collection
and
evaluation
of
electronic
evidence.18
Therefore,
the
Government
recognises
the
need
for
legislative
reforms
to
permit
the
admissibility
of
electronic
evidence
into
court.
Further,
the
collection
of
electronic
evidence
requires
the
modification
or
introduction
of
new
investigatory
procedures
and
techniques.
This
Policy
iterates
the
need
to
have
in
place
such
mechanisms
and
procedures.
Furthermore,
considerable
attention
must
be
given
to
the
way
in
which
law-‐
enforcement
agencies
and
Courts
deal
with
this
new
category
of
evidence.19
While
traditional
courts
of
law
have
asserted
the
best
evidence
rule
of
admissibility
wherein
the
original
document
is
adduced
in
the
course
of
proceedings,
the
use
of
electronic
evidence
in
some
cases
requires
specific
procedures
that
do
not
facilitate
paper
based
conversion.
Therefore
modification
of
the
rules
of
procedural
evidence
is
one
critical
area
that
will
require
consequential
amendment.20
5.2
Equipping
relevant
institutions
to
receive
and
process
electronic
evidence
In
developing
appropriate
evidence
laws
and
or
provisions,
there
is
a
specific
need
to
enhance
and
or
equip
existing
law
enforcement
agencies
and
relevant
institutions
to
facilitate
the
receipt,
processing,
authentication
and
retention
of
electronic
evidence.
5.3
Establishment
of
a
Cybercrime
Investigative
Unit
and
Forensic
Laboratory
In
light
of
the
rapid
advances
in
ICTs
and
corresponding
and
real
threats
of
cybercrime,
the
Government
is
desirous
of
establishing
a
specialised
Cybercrime
Investigative
Unit
to
refer
cybercrime
complaints
for
investigation
and
prosecution.
With
the
establishment
of
such
a
unit,
the
Government
further
observes
the
importance
of
enhancing
and
equipping
the
existing
National
Forensic
Laboratory
to
deal
with
cybercrime
forensics.
5.4
Cooperation
between
national
law
enforcement
bodies
It
is
imperative
there
be
cooperation,
collaboration
and
sharing
of
knowledge
and
information
between
the
specialised
Cybercrime
Investigative
Unit,
the
Transnational
Crime
Unit,
other
law
enforcement
agencies
and
other
stakeholders.
18
Regarding
the
need
for
formalization
of
computer
forensics,
see:
Leigland/Krings,
A
Formalization
of
Digital
Forensics,
International
Journal
of
Digital
Evidence,
2004,
Vol.3,
No.2.
19
Regarding
the
difficulties
of
dealing
with
digital
evidence
on
the
basis
of
traditional
procedures
and
doctrines,
see:
Moore,
To
View
or
not
to
view:
Examining
the
Plain
View
Doctrine
and
Digital
Evidence,
American
Journal
of
Criminal
Justice,
Vol.
29,
No.
1,
2004,
page
57
et
seq.
20
See
Vacca,
Computer
Forensics,
Computer
Crime
Scene
Investigation,
2nd
Edition,
2005,
page
3.
Regarding
the
early
discussion
about
the
use
of
printouts,
see:
Robinson,
The
Admissibility
of
Computer
Printouts
under
the
Business
Records
Exception
in
Texas,
South
Texas
Law
Journal,
Vol.
12,
1970,
page
291
et
seq.
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