Admissibility of Electronic Evidence Obtained as a Result of Research and Learning Activities on the Internet

Abstract

The article is devoted to the study of the problem of using information obtained in the course of search and cognitive activity on the Internet (OSINT) as admissible evidence in court proceedings. The author analyzes legal, technical and procedural aspects, examines both Russian and foreign approaches. Particular attention is paid to the criteria for the legality of information collection, including requirements for the "technical purity" of methods and the ethical assessment of the search process. The author considers the problem of reliable fixation of dynamic digital content. The issue of the insufficiency of simple screenshots is raised and the need to use cryptographic means of confirming time and data integrity (in particular, protocols such as RFC 3161) is justified. A comparative legal analysis of approaches to regulating the collection of open data in various legal systems has been carried out: the "open fields" doctrine in the United States, the Data protection Regulation in the European Union (GDPR) and a mixed approach in India. Based on the analysis of Russian practice, key shortcomings of current regulation have been identified, leading to the frequent need to appoint forensic examinations to verify electronic evidence. In conclusion, the conclusion is formulated about the need for comprehensive improvement of the legislation of the Russian Federation and the introduction of technical standards for the integration of OSINT tools into the evidence-based process.