Library
|
Your profile |
Legal Studies
Reference:
Budilina E.I.
The possibility of identifying signs of a person's personality by his digital identity
// Legal Studies.
2024. ¹ 8.
P. 82-93.
DOI: 10.25136/2409-7136.2024.8.71508 EDN: SSBFDG URL: https://en.nbpublish.com/library_read_article.php?id=71508
The possibility of identifying signs of a person's personality by his digital identity
DOI: 10.25136/2409-7136.2024.8.71508EDN: SSBFDGReceived: 17-08-2024Published: 04-09-2024Abstract: In this article, the term "digital personality", "digital double", which is new for forensic science, is put forward and the definition of these terms is given. The possibilities of identifying a user by his digital identity in the virtual space are considered. A proposal is put forward to develop methodological recommendations for identifying signs of a person's personality based on his digital identity. The algorithm of actions of law enforcement officers in identifying signs of a digital identity on the Internet is also explained. The expert examinations that are subject to mandatory appointment in the investigation of such types of crimes have been identified. In the course of scientific study of the problem of the possibilities of identifying signs of a user's identity by his digital identity, a step-by-step algorithm of actions of law enforcement officers for an effective process of investigation and disclosure of such crimes is proposed. Methods of analysis, synthesis, deduction and induction were used. The research materials are normative legal acts of the Russian Federation and materials of criminal cases related to crimes committed on the Internet. In our opinion, the scientific novelty lies in the fact that we propose the development and application of a forensic technique for detecting human signs using "digital personality doubles" in the Internet space, as this issue is becoming more relevant today. The method of searching for a "digital personality" is a complex and multifaceted process that requires certain knowledge and skills, as well as the joint work of law enforcement agencies and moderators of various services on the Internet. Even more difficult is the conduct of scientific research aimed at establishing the digital identity of the human physical body. Currently, most crimes are committed using digital technologies, therefore, such a technique is becoming necessary for law enforcement agencies and cybersecurity specialists. Given these conditions, the question arises about the forensic aspects of establishing a "digital identity". The method of identifying signs of a person's identity based on his digital identity is a comprehensive approach that includes the development of an algorithm for the investigator's actions, conducting user data checks, creating a database and organizing cooperation with Internet service providers. Its purpose is to accurately build an algorithm for the investigator's actions to effectively investigate and solve crimes and protect users from potential crimes. Keywords: digital identity, digital twin, the algorithm of actions, identification, Internet service provider, interaction with moderators, online dating, appointment of examinations, services, The InternetThis article is automatically translated. You can find original text of the article here. In today's world, where more and more information about people's lives and their preferences is online, digital identity is becoming one of the key aspects of a person. A digital personality is a concept that describes a digital version of the physical human body or its individual aspects. It assumes that information about our personality, health status, and other physiological parameters can be collected and used using various digital technologies. In the digital world, digital duplicates of people can be created that can be used for virtual reality and for criminal purposes. [1] Digital identity also includes the data that people leave about themselves on the Internet, including social media, online purchases, search queries, etc. In our opinion, it is necessary to develop and apply a forensic technique for detecting human signs using "digital personality doubles" in the Internet space, since this issue is becoming more relevant today. The method of searching for a "digital identity" is a complex and multifaceted process that requires certain knowledge and skills, as well as the joint work of law enforcement agencies and moderators of various services on the Internet. Even more difficult is the conduct of scientific research aimed at establishing the digital identity of the human physical body. Currently, most crimes are committed using digital technologies, therefore, such a technique is becoming necessary for law enforcement agencies and cybersecurity specialists. Given these conditions, the question arises about the forensic aspects of establishing a "digital identity". The emergence of such concepts as "digital personality" and "digital double", as well as the identification of signs of a person's personality by his digital identity is currently a little-studied issue. But we note that such authors as Orekh E.A., Sergeeva O.V., Ivanov V.V., Zuev D.I., Vasilyevich I.V., in their works mentioned that the problem of the appearance of digital personalities and digital doubles arose in the virtual space, and also that this fact poses a threat to cyberspace and in turn people. But their work does not give an accurate understanding of the terms and does not propose the development of an algorithm aimed at identifying signs of a person's personality by his digital identity, which prompted us to clarify and develop this recommendation. According to statistics, in January - March 2023 alone, 152.4 thousand crimes committed using information and telecommunications technologies or in the field of computer information were registered, which is 22.7% more than in the same period last year. In the total number of registered crimes, their share increased from 25.7% in January - March 2022 to 31.5%. Almost all such crimes (98.8%) are detected by the internal affairs bodies. More than half of such crimes (53.7%) belong to the categories of grave and especially grave (81.9 thousand; + 22.0%), three quarters (75.6%) are committed using the Internet (115.3 thousand; + 28.8%), almost half (43.3%) – mobile communications (66.1 thousand; + 34.1%). One of the problems of such indicators is the increase in crimes committed on specialized Internet dating services such as Tinder, Badu, Mamba, which have been banned in Russia since 2022. But, to date, no less popular platforms developed already in Russia are: «LovePlanet», «DateSecret», «Deamoure», «AnnaDates», «Love&Kiss», «Pure». Unfortunately, with the growing popularity of online dating services and the use of these sites for criminal purposes, the problem of investigating and solving such crimes has arisen Speaking about the task of scientific research of the digital personality of a person, it is worth noting the study of Vasilyevich I.V., in which the author focuses on the fact that "today modern neural networks allow you to create the appearance of non-existent people, as a result of which a digital personality can be invented from beginning to end. A digital personality can be quite realistic, accurately reflect all information about a particular person, but at the same time be unscrupulous, that is, created specifically so that another person can act in the Internet space under a false name." [2] Of course, the author correctly notes the fact that neural networks today provide the opportunity to completely change their appearance, voice and parameters in virtual space. Which, in turn, cannot leave the criminal world indifferent and allows you to realize your selfish intent with the help of the latest technologies from anywhere in the world. And when using a VPN application, the search for the person who committed the crime becomes much more complicated. A person's digital identity can be used for criminal purposes and this fact confirms the presence of the following types of personality on the Internet, namely: a) conscientious personalities are virtual personalities that match the real one; b) unscrupulous ones are virtual personalities that do not match the real one; c) anonymous ones are digital a person who has no or unknown prototype. [3] In order to effectively identify a person using a certain digital form or digital double, it is necessary to adhere to a scientifically based algorithm of actions. In our opinion, the first step is to send a request by law enforcement officers to providers or the administration of a certain Internet service in order to obtain an IP address. In turn, providers or administrators will have to send an electronic response letter to law enforcement officers in the form of a table, which will additionally help in identifying the perpetrator, as well as allow access to information about the user's location and activity using this IP address. This request is executed on the basis of a court order. It should be noted that in accordance with Part 4, Article 21 of the Criminal Procedure Code (hereinafter referred to as the Criminal Code of the Russian Federation), a reasoned investigator's request to a certain institution, organization, enterprise or provider company providing Internet access services is subject to mandatory execution. [4] The response of the management company must contain information about the names of the providers with whom contracts for providing access to Internet services were concluded at the address specified in the request. Further, law enforcement officers should send requests to the addresses of established provider organizations to provide data to the investigator. [5] Such data include: a) the complete data that the person indicated in the concluded service agreement (last name, first name, patronymic, address, phone number, copy of passport); b) the IP addresses that the person used for a certain period of time (the exact time period is indicated by the investigator); c) a specific type of IP address (dynamic or statistical); d) the exact address of the location of the receiving and transmitting equipment, with which access to the Internet was carried out through the specified IP addresses; e) MCA addresses that were used in a specific period of time. The next step is to identify the Internet services that a person or his digital counterpart visited. To establish this fact, it is also necessary to cooperate with providers, since it is the Internet provider that can track the user's actions on the Internet. Therefore, in order to carry out these actions, the investigator must send a request to the Internet provider of the service specifically of interest with the requirement to provide data and provide them in electronic form. These data include: a) the data that was specified by the person during registration (last name, first name, patronymic, email address, phone number or other information); b) the intensity of the site visit and IP address, in a certain period of time. It should be noted that in order to obtain these data, a court order is required to authorize the receipt of such information, in accordance with Article 7 of the Federal Law "On Personal Data". [6] So, having received all the above information, it is necessary to find out the name of the provider in whose network the established IP address is registered and its specific location. In this case, such Internet resources as "WHOIS", "2IP", "RIPE" and others that have information about IP addresses can help to establish this information. These sites may provide information about the country, city, and name of the provider. After information about a person's digital identity is established, a forensic psychological analysis of the individual should be carried out, as well as methods of interaction, communication style, messaging and the possible presence of hints or threatening statements. This analysis includes an assessment of the personal characteristics of the person, his motivation, psychological state and possible causes of the disorder or deviation. The results of the analysis will allow the investigator to conduct an effective interrogation in the future. Also, the investigator needs to appoint examinations that allow him to accurately identify the personality traits of a real person. If there are phonograms of the voice, it is necessary to appoint a phonoscopic examination, which will allow to find out the identity of the speaker, the fact of making changes to the phonogram, the conditions for creating the recording and other circumstances. The next examination, which is subject to mandatory appointment, in this case is phototechnical, this examination allows you to establish the authenticity or forgery of a photographic image, as well as establishing the facts of its creation and processing. Further, a computer-technical examination is assigned to determine the status of the device as a computer tool, which allows you to access the information contained in this device and its media in order to comprehensively investigate them in the future. [7] I would like to note that today in Russia they have learned to identify a person by the so-called keyboard handwriting and gait. This development was made by representatives of the Kuban State Technological University. Identification of a person by keyboard handwriting is based on an intelligent analysis of the time of holding objects on the screen, that is, how exactly a person types text. Everyone knows that human typing is unique and varies depending on psychophysiological characteristics. As for the gait, the system studies the change of the smartphone in space. [8] Therefore, this development will be an auxiliary element in the investigation of crimes committed with the help of information and telecommunication technologies. If the digital identity used online wallets or credit cards as payment, then this information is stored on the network. In this case, it is necessary to interact not only with Internet service providers, but also with the bank. It is necessary to send a request to the bank, according to the results of which the investigator will have access to information on the flow of funds on accounts and cards, that is, full details of the transactions performed and the specific location of the person in a certain period of time. The specified request is allowed to be sent only with the permission of the court, since this type of request affects the conditions of bank secrecy in accordance with Article 26 of Federal Law No. 395-1 "On Banks and Banking Activities". [9] All previously listed requests, methods and tools must be used in accordance with the law and taking into account the protection of users' personal data. At the same time, it is important to combine the efforts of all stakeholders, including service providers, in order to create a trusting and secure environment for Internet users. After analyzing the work of research scientists, we note the opinion of R.S. Atamanov, who focuses on the importance of creating a comprehensive methodology for searching for potential criminals on the Internet: "Improving methods of combating crime in the field of high technology in general and Internet fraud, in particular, requires law enforcement agencies to use science and technology more closely in their practice Therefore, it is preferable to conduct a comprehensive examination (in addition to computer-technical), the most important principles of which are: a) a versatile approach to the subject and phenomenon under study; b) prompt solution of several tasks of expert research at the same time; c) effective use of modern scientific and technical achievements." [10] However, it must be emphasized that users who create a "digital identity" for criminal purposes are constantly being improved, due to the constant development of digital technologies and ways of using them in criminal activities. This requires information and telecommunication technology specialists to constantly train and improve their skills in this area in order to be one step ahead of criminals and protect public safety and State sovereignty. It is necessary to understand that a digital personality cannot be considered as a subject of a crime, since it does not have an independent will, but acts as a tool with which a person interacts in the Internet space and with which a crime is realized. Also, in order to bring a person to justice for committing a crime on the Internet services, it is not enough to identify the account from which the crime was committed. [11] A specific person who committed a crime from this profile is subject to identification. Thus, the method of identifying signs of a person's identity based on his digital identity is a comprehensive approach that includes the development of an algorithm for the investigator's actions, conducting user data checks, creating a database and organizing cooperation with Internet service providers. Its purpose is to accurately build an algorithm of investigator's actions for effective investigation and disclosure of crimes, protect users from potential crimes and ensure the safety of people in the virtual space of the Internet. Summing up the above, it should be concluded that in forensic science there is no precise understanding of the term "digital personality" and an accurate algorithm for detecting signs of a person by his digital personality. In our work, we have tried to clarify this term and from this it should be understood that a "digital personality" is an artificially created virtual likeness of a person, as well as a complete falsification of his account on various Internet services. We have also developed an algorithm of actions for law enforcement agencies in identifying signs of a person by his digital identity for effective crime detection. And the examinations that are subject to mandatory appointment in the investigation and disclosure of crimes related to the identification of signs of a person by his digital identity are explained. After analyzing judicial practice, it was concluded that currently criminals have begun to use a digital identity to commit crimes most often on online dating platforms. These include crimes provided for in Article 163 of the Criminal Code of the Russian Federation (hereinafter – the Criminal Code of the Russian Federation), p "g", Part 3., Article 158 of the Criminal Code of the Russian Federation, Article 159 of the Criminal Code of the Russian Federation. The use of specialized Internet dating services by criminals significantly complicates the practice of investigating such crimes. References
1. Allen, J. (2011). The soft weeping of desire's loss: phenomenality, recognition, and the one who is dead in Kierkegaard's Works of Love. Kierkegaard and Death. Ed. P. Stokes, A. Buben. Pp. 233-252. Bloomington, IN: Indiana University Press.
2. Steinhart, E. C. (2014). Your digital afterlives: Computational theories of life after death. Palgrave Macmillan. 3. Mitchell, L. M. (2012). Stephenson P. H., Cadell S., Macdonald M. E. Death and grief on-line: Virtual memorialization and changing concepts of childhood death and parental bereavement on the Internet. Health Sociology Review. Vol. 21, Issue. P. 413-431. 4. Öhman, C., & Floridi, L. (2017). The Political Economy of Death in the Age of Information: A Critical Approach to the Digital Afterlife Industry. Minds and Machines. Vol. 27. P. 639-662. 5. Stokes, P. (2015). Deletion as second death: The moral status of digital remains. Ethics and Information Technology. Vol. 17, Issue 4. P. 237-248. 6. Stokes, P. (2011) Duties to the dead? Earnest imagination and remembrance. Kierkegaard and Death. Ed. P. Stokes, A. Buben. Pp. 253-273. Bloomington, IN: Indiana University Press. 7. Jorna, P. (2016). Australian Institute of Criminology. Australasian Consumer Fraud Taskforce: Results of the 2014 online consumer fraud survey [online]. Canberra, ACT: Australian Institute of Criminology. 8. Chidambaram, V. (2012). The Profile of a Cyber Criminal. PC Advisor. 9. Freiburger, Ò., & Jeffrey, S. (2011). Crane. The Internet as a Terrorist’s Tool. Cyber Criminology: Exploring Internet Crimes and Criminal Behavior. 10. Vikhman, V.V., & Romm, M.V. (2021). «Digital twins» in education: prospects and reality. Higher Education in Russia, 2, 22-32.
First Peer Review
Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
Second Peer Review
Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The conclusions are fully logical, as they are obtained using a generally accepted methodology. The article may be of interest to the readership in terms of the presence in it of the author's systematized positions in relation to topical issues of identifying signs of a person's personality by his digital identity. Based on the above, summing up all the positive and negative sides of the article, "I recommend publishing" |