Artificial Intelligence — a New Form of Using Special Knowledge in Investigating and Solving Cybercrimes

Abstract

The number of cybercrimes has grown considerably in recent years and now poses a serious threat for the national security of states, information systems and personal data of citizens. The reasons for this considerable increase in cybercrime are the change of global policy, the special military operation, and the restrictions connected with the COVID-19 pandemic. The authors examine the importance of using special knowledge and artificial intelligence (AI) in the investigation of cybercrimes. They research the concept of a cybercrime, and analyze the ideas of scholars on strengthening the counteraction to such criminal activities, which have been spreading rapidly in recent years. The authors conclude that cybercrimes are understood as socially dangerous unlawful behavior, carried out with the use of information technologies and inflicting considerable damage on the economic and reputational interests of people, organizations and the state. They present a classification of the most common types of cybercrimes and key methods of carrying them out. They also analyze the research discussion on the contents of special knowledge, which allows the authors to conclude that in modern legal conditions AI, being a new form of special knowledge, requires a new understanding in view of the use of this knowledge in criminal proceedings. Taking into consideration that this format includes machine self-learning, neural networks, evolutionary algorithms, etc., the authors attempt to outline how they can be used for solving complex criminalistic tasks that require a preliminary analysis of large volumes of forensically relevant information, identification of images and regularities, and argumentation of making organizational-procedural decisions. The authors examine the cyberspheres where special technical knowledge is used, such as cybersecurity, computer architecture, reverse engineering, digital forensics, system administration. AI has a tremendous potential for the modern criminal process, its use will make it possible to enhance the effectiveness of investigatory work as it will considerably improve the speed and effectiveness of procedural actions and pre-court proceedings for criminal cases in general. It is, however, necessary to take into account the existing risks and limitations connected with its use in court-investigative practice. The authors conclude that in order to ensure the adequate use of opportunities offered by AI in the criminal process, it is necessary to develop ethical and legal principles of its inclusion in the sphere of special knowledge used in criminal court proceedings for acquiring forensic evidence on criminal cases.