I.

Introduction:

Digital technologies has become an important part in people’s lives. It has been developed in
many kinds of ways, portable and not portable in different kind of forms. During the 13th
Century, a new kind of technology was created by Salvino D’Armati and it was the very first
wearable regarding eye glasses. Then as history evolves, in the 1960s, a new kind of
technology was created by a mathematic professor called Edward Thorp and this was the
very first wearable computer. Then came the calculator wristwatch launched by Casio.
(Wearable Technology – Then & Now | | Resource Centre by Reliance Digital, n.d.). So,
before going into depth, wearable technologies can be defined as any kind of electronic
devices, both portable and not portable, in the form of accessories to record people
informations such as fitness activities or people’s data.(March 18 & Intelligence, 2022)
(history)
Technology has indeed contributed several facilities in the user’s life. Wearables
technologies started from smartwatches or the fitness trackers to virtual reality glasses have
become part of people lives both for personal use, military use, entertainment, health,
education, business, criminal and so on.(Wearables,Wearable Technology & Devices -
Happiest Minds, n.d.) The interaction between a user and a wearable technology has
increased so much that it could be considered as the next smartphone in the future. Just like
it is very useful to an individual, wearables technologies has been a huge help in the legal
framework and found its way in criminal investigations. Since wearables technologies can be
used for tracking biometrics and location data, evidence related to accidents or heath issues
can be backed up thorugh these digital accessories.(csdiscovery, 2023) Now with the
introduction of virtual reality, new areas of the criminal field that was never explored before,
will give a new insight on how useful it can be to collect evidence. For example, a crime
scene could be brought to the investigator directly from just requiring the investigator to use
VR and travel to crime scenes un remote locations.(Forensic Frontiers: Revolutionising
Crime Scene Analysis with vr Technology, 2023)

Therefore, the development of wearables technologies has no end and will evolve in various
ways that would be useful in criminal investigations. With the help of experts, AI and other
forms of modern technologies, it would be easier to reinforce the criminal system and protect
citizens. Just like wearables can be useful to both individuals and investigators, using
technology wrongly can contribute to harmful effects. It is important to be aware that
wearables technologies arose privacy and security concerns, too much dependence, limited
battery life impacting on the accuracy and interpretation of data and the cost.(Wearable
Devices: An Overview of Technology, Advantages and Disadvantages, n.d.) All these can
impact on how wearables could be used in criminal investigation and weather evidence can
be fully based on such data.
II. Contribution of Wearables to Digital Evidence Collection

Wearables have revolutionised the world so much that they are now being used in criminal
investigations to gather digital evidence. Wearables appear in various forms, and as the
name itself implies, they are technologies that can be worn by users. Several evolutions
have been made regarding wearables, and nowadays, it can be noticed that wearables have
taken on several forms, whether as accessories or more advanced technologies. And each
type of wearable technology has contributed to the acquisition of digital evidence in criminal
investigations.

A. Types of wearables.

Nowadays, wearables have appeared in various kinds of forms such as smartwatches,

fitness trackers, smart glasses, body cameras, smart clothing, and so on. Each kind of
wearable technology is useful to its users, and each one of them has its own purpose and
usefulness in collecting digital evidence and to what extent it can be used in that field.

Taking the first one, the smartwatch. Unlike traditional and everyday watches, smartwatches
function as extensions by being linked to the smartphone. It has advanced features such as
answering calls, sending and receiving messages, tracking daily life activities, using a
speaker of a microphone, and/or answering a call directly from the smartphone. It also offers
features in the health sector where oxygen levels are available, sports and cardiovascular
tracking, and so on. The same health function is available on another form of wearable
called the fitness tracker, and as the name implies, it tracks activities such as the distance
walked, sleep duration, calories, and many more functions.(6 Types of Wearable Technology
You Must Know Right Now | Telecoming | MONETIZATION TECHNOLOGY, n.d.)

Another device is smart glasses, and one example would be VR- Virtual Reality. This
wearable device allows its users to enter a virtual environment to play games, socialize, play
sports, be someone else, and much more. And such a virtual device would be beneficial as
well in training, experiencing a scene again, which could be either entertainment or a
criminal scene, and so on. Another wearable mentioned above is the smart clothing. This is
a pretty new concept intended to monitor and collect personal health data, and the human
body's physical capabilities are expanded by the computers integrated within. Lastly, body
cameras are useful in entertainment. This device enables users to enjoy any form of
activities with hands free and recording their activities at the same time.For example, the
GoPro camera is the most widely used device of this kind. (6 Types of Wearable Technology
You Must Know Right Now | Telecoming | MONETIZATION TECHNOLOGY, n.d.)

To conclude this idea on the different types of wearable, the similar aspect of all these
devices is that it record data about the user and such data could be useful in collecting
digital evidence for criminal investigation, which will be elaborated in the next part.
B. Data captured by wearables.

Various wearables have been discovered, such as smartwatches, fitness trackers, smart
glasses, body cameras, and smart clothing, and how these devices collect data about the
user. But the question here is how these data could be used in criminal investigations.

Wearable technology location data can produce forensically sound evidence that is
beneficial in legal proceedings. This information can be used to disprove someone's
testimony, validate alibis, and establish whether or not a person was present at a scene. For
instance, we were able to confirm the suspicions of an insurance company's Special
Investigation Unit (SIU) that the claimant was lying about a particular incident when they
contacted Envista's digital forensics experts. The claimant insisted they had spent the entire
night in one location, but data from their fitness monitor showed they had really moved
almost six miles during that time. (Fitness Wearables as Digital Evidence: Exploring the
Intersection of Health and Investigation | Envista Forensics, n.d.)

It has been identified that a fitness watcher monitors the user’s data related to his or her
health and sports activities. Such information could be used in court proceedings to back up
the inconsistency that occurred in a victim’s health. With biometric data, since it provides
accurate information, it could act as an additional form of evidence just like experts or
medical reports and this is becoming a common use. For example, a digital forensics
specialist could gather information from a fitness tracker and then send the heart rate
monitoring data to a cardiologist for professional analysis. Moreover, biometric data from
fitness wearables could be used in fraud investigations. For instance, contrasting the
information gathered from a claimant's reported daily activities with the activity that their
wearable gadget really records. This could increase credibility in statements. (Fitness
Wearables as Digital Evidence: Exploring the Intersection of Health and Investigation |
Envista Forensics, n.d.) With fitness watcher, it is easier to track the movement patterns of
the user.

With smart glasses, especially taking the example of VR, evidence could be digitally stored.
For example when taking a picture of a situation so you can walk through it later. Long after
they're cleared for evidence, smart glasses might make these scenes interactive, allowing
detectives back at the station to work with digitally generated things.(Crime Scene
Investigations of the Future with Smart Glasses, n.d.). Using recordings from body cameras
in digital evidence. Events are provided by the recorded video, which may be used to
confirm the credibility of police and witness statements and guarantee the veracity of any
report. (Stolth, 2023).

This clearly shows the data captured by the different kinds of wearables mentioned can be
useful when tracking location, biometric data, communication tracking, the movements of the
users, and finally for visual and audio recordings.
C. Examples of cases where wearables provided crucial evidence.

Wearables have been useful in collecting digital evidence in criminal investigations, and
several examples have shown that, especially in cases of Homicides, assault, kidnapping,
theft, and domestic violence. The following paragraphs will show how many cases have
been solved through the use of wearables as an additional form of evidence.

Regarding missing persons and homicides, Fitbit was used to find a missing lowa girl and
that was the case of Mollie Tibbetts in 2018. Wearable device data extraction is beginning to
offer vital evidence in various instances that have resulted in arrests and prosecutions,
despite the Tibbetts case's lack of success. There is also the case of Kelly Herron which
explains that she escape form an attacker and her wrist- worn device showed her
movement. For murder cases, there was the case of Karen Navarra, where a man was
charged with murder and fitbit evidence confirmed the time of the victim’s death. (How
Wearables Are Being Used to Solve Homicides, Missing Person and Illicit Drug Cases -
Cellebrite, n.d.)

Wearables in sexual assault cases was another intriguing feature of the case that was
featured on the TV show. In this instance, the accuser's location, heart rate, and level of
activity at the claimed sexual assault were ascertained using information from a Fitbit Activity
Tracker. In the seminal Steubenville case of 2012, images of an ongoing sexual assault were
posted on social media and via mobile devices. An Ohio teen was charged with broadcasting
the sexual assault of a minor on the mobile broadcasting software Periscope. (The Rarity of
False Rape Reports; a Brave New World of Technology | PCAR, n.d.). Another case in
domestic violence would be the Calhoun case. Calhoun provided a solution how wearables
could be used and stated that using proactive alerts enable authorities to act quickly to
safeguard victims, and the recorded data is acceptable evidence useful to prosecute
offenders who disobey court orders.(Preventing Domestic Violence with Wearables, n.d.)

Thus, it can be seen that the data from wearables can be a useful supplement to digital
evidence retrieved from other sources, like smartphones, encrypted cloud accounts,
surveillance footage, and even audio recordings, as wearables are increasingly providing
crucial evidence. (How Wearables Are Being Used to Solve Homicides, Missing Person and
Illicit Drug Cases - Cellebrite, n.d.)

III. Techniques and Tools for Extracting and Interpreting Data from Wearables

A variety of methods and instruments are used in the process of collecting and analyzing
data collected by wearables, in order to access, examine, and no comprehend what these
devices have recorded. Such techniques and tools normally involves legal implications such
as what are the proper authorisation to obtain these digital evidence, the extraction of these
data and how they are interpreted. Thus, the following paragraphs will elaborate on the legal
implications on using data from wearables.
A. Legal considerations and warrants.

When using digital evidence in criminal investigations, the question to determine is to what
extent these forms of evidence using wearables are admissible in court and to what kind of
authorization is needed to obtain this digital evidence.

To assess any form of evidence before a court, a validity test is undertaken. Electronic
evidence produced in court acts as an additional source of evidence supporting the
reasoning of what is being brought. There are several kinds of digital evidence, as seen
above, and because of its wide range, lawmakers have been forced to create rules that take
into account the different types of computer output, including digital evidence. Nowadays,
data and crime are linked by electronic evidence to determine the connection established
between the offender and the victim. (Moussa, 2021)

Handling digital evidence in criminal investigations could be seen as less complicated than
actual physical evidence. The question is how to obtain them and to what extent they are
admissible. So, if forensic evidence is legally collected, it must be accepted as evidence.
The inspection process is seen as invalid if the policies and procedures are incorrect during
the collection and inspection of digital evidence. Regarding the legitimacy of the electronic
evidence, there are numerous legal interpretations that will be used by a judge to support a
conviction. In accordance with the legal evidence system, the judge's duties are limited to
reviewing the evidence and making sure that the legal requirements for the work's validity
are met. (Moussa, 2021)

The statute permits the judge to compile a list of evidence after assessing its admissibility in
court. With its roots in Anglo-Saxon systems, this system is known as a restricted evidence
system. Electronic evidence is not admissible under the Anglo-Saxon judicial system unless
it is specifically listed among the accepted forms of evidence. The British Evidence Act is
one instance of this, outlining digital evidence's evidentiary value. The following formal
requirements must be met: the digital evidence must be gathered in accordance with the
guidelines and protocols set forth by the relevant laws. To gather the necessary evidence, a
permit must also be sought from the public prosecution or the appropriate entity charged
with conducting the inspection. Lastly, the judicial arrest officer needs to be technically
proficient in order to speed up the inspection procedure and make the digital evidence
visible. (Moussa, 2021)
B. Forensic analysis software+ Wearables- Specific Extraction Methods:

The question here to be asked is after having the wearables, how to extract the data from
these tools and what could be the techniques to recover data from wearable technologies.

The extraction of data from wearable technologies takes 4 steps. The first one is the
automated extraction. This procedure is meant to be automatic and self contained. What is
needed for the extraction of data is for the smartphone to be connected to a DEFA system,
which is a data extraction and foreign analysis system. This DEFA system is used in forensic
investigations including wearables, cellphones, and connected smart home appliances.
Thus, once the smartphone is connected to the DEFA, the data concerned will be extracted
and stored. The second form of extraction is selective extraction. The DEFA then selects
what data is related to the linked device and focuses on artifacts synced from wearables and
IOT devices. Selection is more effective than extracting all the data from the wearable
device.(Dorai et al., n.d.)

Concerning the artifacts and evidence, particular artifacts that attest to the wearable and
smartphone's pairing and syncing are found, including device configurations, app data, and
pairing information. Finally, for health data apps, iOS backups do not contain health app data
due to security reasons. Nevertheless, DEFA uses the iOS Share feature to export and
retrieve essential information from health applications.(Dorai et al., n.d.)

Although this discussion of location tracking data and biometric data is significant, it raises 2
questions: how is data obtained, and what about deleted data? Users' location, activity
levels, and other parameters are among the metrics that fitness wearables gather data
about. The internal memory of the device stores this data, which is subsequently sent to data
repositories such as smartphone applications and internet accounts. This means that by
using digital forensic techniques like chip-off forensics and forensic extractions, with the use
of cloud, lost data can still be retrieved, as long as the smartphone is connected, or the
fitness wearable itself—even if the device is destroyed. (Fitness Wearables as Digital
Evidence: Exploring the Intersection of Health and Investigation | Envista Forensics, n.d.)

There may be erased data in storage sections on the wearable device or smartphone
connected to it. Stated differently, a digital forensic specialist can retrieve data that was "lost"
during regular device operation or that the claimant mistakenly or purposely erased by using
specialized forensic devices and software. (Fitness Wearables as Digital Evidence:
Exploring the Intersection of Health and Investigation | Envista Forensics, n.d.)
D. Interpretation and Analysis:

It has been seen that various forms of variables, such as fitness watches, smartwatches, VR
and so on were used in criminal investigations to reconstruct events, obtain digital evidence
and effectively determine the criminal case. This part deals with the investigation. What
about witness testimony?

A witness's testimony can be very useful in interpreting and analysing wearable data in
criminal investigations. One aspect that is derived from a witness is crowdsourced
verification. By using crowdsourced logging, witnesses can independently confirm the
accuracy and dependability of the data sent by wearable devices. At the same time,
witnesses can offer location proof, which is essential in forensic investigations, by attesting
to the existence of a wearable device at a specific time and place. There is also tamper
detection, where sometimes, data changes reduce the credibility of witnesses' records, but
witnesses help identify these forms of changes that occurred in the device’s data. All these
elements that a witness can provide can be done while having their identities protected
thanks to using pseudonyms. (Siddiqi et al., 2020)

Just like using wearables as digital evidence, wearable devices can also be
cross-referenced with other forms of evidence to increase their credibility. For example,
wearable devices could be cross-referenced with camera devices. Its aims, according to the
local council, are to gather evidence for real or suspected legal infractions, to maintain,
enhance, and promote community safety, and to guarantee the security and well-being of
council officers and property. The local government area, council-owned or managed
property, assets, and council workplaces are the only common areas where wearable
cameras and other camera equipment may be used. (TITLE: Use of Wearable Cameras and
Other Camera Devices -Protocol, n.d.)

IV. Challenges and limitations:

It has been seen so far that wearable devices have been very useful in criminal
investigations for several reasons. Just like any other technological device is very useful, it
also brings some challenges and limitations to forensic investigators in criminal
investigations, and such challenges and limitations encompass privacy, encryption and
security measures, and technical expertise in the interpretation and extraction of data.

Privacy is enshrined in Section 8 of the Canadian Charter of Rights and Freedoms, which
protects privacy from unreasonable searches and seizures.(Facts Privacy: A Fundamental
Right in Canada, 2008). So, privacy is seen as both a limitation and a challenge when
dealing with wearable devices for digital evidence. Already, as seen above, wearables
contain personal data about their users including their activities for the whole year, and
acquiring them for investigation to be used to corroborate or refute claims. Accessing those
data by investigators without any proper legal procedure can breach the right of privacy or if
the data is wrongly used by the investigators. (Hutchinson et al., 2022)
Wearable device encryption presents a plethora of advantages and potential, including
better privacy, stronger security, and increased innovation. Data can be shielded from theft,
alteration, and illegal access with encryption, which lowers the possibility of identity theft and
cyberattacks. Additionally, it can stop unauthorized tracking and profiling and offer
consumers greater control over their own personal information. Additionally, encryption can
facilitate cooperation, analysis, and safe and private data sharing between users,
researchers, and providers. Additionally, it can make it easier for wearable data to be
exchanged for new types of digital identity, control, and value.(What Are the Main
Challenges and Opportunities for Wearable Data Encryption?, n.d.)

In terms of extraction and interpretation, wearables data are extracted through the Kalman
filter fusion algorithm method to fuse sensor datat for initial state estimation. Then, the CNN
(Convolutional neutral network) model is applied to identify and produce behavior sets that
correlate to human behavior. After the CNN application, there is the experimentation method
to confirm its efficacy in feature extraction and generalization capacity, experiments were
carried out on five datasets.The precise data feature extraction provided by the approach
can help a number of applications, such as the creation of artificial intelligence and health
monitoring. (Wang, 2022)

V. Conclusion:

In conclusion, wearable technologies have become a treasure trove for collecting digital
evidence in criminal investigations. There are different forms of wearable devices, each
having a useful feature as digital evidence and what has been the legal means to acquire,
extract and interpret these forms of evidence. But its constant evolution has also created
challenges and limitations in terms of privacy, encryption and security, extraction and
interpretation.

Future wearable technology advancements from a futuristic perspective, offer promising

chances to enhance law enforcement agencies' ability to conduct criminal investigations.
With advanced technologies such as better sensors, more data storage, better networking,
forensic investigations would have more advantges in collective digital evidence. There is
easier analysis and interpretation from the help of AI and machine learning to help forensic
investigators to have better decisons and increase credibility.
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