Complete Book Content

  1. The Concept of Authenticity
    1. Alteration of Computer Records
    2. The Reliability of Computer Programs
    3. Identifying the Author of Computer-Stored Records
  2. The Concept of Relevancy
    1. Structure of Argument about Relevance
  3. Unfair Prejudice
  4. The Hearsay Rule
    1. Hearsay Rule and Computer-Generated Records
    2. Hearsay Rule and Computer-Stored Records
    3. Hearsay Rule and Voicemails
  5. The Concept of “Original” and the Application of the Best Evidence Rule to Computer Records in the Admissibility Process
  6. The Admissibility Foundation Check-list
  7. Evidentiary Weight of Electronic Documents
  1. Introduction: Document Generally
  2. Electronic Document
  3. The Concept of Signature in Electronic Document
    1. Electronic Signature: Proof of Electronic Communication under the Evidence Act
  4. Computer-Stored and Computer-Generated Records as Documents
    1. Computer-Stored Document/Records
    2. Computer-Generated Records
  5. Specific Electronic Documents Prone to Litigation and Their Admissibility Consideration
    1. Electronic Mail (Email )
    2. Text Messaging (Short Message Service)
    3. Instant Messaging (Chat Room Discussions)
    4. WhatsApp: An Online Messaging Service
    5. Black Box in Legal Proceedings (Evidentiary and Admissibility Issues)
    6. Digital Radiography (CT scan, MRI and other forms of X-ray documents) as Evidence in Legal Proceedings
  1. Introduction
  2. Understanding Digital Image
    1. Digital Image File Format
  3. Digital Images and the Concept of “Original”
  4. The Nature of Digital Image: Photograph and Video
    1. Digital Photograph
    2. Video as Digital Image
  5. Other Special Consideration for admissibility of Digital Image
    1. Early Disclosure; Avoidance of Trial by Ambush (Case of Video Data)
    2. Policy Orientation
  6. Objections to the Admissibility of Video and Photographic Images and their Audios
    1. Objection to the use of video evidence at trial may take the following forms
    2. When objection to the use of video evidence is raised, response is usually expected. Response may take the following forms
    3. On foundational issues, both parties must bear in mind that at all time material that
    4. Parties must acquaint themselves with the materiality of witnesses and the fact they are expected to testify
  7. Useful Tips and Precautionary Steps as Guide when Relying on Video or Digital Photographs for use as Evidence in the Courtroom or to launch a Challenge to Digital Image Admissibility
  8. Summary of Instances where Court Can Reject Video Evidence
  9. Training of Law Enforcement Officers and Prosecutors in Video Imagery
  1. Introduction
  2. Key Common Components in all Cellular Phones
    1. Operating System
    2. Software
    3. SIM Card
    4. SD Cards
    5. Battery
    6. Keypad
    7. Bluetooth
    8. Caller ID
    9. Global Positioning System (GPS)
  3. Cellular Phone Capabilities
  4. Cellular Networks and Channel-Access Technologies
    1. Global System for Mobile (GSM)
    2. Code Division Multiple Access (CDMA)
  5. Basic Components of Cellular/Mobile Networks
    1. Base Transceiver Stations (BTS)
    2. Mobile Station (MS)
    3. Mobile Switching Centre (MSC)
    4. Public Switched Telephone Network (PSTN)
  6. Call Detail Record (CDR)
  7. Cellular Location Evidence and Admissibility Issues
    1. Placing the Defendant in the Crime Scene
    2. The Hearsay Rule: Can Cell Phone Records, as kept by the Telecom Service Providers, be classified as Business Records for Purposes of Admissibility?
    3. Relevance or Otherwise of Cell Site Location Information
    4. Authentication of Cell Phone Records
    5. Lay and Expert Testimony in Presentation of Call Detail Record and Cell Site Data in Court
    6. Should a Certificate be produced to Authenticate Cellphone Record for Admissibility?
  1. Introduction
  2. Classification of Social Media Network
    1. Facebook
    2. WhatsApp
    3. Twitter
    4. Google+
    5. Wikipedia
    6. LinkedIn
    7. Reddit
    8. Pinterest
    9. Myspace
    10. Instagram
  3. Impact of the Content of Social Media Data on Criminal Investigation, eDiscovery and Tort Involving Insurance and Personal Injury Cases
    1. Social Networks and Criminal Investigation
    2. eDiscovery/Interrogatories
    3. Tort involving Insurance and Personal Injury
    4. Tort Involving Defamatory Publication
  4. Admissibility Issues in Social Networks
    1. Gathering and obtaining Evidence from Social Media Networks for Admissibility (Printouts and Screenshots)
    2. Relevancy Issues
    3. Authentication Issues
    4. The Hearsay Rule
    5. Unfair Prejudice
  5. Tips for introducing Social Media Content into Evidence
    1. Authentication Tips: Preliminary Questions
    2. Authenticating the Exhibit
    3. Authenticating Social Media Post
    4. Tips on Authenticating Tweets
  1. What is Electronic Banking?
  2. The eBanking Service Delivery Channels
    1. The Credit and Debit Card System
    2. Automated Teller Machine (ATM)
    3. Point-of-Sale Terminal
  3. Evidentiary and Legal Challenges in eBanking
    1. Enforceable Electronic Banking Transactions: Banks and Customer Relationship
    2. Vulnerabilities of Online Banking System: Weaknesses in the Technology
  4. Unauthorised Transfers and Bankers’ Liability: The ATM Factor
    1. The Foreseeability of Crime and the Duty to Exercise Ordinary Care
    2. Unauthorised Transfers at ATMs Premises
  5. Disputed Chip & Pin Transaction: Use of Forensic Evidence
    1. Validating the Application Transaction Counter (ATC)
    2. Validating the Cryptogram
    3. Nature of Dispute and their Inherent Problems
  6. Documentation of Electronic Funds Transactions
  7. ePayment Dispute Resolution in Nigeria
    1. Composition
    2. Terms of Reference
    3. Objectives of the Arbitration Framework
    4. Coverage Area of ePayment Dispute Arbitration Framework
    5. Criteria for admitting Complaints by the ePayment Dispute Arbitration Panel
    6. ePayment Dispute: Eligibility for Submission to the Arbitration Panel
    7. ePayment Dispute Liability
    8. Documents required for ePayment Dispute Arbitration irrespective of Channels
    9. Administration of the Arbitration Panel
    10. The Structure of the Arbitration Panel
    11. Ways for making all Parties Submissive to the Panel
    12. Sanctions and Enforcement
    13. Other Matters
  1. Mechanical Errors
    1. Environmentally-Induced Errors
    2. Hardware Failure
  2. Software Failure
    1. Instances of Software Failure in Recent Times
  3. Operating System Upgrade
    1. Insufficient Hardware
    2. Driver Problems
    3. Activation Error
  4. The Human Error – Factor
    1. Operating Mistakes
    2. Input Errors
  5. Technological Obsolescence
    1. Risks Associated with Use of Obsolete Hardware and Software
  6. Malware Infection
    1. Computer Virus
    2. Computer Worms
    3. Trojan Horse
    4. Spyware
    5. Ransomware
    6. Adware
    7. Bot
    8. Rootkits
  7. Other Threats that can Compromise the Function of a Computer
    1. Cookies
    2. Bluetooth
  8. Evidentiary Issues in Malware implicated in Criminal Trial: The Case of Trojan, Bots and Adware Defence
    1. Options available to Prosecution in Rebuttal to Malware Defence: The Case of Child pornography and related offences as Prohibited by Section 23 of the Nigeria Cybercrime Act 2015
  1. Introduction
  2. The Emerging Concept of Proportionality
  3. The Sedona Conference Principles of Proportionality
    1. The Burden and Cost of Preserving Potentially Relevant Information should be weighed against the Potential Value and Uniqueness of the Information when determining the Appropriate Scope of Preservation
    2. Discovery should generally be obtained from the Most Convenient, Least Burdensome and Least Expensive Sources
    3. Undue Burden, Expense or Delay resulting from a Party’s Action or Inaction should be weighed against that Party
    4. Extrinsic Information and Sampling may assist in the Analysis of whether requested Discovery is Sufficiently Important to Warrant the Potential Burden or Expense of Its Production
    5. Non-Monetary Factors should be considered when Evaluating the Burdens and Benefits of Discovery
    6. Technologies to Reduce Cost and Burden should be considered in the Proportionality Analysis
  1. Introduction
  2. Databases in eDiscovery
    1. Structured and Unstructured Data
    2. General Principles in Database Discovery
    3. Databases and Their Relevance in Criminal eDiscovery: The Case of Alibi
    4. Prosecutions Database: The Defence Access
  3. eDiscovery and Audio Evidence
    1. Nature and Sources of Audio Data in eDiscovery
    2. Preservation, Production/Retrieval and Privileged Issues in Audio Data
    3. Tools and Reviewing Mechanism of Audio Data
    4. Strategies for Managing Voice Recordings
  4. Matrimonial Dispute and eDiscovery
    1. Discovery involving Family Computer
    2. Limitations of Disclosure on Electronic Communications
    3. Production of Computer Hard Drives and Cell Phone SIM Cards
  5. eDiscovery and Financial Services: Banks and Other Related Institutions
    1. Litigation Readiness Plan, Incorporating CBN Directives: A Case for Document Retention Policy
    2. Compliance and Audit Procedures
  6. eDiscovery in Mergers and Acquisitions (M&A)
    1. Developing an eDiscovery Checklist for M&A
  7. eDiscovery and Metadata
    1. Preserving and Producing Metadata in eDiscovery
    2. When to Demand Production of Metadata in eDiscovery
    3. Production of Metadata and Privileged Information
    4. Relevance of Metadata in eDiscovery
  8. Cloud Computing and eDiscovery
    1. What really is “Cloud” in this Context?
    2. eDiscovery in the Cloud: The Potential Benefit
    3. Cloud Data Storage for Litigators: Disadvantages
    4. Implementation of eDiscovery Process in the Cloud
  9. eDiscovery in Arbitration
    1. Arbitral Bodies in Nigeria
    2. Rules or Protocols of Arbitral Bodies Dealing with eDiscovery in Arbitration in Nigeria
    3. The IBA Rules on the Taking of Evidence in International Commercial Arbitration
  10. eDiscovery in Criminal Investigation, Prosecution and Defence
    1. Background
    2. eDiscovery in Criminal Proceedings in Nigeria: Applicability of Existing Laws
    3. Common Challenges in eDiscovery in Criminal Cases
    4. Management of eDiscovery in Criminal Proceeding: Need for Expert Intervention
    5. The Right Against Self-Incrimination and eDiscovery
    6. eDiscovery of Emails and Text Messages in Criminal Proceeding
    7. When does a Duty to Preserve ESI or Electronic Data Relevant to Criminal Investigation Arises?
    8. Recommended Process for eDiscovery in Criminal Litigation
  1. Introduction
  2. Historical Development of Freedom of Information
  3. Enactment of Nigeria’s Freedom of Information Act (FOIA)
  4. Freedom of Information Act (FOIA) 2011
    1. The Objective of the Act
    2. Institutions to which FOIA Applies
    3. Files and Records subject to FOI Request and Production
    4. Obligation of the Public Institution to Keep, Organise and Maintain Records
    5. Right of any Person to Access, Request or Disclose Information
    6. Information Exempted from Disclosure
    7. Response to Access Request and Timeline
    8. Consequences for Refusal to Respond to Request
    9. Judicial Remedy for Denial of Access to Information
    10. Implementation of the FOIA and Role of the Attorney-General of the Federation
    11. Proactive Disclosure Requirements under the FOI Act
    12. Categories of Records required to be Disclosed Proactively
    13. Failure to Disclose Records Proactively under Section 2(3) of the FOI Act
  5. Are States Obligated to Enforce the Freedom of Information Act (FOIA)?
  6. The use of Technology in Access and Response to Request under the FOI Act with a view to managing its eDiscovery Process
    1. Background
    2. Creation and Maintenance of Public Records by Governments and Public Institutions
    3. Format of Record Keeping and Maintenance
    4. Access to Public Records in the Same Format Kept and Maintained by Governments and their Agencies
    5. Where the Records Requested are in the Cloud
    6. Is Private Email used by Officials of Government Agencies and Public Institutions subject to FOI Act?
    7. Maintaining Authenticity and Trustworthiness of Electronic Records for Purposes of FOI Act
    8. Application and Use of eDiscovery Process in the Management of Potentially Responsive ESI under FOI Act
  1. Introduction
  2. Search and Seizure Defined
  3. Fundamental Issues for Consideration in Search and Seizure in the Digital Age
    1. Privacy Issues and Search Warrants
    2. The Computer and the Warrant Process
    3. Nature of Search in the Technological Environment
  4. Existing Rules on Search and Seizure in Nigeria
  5. Applicable Rules on Search and Seizure of Computers and Their Devices in Digital Forensic Investigation in Nigeria
    1. Explanatory Notes on Section 45 of the Act
  6. Description of what to be Seized: Computer System Search
    1. Laser Printers
    2. Hard Disk Print Buffers
    3. Print Spooler Device
    4. Monitors
    5. Scanners
  7. Digital Property in the Cloud Subject to Search and Seizure
    1. Drafting a Warrant for Cloud Search and Seizure
  8. Affidavit in Support of Warrant for Search and Seizure of Computers
    1. The Role of the Computer in the Offence
    2. Description of Technical Information as contained in the Affidavit
    3. Description of the Role of the Computer in the Offence, where the Computer is an Instrumentality of the Crime
    4. Search Plan of the Computer used for the Illegal Purpose
  9. Further Consideration of Relevant Sections of the Cybercrime Act in relation to Search and Seizure
    1. Section 45(2)(e) Relating to Use or Cause to use a Computer or any Device to Search any Data contained in or available to any Computer System or Computer Network
    2. Section 45(2)(f): Use of any Technology to Decode or Decrypt any Coded or Encrypted Data contained in a Computer into Readable Text or Comprehensible Format
  10. Exceptions to the Warrant Requirement: Warrantless Searches
    1. Exigent Circumstances
    2. The Plain View Doctrine
    3. Border Searches
    4. Consent Searches
    5. Privileged and Confidential Information: The Doctors, Lawyers and the Clergy
  11. Offsite Search and Authorisation Request
  12. Need for Engagement of Experts in Search and Seizure Operations
  13. Is there Any Permissible Time Period for Examining Seized Media, Imposed by the Nigeria Cybercrime Act, 2015?
  14. Acquiring Data for Search and Seizure by Investigators
  15. Jurisdiction of a Judge to issue Search Warrant on a Computer System Existing Outside its National Territory
    1. Mutual Legal Assistance Treaty
  16. Basic Tips for Government Agencies for Request for Assistance from the Authority of Foreign Jurisdictions in Investigation, sequel to Search and Seizure
  17. Illegally-Obtained Evidence: Improper Search and Seizure
    1. Effect of Sections 14 and 15 of the Evidence Act 2011 on Illegally or Improperly obtained Evidence
  1. The Goal of Digital Forensic Investigation
  2. Investigative Framework: Methodology and Technique
    1. The Technique and Methodology
    2. Digital Forensics Investigation Framework: The FORZA (FORensics ZAchman) Framework
  3. Applicable Principles, Guidelines and Best Practices in Digital Forensic Investigation Technique and Methodology
    1. UK Association of Chief Police Officers (ACPO): Providing Guidance in Investigating Cyber Security Incidents and Crime
    2. ISO/IEC 27037 Guidelines for Identification, Collection, Acquisition and Preservation of Digital Evidence
    3. US National Institute of Justice: Electronic Crime Scene Investigation
  4. Common Agreement on Methodology and Technique in Digital Forensic Investigation
    1. Preliminary Issues for Consideration
    2. Maintaining System/Data Integrity and Chain of Custody
    3. The Common Areas of Agreement
  1. Expert Testimony and the Ultimate Issue
  2. Preparing the Expert to Testify
    1. Counsel Involvement in Preparation of the Expert in Giving Evidence in Court: Any Ethical Issue?
    2. Taking of Oath or Affirmation to tell the Truth, the Whole Truth and nothing but the Truth
  3. Direct Examination (Examination-in-Chief) of Expert Witness
    1. How to Proceed during Direct Examination
  4. Cross-Examination of Expert Witness
    1. Preparation for the Cross-Examination of Forensic Expert Witness
    2. Developing Questions in Aid of Cross-Examination
    3. Cross-Examination of Expert Witness: Consulting Expert to Assist Counsel
  5. Reliability of the Expert Evidence in Court
    1. Failure to Consider Relevant Data
  6. Weight and Probative Value of Expert Evidence
    1. Questions the Court may consider in evaluating Expert’s Methodology with a view to what weight to be attached in favour of or against Admissibility
  7. Is Forensic Expert Report/Evidence Binding on Court?
  8. Attitude of Court towards the Report of a Team of Experts
  9. Can Court Suo Moto call Expert Evidence?
  10. Conflict arising in the Report of Experts: How Treated?