The Book

Digital Evidence & eDiscovery Law Practice in Nigeria

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Recall that erstwhile in litigation, searching for the smoking gun once meant navigating oceans of paper captured in folders, boxes, cabinets, rooms and warehouses. But today, that is not to be. The smoking gun is likely smoking on someone’s hard drive, servers or computer networks waiting to be discovered and made available to court in proof of a particular claim or defence thereof.

Therefore, in order to develop the cutting-edge digital skills needed to become proficient in Digital Evidence, eDiscovery and digital forensics to enable lawyers, prosecutors, law enforcement and judges to take advantage of the potential knowledge inherent in digital data to streamline the pre-trial and trial processes, saw the development of this book as an Electronic Evidentiary Tool for 21st Century Law Practice for Admissibility of Digital Evidence & Management of eDiscovery Law Practice for the Bar and the Bench in Nigeria.

“One of the compelling points of this book is that the author writes from the vantage point of law and forensics, having been dual qualified” Hon. Mr. Justice Walter S. N. Onnoghen, GCON. (Former Honourable Chief Justice of Nigeria)

The Book Foreword

The Book Foreword written by Hon. Mr. Justice Walter S. N. Onnoghen, GCON, the Honourable Chief Justice of Nigeria, November, 2018. 

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About the Author

Emeka Arinze Esq., is the first Nigerian lawyer to be dual qualified in Law and Forensic Technology. Called to Nigerian bar in 1983, he holds a Masters’ degree (LL.M) in law of the University of Lagos, Nigeria and a Masters’ degree in Information Technology (with emphasis on forensic technology) of the University of Lagos, Nigeria.

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The Book Content

This book, with about 1300 pages, 49 chapters, comes in both physical and electronic format and is divided into 5 parts namely:

Chapter 1: An Overview of the Law of Evidence: The Pre-Digital Age​
Chapter 2: The Emergence of the Law of Evidence in the Contemporary World: Integrated Circuits and the Concept of Binary Digits ​
Chapter 3: Understanding Computer System Components, Functions and Their Evidentiary Values ​
Chapter 4: Digital Evidence Sources and Their Evidentiary Values ​
Chapter 5: Admissibility Foundation for Digital Evidence ​
Chapter 6: Electronic Document and Admissibility Foundation ​
Chapter 7: Digital Images as Evidence​ ​
Chapter 8: Cellphone Data and Cellular Networks as Evidence​ ​
Chapter 9: Social Networks and Digital Evidence ​
Chapter 10: Satellite Image (Data) as Digital Evidence ​
Chapter 11: Electronic Banking and Evidentiary Challenges ​
Chapter 12: Legal Issues Specific to Deoxyribonucleic Acid (DNA) Forensic Evidence ​
Chapter 13: Logs as Digital Evidence ​
Chapter 14: Cryptography and Blockchain: The Backbone of Digital Evidence Authentication​ ​
Chapter 15: Chain of Custody: It’s Application to Digital Evidence ​
Chapter 16: Judicial Notice in the Digital Age​ ​
Chapter 17: System Malfunction and Integrity Violation: A Case for Section 84 of the Evidence Act, 2011​ ​
Chapter 18: Evaluation of Section 84 of Nigeria Evidence Act 2011 and A Critique of the Supreme Court Decisions in Kubor v. Dickson and Kubor v. Sylva​ ​
Chapter 19: eDiscovery: An Overview ​
Chapter 20: The Development of eDiscovery Guidelines, Reference Models/Legal Framework ​
Chapter 21: An Overview of eDiscovery Development and Application in Different Jurisdictions and Nigeria ​
Chapter 22: Litigation-Readiness Plan: Getting Ready for eDiscovery ​
Chapter 23: The Preservation of Evidence and Litigation Hold ​
Chapter 24: Pre-Trial Conference, and Early Exchange of Computer System Information, Pursuant to eDiscovery ​
Chapter 25: Production of Electronically Stored Document ​
Chapter 26: Accessibility and Inaccessibility Issues in the Production of Electronically Stored Information ​
Chapter 27: The Principle of Proportionality in Producing Electronically Stored Information in eDiscovery ​
Chapter 28: Organisations, in-house legal departments and IT personnel can no longer turn a blind eye and pretend electronic discovery is just a passing fad. The 21st century courts are not only handling electronic data as mainstream discovery, they are also unwilling to tolerate destruction of relevant electronic evidence. Chapter 28 explains the notion of spoliation of evidence and sanctions that go with it. ​
Chapter 29: Subject-Specific Sources of Discoverable Electronic Stored Information in eDiscovery ​
Chapter 30: Freedom of Information Act (FOIA) 2011: Access to Information in the Age of Electronic Record ​
Chapter 31: The Basic Concepts and Locard Exchange Principle in Digital Forensic Investigations ​
Chapter 32: Investigators, Prosecutors and Defence Counsel Familiarity with Basic Computer Concepts and Resources ​
Chapter 33: Locating and Protecting Electronically-Stored Data in Digital Investigation ​
Chapter 34: Digital Forensic Investigative Tools ​
Chapter 35: Search and Seizure in Digital Forensic Investigation ​
Chapter 36: Digital Forensic Investigative Methodology and Techniques ​
Chapter 37: Application of Digital Forensic Investigative Technique: A Case of Money Laundry in Nigeria ​
Chapter 38: Cybercrime: Evidentiary Issues in Prosecution and Defence in Consequence of Digital Forensic Investigation ​
Chapter 39: The Emergence of Expert Witness, the Concept of Expert Opinion and Common Knowledge ​
Chapter 40: Duties and Responsibilities of Expert Witness ​
Chapter 41: Ethical Issues and Disqualification of Expert Witness ​
Chapter 42: The Expert Witness Report ​
Chapter 43: Admissibility of Forensic Expert Evidence in Court ​
Chapter 44: Digital Forensic Expert Witness in Court ​
Chapter 45: Stare Decisis and Persuasive Authority: Resort to Foreign Decisions in Digital Evidence and eDiscovery Law Practice in Nigeria ​
Chapter 46: Digital Evidence: Landmark Cases ​
Chapter 47: eDiscovery: Landmark Cases ​
Chapter 48: Digital Forensic Investigation: Landmark Cases ​
Chapter 49: Forensic Expert Evidence: Landmark Cases ​
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The Book Content by Chapters

  1. Background
  2. The Earlier Conversation
    1. The Law of Evidence and Its Essence
    2. Forms and Nature of Evidence
    3. Evidence: All about Proof
    4. The Concept of Document and “Original”
     
  3. Witnesses and Hearsay Rule
    1. Examination of Witnesses
     
  4. The New Age Conversation
 
  1. Hardware Components
    1. Central Processing Unit (CPU) and Motherboard
    2. Memory
    3. Peripherals/Devices
  2. Software Components
    1. System Software
    2. Applications Software
    3. Proprietary or Open Software
  3. How Computer Inputs, Processes, Outputs and or Stores Data
    1. Starting the Computer: The Booting Process/Data Input
    2. Data Processing and Storage
    3. Data Output
  4. The Evidentiary Value of Computer Components in Legal Proceeding
 
  1. Hard Drives
    1. Files Created by the Computer User
    2. Files Protected by Computer User
    3. Files created by the Computer
  2. Networks and Servers
    1. Home Directories
    2. File Servers, Shared Drives or Group Shares
    3. Email Servers
    4. Internet-Based File Servers or Internet Storage Providers
  3. Device Equipment
    1. Photocopiers
    2. Keylogger
    3. Mobile Devices
    4. Satellite Navigation Devices
    5. Internet Service Providers (ISP) Records or Log Files
    6. Backup Devices
    7. Subscriber Identity Module (SIM)
  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. Satellite and Its Constituents
    1. Treaty on Principles governing Activities of States in Exploration and use of Outer Space, including
      the Moon, Artificial Earth Satellites and Remote Sensing of Earth from Outer Space by UN
    2. Global Positioning System (GPS)
    3. Google Earth Satellite Imagery
  2. Privacy and Security Issues in Satellite Imagery (Data)
  3. Technical and Legal Challenges faced by Satellite Imagery as Legal Evidence
  4. Foundation for Admissibility of Satellite Imagery/Data
    1. System Functionality and Authentication
    2. Chain of Custody
    3. Manipulation and Reliability Issues
  5. Use of Satellite Imagery as Evidence at the International Courts of Justice and other Organisations
 
  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. Deoxyribonucleic Acid (DNA): An Overview
  2. DNA Profile and the Forensics Database
  3. The Creation of National DNA Database: A Case for Legislative Frame Work for Nigeria
  4. DNA and Admissibility Issues
  5. Foundation for Admissibility of DNA Evidence in Court
    1. Reliability
    2. Prejudice
    3. Chain of Custody
    4. Laboratory Standards and Best Practice Requirement for Compliance
  6. DNA Report: A catalyst in the Hands of The Prosecutor and The Defence Counsel in Criminal Proceeding
  7. Presentation of DNA Evidence in Court: Use of Experts
 
  1. What are Log Files/Records?
  2. Different Log Types and Their Evidentiary Values
  3. Can Log Records be Manipulated?
  4. Activities highlighting the Usefulness of Log Records in Litigation Process
    1. Email Account Activity
    2. Posting and Deleting Content on the Internet
    3. Unique Identifiers
    4. Interstate Commerce
  5. Authenticating Log Data for Admissibility
    1. Best Practices that ensure Admissibility of Log Data
 
  1. Introduction
  2. Cryptography
    1. What is Cryptography?
    2. Cryptography and Digital Signature
  3. Blockchain Technology
    1. Introduction
    2. The Blockchain Concept
 
  1. Introduction
  2. The Phrase, “Chain of Custody” and Its Documentation
  3. Chain of Custody in the Digital Environment
    1. Ensuring Integrity of Chain of Custody Log
    2. Chain of Custody and Hardware Components
  4. Chain of Custody in Certain eDocument and their Authentication Process
    1. Audio and Video Files
    2. Email
    3. Webpage
  5. Party Admitting and Party Objecting to Digital Chain of Custody: What to Watch Out For
    1. The Admitting Party
  6. The Party Objecting
 
  1. What is Judicial Notice?
  2. Technology and Judicial Notice
    1. Can Courts Take Judicial Notice of The Fact That Computers and Scientific Instruments Work in an Efficient
      Manner until Proved Otherwise?
    2. Digital Content that Courts may take Judicial Notice
  3. Framework for the Application of Judicial Notice in the Digital Age
    1. The Legal Framework
    2. Reliability of the Source
    3. Bias Consideration
 
  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
    1. Understanding the underlying Technology as a Precursor to Section 84 of the Evidence Act
  2. Analysis and Evaluation of Section 84
    1. Section 84 (1): Admissibility of Statement Contained in a Document Produced by a Computer
    2. Section 84 (2): Regularly Conducted Activity, Trustworthiness and Reliability of the Computer
    3. Section 84 (3): Activity Derived from a Networked Device
    4. Section 84(4): Production of Certificate
    5. Section 84 (5)
  3. Does the Evidence Act Contemplate or Permit the Proof of Electronic Record by Oral Evidence if the Requirements under Section 84(4) of the Act are not complied with? A Critique of the Supreme Court Decision in Dickson v. Sylva
  4. The Supreme Court Decision in Kubor v. Dickson with reference to Section 84 (2) and (4) of the Act: A Critique
 
  1. Discovery as a Judicial Process
  2. eDiscovery Explained
  3. Electronically-Stored Information (ESI): The Subject of eDiscovery
    1. Forms and Sources of ESI
    2. Challenges posed by ESI
    3. Unique Characteristics of ESI as Distinguished from Traditional Paper-based Files
 
  1. The Sedona Principles and eDiscovery
  2. Electronic Discovery Reference Model (EDRM)
  3. Electronic Discovery Best Practices (EDBP)
    1. Litigation Readiness Activities.
    2. Cooperation.
    3. Review.
    4. Productions.
    5. Evidence
 
  1. The United States of America
    1. The 2006 Amendment to the US Federal Rules of Civil Procedure
  2. Canada
  3. The United Kingdom
  4. Australia
  5. Singapore
  6. Nigeria
 
  1. Early Engagement of an Expert
  2. Counsels’ Initial Appraisal of Clients’ Corporate IT Infrastructure and Interview
    1. Corporate IT Infrastructure: Data Map
    2. Client Interview
 
  1. Introduction
  2. The Duty to Preserve Evidence: When does it arise?
    1. Before the Commencement of Litigation
    2. After the Commencement of Litigation
  3. Preserving Evidence through Demand Letter
    1. Content of Letter of Preservation
  4. Litigation Hold
 
  1. Introduction
  2. Pre-Trial Conference/Hearing and eDiscovery
    1. Meet and Confer
  3. Early Exchange of Computer System Information
 
  1. Requests for Production of ESI
  2. Production Formats in eDiscovery
    1. The Native File Format
    2. Near-Native Forms
    3. Image (Near-Paper) Production
    4. Searchable Text Files
    5. Paper Production
  3. Inadvertent Production of Privileged/Confidential Information
  4. Possession, Custody or Control
  5. Responses and Objections
  6. Search for Production ESI
    1. Index Search
    2. Concept Search
    3. Boolean Search
    4. Fuzzy Search
    5. Phonic Search
    6. Synonym Search
    7. Stemming Search
    8. Predictive Code/Search
    9. Multimodal Approach
  7. Are Keywords disclosable by Parties in Litigation?
  8. Cost Shifting and Cost Sharing Agreements in Production
 
  1. Introduction
  2. Accessible and Inaccessible Electronically Stored Information
    1. Media-Based Factors
    2. Data Complexity Factors
    3. Guidelines to Parties on Accessible and Inaccessible ESI
 
  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. What is Spoliation?
  3. Preventing Spoliation
  4. Sanctions for Spoliation
    1. Consideration for Sanction
    2. Safe Harbour Principles
 
  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. The Background Concepts
    1. Forensics and Its Historical Emergence
    2. Digital Forensics as a sub-division of Forensic Science
  2. The Locard Exchange Principle otherwise known as Trace Evidence
    1. Trace Evidence in Digital Activity Log
    2. Trace Evidence and Fingerprint Identification
    3. Trace Evidence in Deoxyribonucleic Acid (DNA) Marching
 
  1. Operating System
    1. Operating System Feature
  2. File System Concept
    1. Inodes
    2. Hard Links and Symbolic Links
    3. File Operations
    4. The Registry Structures
    5. The Hierarchical Tree Structure
    6. Variability of the Registry
    7. How Registry Data is used
    8. The Boot Process
 
  1. Deleted Data
  2. Hidden/Encrypted Data
  3. Device Shielding
  4. Renamed Files and Files with changed Extensions
  5. Evidence Commonly found on Hard Drives
    1. Files created by Computer Users
    2. Files Protected by Computer Users
    3. Global Position System (GPS)
    4. Barriers and Signal Jamming
 
  1. Disk Imaging Tool
    1. The National Institute of Standards and Technology (NIST)
  2. Software Authentication Tool
    1. National Software Reference Library (NSRL)
  3. Decryption Tools
  4. Audit Log File Tool
  5. IP Address Tracker
  6. Email Recovery Tool
 
  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. Introduction
  2. Money Laundry: Its Techniques
  3. Criminalising Money Laundry: FATF and Nigeria
  4. Digital Forensic Investigation in Money Laundry
    1. Information Sources in Money Laundry Investigation
    2. The Application of Digital Forensic Technique in the Investigation
  5. Money Laundering and Asset Recovery
    1. Management of Seized Assets
  6. Typical Case Scenario on Money Laundry, Applying Digital Forensic Investigative Techniques
    1. Tracing and Recovery of Nigeria’s illegally Acquired Assets from an individual Assisted by the
      United Kingdom
 
  1. Cybercrime and Its Inherent Nature
  2. Prosecution
    1. Powers of Prosecution under the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015
    2. Managing Prosecution in the Digital Age
    3. Preparing the Witness for Trial
    4. Prosecution’s Anticipation of Defence Reaction to the Charge as Proffered
  3. Defence Counsel Obligation
    1. Defence Cross-Examination of the Prosecution’s Witnesses and Reaction to the Forensic Report if
      any
    2. Defence Counsel Insistence on the Disclosure of Forensic Report by the Prosecution
    3. Challenging Evidence as Elicited by the Prosecution: Defence Counsel Familiarity with Tools and
      Best Practices Used in the Investigative Process
 
  1. Introduction
  2. The Concept of Expert Opinion and Common Knowledge
    1. Distinction between Facts and Opinion
    2. Common Knowledge and Expert Opinion
    3. The Constituent of Common Knowledge
  3. The Expert Witness
    1. The Essential Qualities of an Expert Witness
  4. Instructing an Expert
    1. Letter of Instruction
    2. Jointly Appointed Experts
    3. Can a Corporation be Instructed/Appointed Expert to Testify in Court?
 
  1. Experts’ Duty to the Court
  2. Experts Duty to the Body of Knowledge He Professes
  3. Experts’ Duty to the Client
 
  1. Introduction
  2. Conflict of Interest
    1. Prior Relationship with the Opposing Side that resulted in Access to that Party’s Confidential
      Information
    2. Expert switching Sides during the Existence of the Dispute
  3. Cognitive Bias
    1. Instances of Bias by Contextual Factors where Forensic Decisions may have been influenced
  4. Engagement of an Expert as both Advisor and Independent Expert
 
  1. Expert Report: How Defined?
  2. Content/Format of Expert Witness Report
    1. Introduction and Background
    2. Qualifications
    3. Description of Material Collection and Methodology
    4. Description of Method of Analysis
    5. Questions to be Addressed
    6. Body of the Opinion
    7. Copies of Exhibits, Appendices etc.
    8. Review of the Report
    9. The Expert’s Declaration
  3. The Role of Counsel in Preparing/Drafting Expert Report
 
  1. Admissibility Process of Forensic Expert Evidence in Court: The Need for Caution
    1. Annie Dookhan: A Tragedy of a Kind
    2. Exonerated by DNA Evidence: The Case of Santae Tribble
    3. Contamination by Secondary Sources
  2. The Gatekeeper Role for the Trial Judge
  3. Developing and Evolving Standards of Admissibility of Scientific Evidence
    1. The Frye “General Acceptance” Standard
    2. The US Federal Rules of Evidence 702
  4. The Standard and Criteria for Evaluating Scientific Evidence for Admissibility: The Daubert
    Trilogy
    1. The Daubert Decision
    2. General Electric v. Joiner
    3. The Kumho Decision
  5. Daubert Decision and Its Influence in other Foreign Jurisdiction
    1. Canada
 
  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?
 
  1. Introduction
  2. The Concept of Persuasive Authority: Legal Argument When There Is No Binding Precedent
  3. Recent Case Law Development in Digital Evidence and eDiscovery Law in the US, UK and Canada
  4. Resort to Foreign Decisions in Digital Evidence and eDiscovery Law Practice
 
  1. Lorraine v. Markel American Insurance Company
  2. State of Connecticut v. Alfred Swinton
  3. United States of America, v. Robert N. Angleton, Defendant
  4. State of Alaska, Petitioner, v. George L. Coon, Respondent
 
  1. Zubulake v. UBS Warburg LLC
  2. Williams v. Sprint/United Management Co.
 
  1. Thanh Long Vu v. The Queen
 
  1. Introduction
  2. Frye v. United States
  3. William Daubert v. Merrell Dow Pharmaceuticals, Inc
  4. General Electric Co v. Joiner
  5. Kumho Tire Co. v. Carmichael
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