Thursday, 12 November 2009

Computer evidence and fair trials.

Governments through their Judicial infrastructures are investing so much in terms of Training personnel, finance and technology in prosecution of computer related crimes.

However, given the very technical nature of this emergent area of law and science, there is a yawning gap in legal education of lawyers and Judges and paralegals on how to address and tackle issues dealing with computer evidence and digital document management.

This is not a level playing field particularly as it applies to defence lawyers who do not have the same quality and access to specialist training and expert resources. When it comes to sourceing and incorporating computer evidence in a case,a majority of defence lawyers are not well positioned to matched the resources of the State.

Balanced Justice in our legal system requires that both sides of a legal issue have the resources and access required to have their day in court. Unfortunately, the cost of training and the protocol for deploying computer and digital evidence to prove or contest the probity of computer evidence is prohibitive especially for the defence in a criminal matter.



It is suggested, that legal training institutions and the Judicial authorities make the training and deployment of computer and digital evidence a top priority going forward. This is even more urgent, given the fact that about 90% of corporate documents now pass through computers and about 70% of those documents are never printed but remain stored on computers and other digital devices like Mobile phones.

Monday, 19 October 2009

Internet for all - The Finland example

The recent news, that in Finland the Government is in the process of legislating that all its citizens be connected to the internet, is a welcome development. There is no disputing the fact, that the internet has become the medium of choice in social and business communication.

Any legislation that will provide this common medium of communication to all of its citizenry is welcome. However, it is hoped that the means of providing this service is affordable to the ordinary citizen in Finland otherwise, there will be a credibility problem with such a general impact legislation.

This is hoping, that Governments around the world will emulate the Finland example. A simple projection will show, that whether we like it or not there is a great movement towards adopting cloud computing in the provision of educational and social services. Ensuring that the ordinary citizen benefits and is included in this fast evolving technology age is a simply an example of good governance.

We cannot ignore the cost benefit implications of spreading the internet presence to private homes and small businesses. Most government departments are now embracing the edocument culture by making public documents available for download on line. 

Schools are now refering students to web sites to aid the completion of home work and other assignments. If any governemnt is serious about bringing its citizens along to the technology age, the Finland example is definitely the way to go.
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