Borderless crimes and digital forensic: Nigerian perspectives

Author:Adebisi Arewa
Position:Department of International Law, Nigerian Institute of Advanced Legal Studies, Lagos, Nigeria
Pages:619-631
SUMMARY

Purpose This paper aims to determine the extent to which the myriad of cybercrimes is within the purview of extant Nigerian laws against the backdrop of the modicum of legal and institutional mechanisms available at international law for combating cybercrimes. Design/methodology/approach This study is library based. It relies on secondary data generated by the... (see full summary)

 
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Borderless crimes and digital
forensic: Nigerian perspectives
Adebisi Arewa
Department of International Law, Nigerian Institute of Advanced Legal Studies,
Lagos, Nigeria
Abstract
Purpose This paper aims to determine the extent to which the myriad of cybercrimes is within the
purview of extant Nigerian laws againstthe backdrop of the modicum of legal and institutional mechanisms
availableat international law for combating cybercrimes.
Design/methodology/approach This study is library based.It relies on secondary data generated by
the variegated multilateral agencies, law reports of international and municipal tribunals, relevant books,
journals,monographs policy papers and so forth as the basis of analysis.
Findings Findings suggest that cybercrimes are very difcult to unravel because their traces are
imperceptible and require highly specialised skills and digital protocols to nd, store and save them for
evidential purposes.Such gathered evidence are in the form of digital datastored in variegated hardware and
software media, such as storage peripherals, electronic components, working memory, hard discs and
external discs. The difculty is how to identify, weigh for evidential value and capture the multiplicity of
evidence unearthed in a digital forensic investigation. The foregoing underscores the digital forensic
problematic whichis engendered by the difculties of contriving a thoroughgoing conceptof digital evidence
given the malleablenature of the variegated storage media.
Practical implications This paper engenders considerableacquaintance of the entire sphere of digital
crimes and cyber threats, whichis contended with in the information epoch,and recommends both legal and
institutional mechanismsto counter the clear, real and present danger, whichdigital crimes represent for the
survivalof human civilisation, sustainable economic growth and development.
Originality/value This paper dwells on the innite potentiality of deploying the instrumentality of
nationaland international law to deter, control and prosecute the myriad of cybercrimes.
Keywords Cyberspace, International cooperation, Cybercrimes, Digital evidence,
Extant Nigerian laws
Paper type Research paper
1. Introduction
This paper argues the thesis that economic premium derivable from development of
ICT infrastructure may elude human kind if such information technology services are
not protected with sufcient security measures and an organic legal and regulatory
framework. Computer-related crime is sophisticated, and is usually committed across
international boundaries (Reves and Varsalone, 2007,p.4).Thetracesitleavesinthe
systems are intangible and difcult to gather and save (Reves and Varsalone, 2007,
p. 6). They take the form of digital information stored on all sorts of media, such as
working memory, storage peripherals, hard discs, external discs and electronic
components (Casey, 2011, p. 7). The problem is how to capture the wide variety of
evidence turned up in a digital search (Casey, 2011, p. 49). The digital forensic
problematic is underscored by the difculties in articulating a concept of digital
evidence (Casey, 2011,p.49).
Borderless
crimes
619
Journalof Financial Crime
Vol.25 No. 2, 2018
pp. 619-631
© Emerald Publishing Limited
1359-0790
DOI 10.1108/JFC-12-2016-0079
The current issue and full text archive of this journal is available on Emerald Insight at:
www.emeraldinsight.com/1359-0790.htm

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