NAVIGATING THE INTERSECTION BETWEEN LAW AND TECHNOLOGY: EMBRACING INNOVATION WHILE PRESERVING JUSTICE (ARTICLE SERIES ALSA NG JUNE NEWSFILE)

NAVIGATING THE INTERSECTION BETWEEN LAW AND TECHNOLOGY: EMBRACING INNOVATION WHILE PRESERVING JUSTICE. 

Written By: V. Muoma¹.

ABSTRACT

In our present day society driven by technological advancement and digital literacy, the synergy between law and technology has become increasingly significant. As technology continues to revamp and model the way we live and work, our legal frameworks are left with no option than to adapt to the current trends in order to ensure a harmonious coexistence between innovation and societal well-being. The method used in carrying out this research is the secondary source of data collection which includes the internet, law textbooks, law reports and law journals. This article delves into the multifaceted relationship between law and technology, examining how these two domains intertwine and influence one another. This intersection stems from the adoption of digital research tools to the use of Artificial Intelligence (AI) for legal research and analysis for efficiency and easy accessibility of legal documentaries. The law also plays a crucial role in the regulation of technology through intellectual property laws which protect innovations and encourage technological advancement by granting investors exclusive rights to their creations. Patents, Copyrights and Trademark laws provide the legal framework necessary to foster innovation while ensuring fair competition. Furthermore, technology intertwines with law in the use of scientific and analytical tools for criminal investigation which is known as forensic science. This article also looks at the challenges and opportunities associated with the intersection between Law and technology which includes the regulation of digital marketing and foreign exchange platforms, securing people's personal data on the internet and cybercrimes. There is a need to ensure collaboration between legal experts, policymakers, and technologists in order to formulate regulations that strike a balance between innovation and societal protection to mitigate the misuse of technology.

INTRODUCTION:

According to T.O. Elias, a Nigerian eminent jurist, "The law of a given society is the body of rules, which are recognized as obligatory by its members", the law provides the structure that maintains order and justice. It covers all aspects of human interaction, from contracts and property rights to criminal cases and civil disputes.

Technology is the application of scientific knowledge to create tools, systems, and processes that enhance productivity, communication, and problem-solving

To a lawyer, Justice means the recognition and application of the rule of law by the courts to resolve disputes among the citizens or between the citizens and the state.

To a judge, Justice is the application of the rule of law without fear or favour, affection or ill- will.

Justice is the ultimate and supreme aim of the law.

 

THE INTERSECTION BETWEEN LAW AND TECHNOLOGY

In recent times, technology has transformed the way legal professionals practice and deliver their services. From the adoption of digital research tools to the use of artificial intelligence (AI) for legal research and analysis, technology has streamlined legal processes, making them more efficient and accessible, legal research that once required hours in a library can now be completed in minutes using online databases. Moreover, the rise of e-discovery has revolutionized the way evidence is gathered and presented in courtrooms.

Also, the legal landscape has played a pivotal role in shaping the development and regulation of technology. Intellectual property laws, for instance, protect innovations and encourage technological advancement by granting inventors exclusive rights to their creations. Patents, copyrights, and trademarks provide the legal framework necessary to foster innovation while ensuring fair competition.

Furthermore, technology intertwines with law in the use of forensic evidence in criminal investigation. The use of scientific and analytical tools for criminal investigation is known as forensic science. However, it is indisputable that evidence forms the bourne of every investigation in crime. Evidence is, in this context a material item or assertion of facts submitted to a court of competent jurisdiction or tribunal as a means of ascertaining the truth of any alleged matter of fact before it. Different types of evidence admissible in Nigerian courts include; direct, real, circumstantial, documentary and forensic evidence.

Forensic evidence can, therefore be defined as the evidence acquired through scientific methods, (including ballistics, blood tests, and Deoxyribonucleic Acid (DNA) tests) during criminal investigation to be used in court. Alternatively, forensic evidence can be holistically defined as the application of science within legal proceedings. Forensic evidence is gathered through photographs and measurements taken of the crime scene. In the case of violent crimes, these are obtained along with fingerprints, footprints, tire tracks, blood and other body fluids, hairs, fibers, and fire debris. Each of these elements is useful in understanding what took place during the commission of the crime.

The use of technological gadgets (such as fingerprint scanners, cameras, audiotape recorders, smartphones, etc.) in sourcing for evidence during criminal investigation shows the enormous impact technology has on law, processes and outcomes of justice delivery has become easier, faster and more reliable. With scientific and analytical tools, evidence necessary to adjudicate are derived and applied precisely.

 

CHALLENGES AND OPPORTUNITIES ASSOCIATED WITH THE INTERSECTION BETWEEN LAW AND TECHNOLOGY

The multifaceted relationship between law and technology has brought about a host of challenges and opportunities. One of the challenges is, digital privacy (securing people's personal data on the internet). Privacy concerns, for example, have become a pressing issue as technology enables the collection and processing of vast amounts of personal data. Legislation such as the General Data Protection Regulation (GDPR) in the European Union, the California Consumer Privacy Act (CCPA) in the United States and the Cybercrime Prevention and Prohibition Act in Nigeria seek to safeguard individuals’ digital privacy rights.

Another challenge associated with the intersection of technology and law is the issue of the law regulating cybercrime. Cybercrime encompasses a wide range of criminal activities that are carried out using digital devices and/or networks. These crimes involve the use of technology to commit fraud, identity theft, data breaches, computer viruses, scams, and other malicious acts. Cybercriminals exploit vulnerabilities in computer systems and networks to gain unauthorized access, steal sensitive information, disrupt services, and cause financial or reputational harm to individuals, organizations, and governments.

In 2000, the tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders placed cybercrimes into five categories: unauthorized access, damage to computer data or programs, sabotage to hinder the functioning of a computer system or network, unauthorized interception of data within a system or network, and computer espionage.

How to avoid being a victim of cybercrime:

One can protect himself from being a victim of cybercrime by installing security softwares such as firewall and antivirus programs and ensuring your softwares are updated. Having strong passwords and keeping it discreet. Avoiding public Wi-Fi for online payments, sending confidential information, or introducing important account passwords. Cyber criminals create networks that look like free internet but allow the criminals access to your data. Revoking links, images or videos that have been received from an unknown sender. Red flags for fraudulent messages include spelling mistakes, poor grammar, odd phrasing, and urgent requests for money or action. Verify correspondence by contacting the sender directly. Check that websites are legitimate, too. Malicious websites may look identical to a legitimate site, but the URL often has a variation in spelling or a different domain. Lock mobile devices, and encrypt confidential data to keep it secure. Regularly review bank and credit card statements. Research has shown that you can reduce the impact of identity theft and online crimes by detecting it at the early stage. Avoid stockpiling computers or hoard digital data. Keep digital data filed and current – purge files regularly. Have old or unused computer hard drives securely destroyed in your workplace.

The emergence of crypto currencies and Blockchain technology has posed novel legal questions regarding ownership, taxation, and regulation. As digital assets gain prominence, lawmakers must grapple with the task of adapting existing legal frameworks to accommodate these new forms of wealth and transaction.

On the other hand, technology has also presented unprecedented opportunities for the legal profession. Automation through AI has greatly expedited document review, contract analysis, and due diligence thereby, freeing up legal professionals to focus on higher-value tasks that require human judgment. Online dispute resolution platforms have made it more convenient for individuals to access legal remedies without the need for lengthy court proceedings.

 

CONCLUSION/ FINDINGS

The convergence of law and technology has ushered in a new era of legal practice and societal interaction. As technology continues to permeate every facet of our lives, legal professionals must stay attuned to its implications and adapt their practices accordingly. The challenges and opportunities presented by this intersection require a dynamic and flexible approach to law, one that embraces innovation while upholding the principles of justice and fairness. By fostering a symbiotic relationship between law and technology, we can navigate the complexities of the digital age and ensure a harmonious coexistence that benefits society as a whole.

It is not impressive that the criminal justice system of Nigeria is dysfunctional and mesmerized by outdated and lopsided laws. The Evidence Act, 2011, despite the trends in global justice delivery has no specific provision for forensic evidence. Our criminal justice system struggles to match the most prevalent crimes. Paucity of trained law enforcement experts on forensic science, poorly equipped forensic laboratories, poor work environment and remuneration are inhibition to accessing forensic tools. It is recommended that legislative assignments be more dynamic, versatile and proactive especially on derivation and admissibility of forensic evidence in court. It is also recommended that national planning and budget consider proper funding for forensic laboratories and training of experts. It is imperative for the forensic investigators to attain adequate training to enable them identify the suspects of a crime in other to ameliorate the intensity of violent crimes and murder in Nigeria.

The Evidence Act, 2011 did not make provision for forensic evidence in criminal investigation therefore, I recommend that the Evidence Act should be reviewed to accommodate forensic evidence which is in line with the trends of global justice delivery. Also, the law enforcement agents should be properly trained and financially empowered by the government to be able to effectively combat cybercrimes in Nigeria. The Cybercrime (Prohibition and Prevention etc.) Act, 2015, EFCC Act, 2002, and other laws regulating cybercrimes should be reviewed more often to be able to tackle the emerging tactics of cybercrimes in Nigeria. Collaboration between legal experts, policymakers, and technologists is crucial. Cross-disciplinary dialogue can help bridge the divide and formulate regulations that strike a balance between innovation and societal protection to mitigate the misuse of technology.

Finally, collaboration between legal experts, policymakers, and technologists is crucial. Cross-disciplinary dialogue can help bridge the divide and formulate regulations that strike a balance between innovation and societal protection to mitigate the misuse of technology.

 

REFERENCES:

1. T.O. Elias,- The Nature of African Customary Law (1956).

2. Akpederin Ehensiri, - General Principles of Nigerian Law.

3. www.legaldesire.com, - Exploring the Intersection of Law and Technology.

4. Remarks of Marilyn Warren, Chief Justice of Victoria- What is Justice

5. Chidinma Opara, - The role of evidence in the criminal justice system of Nigeria.

6. Gordon, Sarah (25 July 2006). "Definition and classification of cybercrime". Journal in Computer Virology.

7. www.shredit.com,- Cybercrime Prevention: nine effective ways to stop it.

8. Evidence Act, 2011.

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¹  Valentine Muoma, the author, is a 300 level law student at the Faculty of Law, Nnamdi Azikiwe University, Awka