Electronic Evidence In Malaysia: Admissibility And Discovery | By Dr Gita Radhakrishna (Pre-Order)

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Electronic Evidence In Malaysia: Admissibility And Discovery

Author Dr Gita Radhakrishna 
Publication Date May 2022
ISBN 9789672723370
Format Hardcover + Ebook , 400 pp
Publisher Sweet & Maxwell

 

About the  Book
This book teaches the law and practise on electronic evidence and E-Discovery in a unique new approach, set against the backdrop of a fictitious crime. Each chapter digs into the examination of the authenticity and finding of prospective digital evidence recorded from various electronic sources, picking up a thread from the plot.

The first section of the book goes through in detail how to verify information gathered from a variety of technological sources and present it as evidence in court. The second section examines the right to get electronic discovery of such evidence, as well as the concerns and obstacles that come with it.
 
The reader will get a better knowledge of this fast-growing and complicated field of evidence law by examining current Malaysian legislative requirements as well as a plethora of case law from Malaysia, Singapore, England, and the United States. The book comes to a close with a glimpse into the future and the new legal abilities that it requires. Judges, judicial officers, and litigators will find it indispensable.
 
Key features
  • From a variety of potential sources, an explanation of the fundamentals of information technology, the authenticity and admissibility of electronic evidence, and the fledgling notion of electronic discovery (E-Discovery).
  • Specific chapters provide assistance on obtaining and authenticating specific types of electronically stored information (ESI), including as emails, text messages, social media, digital audio, picture, and video recordings, for admissibility, especially in the age of Deep Fakes, IoT, and AI.
  • The case of R v Seema Misra is discussed in relation to the assumption of machine and software programme dependability.
  • With several case examples, section 90A of the Evidence Act 1950 is examined in regard to electronic evidence authentication.
  • The general concepts of "discovery" under Order 24 Rules of Court 2012, their application to E-Discovery, and the issues that come with it.
  • Failure to protect data has ethical implications and repercussions.
  • In E-Discovery instances, computer forensics is used.
  • Discussion of when and how to put an acceptable legal hold on evidence preservation.
  • Advice on the significance of ESI retention and preservation.
  • The most recent instances involving "Unknown Persons" Proprietary Orders.
  • A plethora of examples from Malaysia, Singapore, England, and the United States provide guidance on difficult authentication concerns and the new field of E-Discovery.
  • E-Discovery guidelines that have been proposed.

TABLE OF CONTENTS

  1. The Internet and Electronic Evidence 
  2. Introduction to Electronic Evidence
  3. Authenticating Text Messages, Emails and Evidence from Websites
  4. Authenticating Audio and Image Evidence
  5. Digital Signatures
  6. Authenticating Evidence from the Cloud, IoT and Algorithms
  7. Admissibility Provisions Under Section 90A of the Evidence Act 1950
  8. ESI and the Hearsay Rule
  9. Section 114A: Presumptions
  10. What is E-Discovery
  11. Legal Professional Privilege
  12. Discovery in Civil Proceedings
  13. Other Issues in E-Discovery
  14. The Way Forward 

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