Remote Court Hearings During Coronavirus Disease 2019 (COVID-19) Lockdown: Cybersecurity Implications

Remote Court Hearings During Coronavirus Disease 2019 (COVID-19) Lockdown: Cybersecurity Implications | Copyright © 2020 By Raphael Christopher

Oxford University Standard for Citation of Legal Authorities (OSCOLA) citation: Raphael Christopher, ‘Remote Court Hearings During Coronavirus Disease 2019 (COVID-19) Lockdown: Cybersecurity Implications’ (2020) Nigerian Legal Research Articles <https://nigerianlawyersdirectory.com/research/remote-court-hearings-during-coronavirus-disease-2019-covid-19-lockdown-cybersecurity-implications/> (date of access)

Ancient issues. Modern twists. Do we twist or get twisted?

Security or lack of it has preoccupied humankind from many thousands of years ago, from the day Adam and Eve hid from the presence of God because they were insecure in what they had become, right to Zoom’s recent revamp of their security by engaging cybersecurity experts to address ongoing security issues caused by the surge in its popularity from 10 million users to 200 million users literally overnight.

Cybersecurity is concerned with the protection of computer infrastructure, hardware, software, and networks from theft, disruption, and damage. It costs the world’s economy up to $4 trillion annually.

With the rise of remote court hearings in this coronavirus pandemic season and the changing legal services delivery landscapes, cybersecurity concerns need to be uppermost in the design, operations, monitoring, and evaluation of its effectiveness. This is very important because privacy and confidentiality of data, of information, and of the parties is at once a key cornerstone of the legal professional rules and obligations and also, at the same time, at the very core of delivery of an efficient and effective administration of justice and instillation of public confidence in it.

Without robust cybersecurity measures and counter measures operating within the very delivery of remote court hearings, it is more than likely that a significant breach may occur.

Current software products driving remote court hearings include Zoom, Microsoft Team, Skype, and bespoke information technology (IT) platforms. None of these products are foolproof. However, the seriousness of how easily they can be breached depends on the robustness of the software and the damage any data breach can cause. Zoom, for example, has a security flaw that allows strangers to ‘Zoom bomb’, which occurs when random strangers appear on the Zoom conference meetings and send lewd messages or interrupt the meeting. Another concern is Zoom is very dependent on Chinese research and development for its software development, which has led to concerns over third parties who may have access to it without the knowledge of the parties. This flaw has led Siemens and some German banks to ban its use throughout its workforce.

Skype is widely available. However, it too is vulnerable to embedded malware and viruses in its file share transactions. Therefore, a very robust antivirus firewall needs to be established and regular backups need to be maintained.

Microsoft Team’s software is perhaps the most robust out of all the current software offerings in the market right now. However, it too suffers because its cybersecurity effectiveness rests on the type of license you have. Most users who are serious about security will need to consider obtaining the Azure AD P1 license, which will include the ability to assign classifications to teams or to limit who is able to able to create teams.

The other products are bespoke and as such the court or the law firm must make sure that they are satisfied with the cybersecurity robustness of the bespoke software.

There is need to ensure that watertight agreements, contracts are in place and such contracts should clearly spell out the extent of the cybersecurity risks covered and the stakeholders need to consider obtaining adequate and appropriate insurance to protect against data breaches resulting from cybersecurity attacks.

These are unfamiliar terrains and many thousands of years since Adam and Eve, yet the same issues of security are confronting us and need to be addressed if remote court hearings are to become a success.

Copyright © 2020 By Raphael Christopher

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Nigerian Legal Research Editor

Dr. Leesi Ebenezer Mitee
Doctor of Philosophy (PhD) in International Human Rights Law, Legal Informatics (the application of information technology to legal processes and legal information systems), Indigenous Customary Law, and Indigenous Rights