Description
ABSTRACT
Cyber-space refers to the boundless space known as the internet. Cyber-security is the body of rules put in place for the protection of the cyber space. Cyber-crime refers to the series of organized crime attacking both cyber space and cyber security. The Internet is one of the fastest-growing areas of technical infrastructure development. Over the past decades, the growth of the internet and its use afforded everyone this opportunity. Google, Wikipedia and Bing to mention a few, give detailed answers to millions of questions every day. Cyberspace is a world that contains just about anything one is searching for. With the advent of these advancements in information accessibility and the advantages and applications of the internet comes an exponentially growing disadvantage- Cyber Crime. Cyber security has risen to become a national concern as threats concerning it now need to be taken more seriously implementing. Cyber-crime has become a global phenomenon; this kind of crime has the serious potential for severe impact on our lives, society, and economy because our society is becoming an information society where communication takes place in cyberspace. While there are several textbooks talking about cyber-crime, but only few literatures focus on the relevant laws to combat these seemingly uncontrollable phenomenon. This seminar examines the nature and effects of cyber security laws and regulations in Nigeria.
TABLE OF CONTENT
COVER PAGE
APPROVAL PAGE
DEDICATION
ACKNOWLEDGEMENT
TABLE OF CONTENT
CHAPTER ONE
- INTRODUCTION
- BACKGROUND OF THE PROJECT
CHAPTER TWO
LITERATURE REVIEW
2.1 OVERVIEW OF CYBERCURITY
2.2 CATEGORIES OF CYBER CRIME
2.3 REVIEW OF RELATED STUDIES
CHAPTER THREE
3.1 CYBER LAWS IN NIGERIA
3.2 NIGERIA CRIMINAL CODE AND ITS EFFECT
3.3 THE POSITION OF CYBERCRIME ACT ON CYBERBULLYING AND CYBERSTALKING
3.4 THE POSITION OF THE CYBERCRIMES ACT, 2015 ON CYBERSQUATTING
3.5 THE POSITION OF THE CYBERCRIMES ACT, 2015 ON CYBERTERRORISM
CHAPTER FOUR
RESULT ANALYSIS
- OTHER NOTABLE PROVISIONS OF THE CYBERCRIME (PROHIBITION AND PREVENTION) ACT, 2015
- LAWS ARE ONLY PART OF THE SOLUTION TO CYBER CRIMES
CHAPTER FIVE
5.1 CONCLUSION
5.2 RECOMMENDATION
5.3 REFERENCES
CHAPTER ONE
1.0 INTRODUCTION
1.1 BACKGROUND OF STUDY
From business, industry, government to not-for-profit organizations, the internet has simplified business processes such as sorting, summarizing, coding, editing, customized and generic report generation in a real-time processing mode. However, it has also brought unintended consequences such as criminal activities, spamming, credit card frauds, ATM frauds, phishing, identity theft and a blossoming haven for cybercriminal miscreants to perpetrate their insidious acts (Strassmann, 2019). This paper hopes to paint a developing scenario of the evolution of new type of war – the internet cybercrime – which will cause destruction of greater magnitude than the two past world wars- if not properly nipped in the bud. It has been established that Nigeria is an impressionable country. The advent of the internet to her was both welcome and full of disadvantages. The exceptional outbreak of cyber-crime in Nigeria in recent times was quite alarming, and the negative impact on the socio-economy of the country is highly disturbing.
Over the past twenty years, immoral cyberspace users have continued to use the internet to commit crimes; this has evoked mixed feelings of admiration and fear in the general populace along with a growing unease about the state of cyber and personal security. This phenomenon has seen sophisticated and extraordinary increase recently and has called for quick response in providing laws that would protect the cyber space and its users.
The first recorded cyber murder was committed in the United States seven years ago. According to the Indian Express, January 2002, an underworld don in a hospital was to undergo a minor surgery. His rival went ahead to hire a computer expert who altered his prescriptions through hacking the hospital’s computer system. He was administered the altered prescription by an innocent nurse, this resulted in the death of the patient. Statistically, all over the world, there has been a form of cyber-crime committed every day since 2006 (Strassmann, 2019). Prior to the year 2001, the phenomenon of cyber-crime was not globally associated with Nigeria. This resonates with the fact that in Nigeria we came into realization of the full potential of the internet right about that time. Since then, however, the country has acquired a world-wide notoriety in criminal activities, especially financial scams, facilitated through the use of the Internet. Nigerian cyber criminals are daily devising new ways of perpetrating this form of crime and the existing methods of tracking these criminals are no longer suitable for to deal with their new tricks. The victims as well show increasing naivety and gullibility at the prospects incited by these fraudsters (Strassmann, 2019).
Africa has for some time now been battling with cyber threats such as ransomware, child pornography, phishing, malware, and abuse, denial of service, and so on. According to BitSight (2016) report, Africa was worst hit by ransomware with two out of twenty institutions battling with ransomware on their network.
Grajek (2018) EDUCAUSE also shows that we have not really made much progress in the area of cyber security as it has been one of the top problem organizations are trying to contain in recent times. Statistics shows that so many institutions in both Nigeria today, have embraced information technology without sitting down to ensure they have what it takes to maintain and sustain it thus ensuring the integrity of data within the system.
According to the National Data Protection Regulation in countries, it mandates that any organization charged with personal information of individuals must secure such from security breaches such as cyberattacks, etc. Unfortunately, both Nigeria does not have a coordinated approach to dealing with cybersecurity. Agreed different structures have been established to handle issues related to cybersecurity, however, these structures are not enough to deal with cyber security issues. Black hat Hackers and are thriving on their systems and demanding for a ransom. Nigeria must come to reality of the cyber threats they face considering the volume of data with the systems by implementing cyber security law. This seminar will review and compare the policies and strategies adopted in Both Countries and Make recommendation on how to approach things going forward.
The challenges of security issues in the global cyber space is believed to emanate from technical primer and graduates into strategic dimension. It is also pertinent to create a national consciousness about the obvious need for the collective relevance of cyber security. This is because, while there are some tangible and evidential aspects of information communication technology (ICT) exist for all to see, others are not easily seen. In the midst of these the fact still remains that that postmodern world is built on ICT and the associated fall outs of the technological world. Today, about 58% of the world’s population is online and the mobile –cellular subscription is about 8 billion which is almost the entire world population, and these figures are annually increasing. Unfortunately, most of these users,
especially new users are not well aware of the risks involved and the crimes being perpetrated, not to mention of how to safely use the systems with the basic security precautions in mind (Roseline and moses, 2012). The general quest for a grand strategy for a sustainable cyber security laws and strategy has pushed countries to draw defined laws and policies to guide them in national security template to protect the cyber space and public safety of the entire citizenry.
There is a common misconception that security in a country is limited to the protection of land, air, sea and the borders of a country. With the advent of technology and a large number of people becoming cyber-creatures, the security of a country now extends and encompasses the protection of data, critical infrastructure, tangible and intangible assets and anything that may be prone to attack as a result of online activities.
Cyber law acts as a shield over cyberspace thereby preventing cybercrime from occurring. The government is committed to developing and enforcing regulations to combat illicit online activities (Roseline and moses, 2012).
Cyber Law generally termed to as “Law of the Internet” or “IT Law.” It’s a legal aspect that oversees issues relating to the Internet, computing, cyberspace, and other related matters. As the web of internet and technology become more woven into our lives, so are the complexities of information and our vulnerability to hacking, ransom, and other crimes.
Cyber law acts as a protection over cyberspace, preventing cybercrime from happening. Cyber law serves as one of the emerging aspect of the Nigerian Legal System. This is as a result to the rapid advancement of internet technology. People who engage the internet have legal safeguards under cyber law. This covers both business and common citizens. Anyone who uses the internet should be familiar with cyber laws and should know that there is a law that regulates their internet usage. The government is constantly devoted to developing and enforcing regulations to combat illicit online activities.
This piece aims at examining the concept of cybercrime, cyber security, the position of the law as well as legislative efforts towards implementing and enforcing cybercrimes in Nigeria.
CHAPTER FIVE
5.1 CONCLUSION
Cybercrimes is on the rise in Nigeria due mostly to ineffectiveness and non-enforcement of the laws meant to combat same. While the Cybercrimes Act, Terrorism Act, Criminal Code, Criminal Laws of States, etc all contain provisions meant to combat cybercrimes and cybersecurity, the absence of a proper and clear-cut enforcement mechanism has led to a surge in criminal activities in the cyberspace. It is however, believed that with the proper implementation and enforcement mechanism in place, the lacunas in the cybercrimes and cybersecurity laws would be cured at least to a reasonable extent. Thereby leading to a drastic reduction in cybercrimes.
5.2 RECOMMENDATION
The weak state of global legal protections against cyber crime suggests three kinds of action:.
Firms should secure their networked information.
Laws to enforce property rights work only when property owners take reasonable steps to protect their property in the first place. As one observer has noted, if homeowners failed to buy locks for their front doors, should towns solve the problem by passing more laws or hiring more police? Even where laws are adequate, firms dependent on the network must make their own information and systems secure. And where enforceable laws are months or years away, as in most countries, this responsibility is even more significant.
Governments should assure that their laws apply to cyber crimes.
National governments remain the dominant authority for regulating criminal behaviour in most places in the world. One nation already has struggled from, and ultimately improved, its legal authority after a confrontation with the unique challenges presented by cyber crime. It is crucial that other nations can copy this lesson, and examine their current laws to discern whether they are composed in a technologically neutral manner that would not exclude the prosecution of cyber criminals.
Firms, governments, and civil society should work cooperatively to strengthen legal frameworks for cyber security.
To be prosecuted across a border, an act must be a crime in each jurisdiction. Thus, while local legal traditions must be respected, nations must define cyber crimes in a similar manner. An important effort to craft a model approach is underway in the Council of Europe ( www.coe.int), comprising 41 countries. The Council is crafting an international Convention on Cyber crime. The Convention addresses illegal access, illegal interception, data interference, system interference, computer-related forgery, computer-related fraud, and the aiding and abetting of these crimes. It also addresses investigational matters related to jurisdiction, extradition, the interception of communications, and the production and preservation of data.
Finally, it promotes cooperation among law enforcement officials across national borders.
The following are additional information for both stakeholders and Nigerian government if cyber crimes are actually going to be minimized:
- Insufficient funding for cyber crime law enforcement should be looked into
- Lack of trained cyber experts within law enforcement officials
- Lack of effective international cooperation and data sharing
- Lack of universality of laws against cyber crime
- Statutory minimums in cyber crime cases hamper effective enforcement
- The growing nature of mass unemployment in Nigeria is
