Read The Times Australia

Daily Bulletin

Big loopholes lurk in African cybercrime law – where it even exists

  • Written by: The Conversation
imageNot enough legislation. Oleksiy Mark/www.shutterstock.com

If you’ve never received an invitation to pay a modest fee in order to receive millions of dollars from an African prince, check your junk folder. The Nigerian phishing scams – known as 419s – have become infamous. However, Nigeria’s government is trying to eradicate the networks that perpetrate these scams – and they are just a drop in the ocean compared to the full scale of the modern cyberthreat across Africa.

Since May 2011 the International Telecommunication Union (ITU) – the UN agency that specialises in information and communication technology – has worked with the UN Office on Drugs and Crime (UNODC) to help countries mitigate against the risks posed by cybercrime.

Large-scale gaps

According to the ITU, out of the 52 countries that it looked at in Africa, 44 do not criminalise computer-facilitated offences. Only two have legislation deemed sufficient to combat online sexual abuse, and 40 do not have any legislation at all addressing online child sexual abuse. Nearly all – 49 countries – do not criminalise the simple possession and distribution of indecent images of children, and 51 of the countries do not mandate Internet Service Providers to report on the activity that they facilitate. ITU cautioned that children in Africa have yet to be identified as among the most vulnerable in the online community, an omission it is working hard to address.

The scale of the legal gaps illustrates just how far there is to go before there is adequate and appropriate legislation in place to protect individuals across the continent, particularly children.

At a meeting in August, countries from across East Africa along with Nigeria and Côte d'Ivoire joined UNODC, Interpol and the Commonwealth Secretariat at the UN regional headquarters in Nairobi to establish a Regional Justice Network for fighting cybercrime. The new network will create focal points for law enforcement agencies, prosecution services and central authorities in order to support informal and formal collaboration in criminal matters involving cybercrime and electronic evidence.

High costs and the lack of fixed line infrastructure for broadband access ensure that mobiles are the most popular way for people to get online in Africa. As prices fall and coverage rises, the UN has predicted that by 2017, 70% of the world’s population will have mobile broadband subscriptions and Africa’s smartphone market will have doubled.

imageAn internet cafe in Cameroon.SarahTz/flickr, CC BY

As the internet expands, criminals have been equally fast (if not faster) to exploit the hyperconnected nature of the online world.

There is no single shared definition of cybercrime, but it is generally considered to include any offence where the computer is the object of the crime (hacking, phishing, spamming) or is used as the tool (child pornography, hate crimes). Its borderless nature brings with it complexities of jurisdiction, evidence and international extradition. These can only be addressed with transnational legal assistance, mutual recognition of foreign judgements, and informal police-to-police cooperation.

In countries that are struggling to meet the most basic needs of many of their citizens, the sophistication of such requirements is often low down the list of priorities.

Diversity of legislation

A 2013 report warned of Africa becoming a “safe harbour for cybercrime” is frequently quoted in articles about online security. It cited increased internet availability at lower costs, a rapidly growing internet user base and the dearth of cybercrime laws on the continent as contributing to this threat.

At that time, only South Africa had a cybercrime law in place, with Kenyan legislation on the horizon (this has now been passed).

The diversity of laws in those countries that have now begun to address cybersecurity is also a hindrance to international cooperation. For example, the Tanzania cybercrimes bill, passed by parliament in April 2015 and awaiting ratification from president Jakaya Kikwete, attempts to address a wide range of issues but has attracted criticism for seemingly favouring the powers of police over the protection of citizens.

The bill prohibits the online publication of “misleading, deceptive or false” information, which could be interpreted as a direct threat to free speech, and requires very little justification for police to search or seize computer equipment.

On social media, critics have questioned the timing and content of the bill, suggesting it was intended to control the media and bloggers ahead of the October 2015 elections. While Tanzania may view political bloggers as malicious actors who should be prosecuted accordingly, other nations may support their right to free speech.

Governments in Africa are working with Interpol and regulatory bodies to develop global strategies to tackle cybercrime and bring together evidence, academic research and innovative practice from around the world. They are also recognising the value of education and training, not just for those who work to fight crime but as a means to prevent it by empowering people to stay safe online. If criminals can exploit the power of networking, then networking on a global scale is vital in the fight against them.

Anna Childs does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond the academic appointment above.

Authors: The Conversation

Read more http://theconversation.com/big-loopholes-lurk-in-african-cybercrime-law-where-it-even-exists-46648

Business News

How Telematics Helps Australian Companies Improve Productivity

Operating a commercial fleet in Australia is a uniquely demanding endeavour. Between the sprawling urban sprawl of cities like Sydney and Melbourne and the immense, unforgiving stretches of the Outb...

Daily Bulletin - avatar Daily Bulletin

Inside the Icon: The BridgeMuseum Officially Opens at the Sydney Harbour Bridge

A bold new way to experience one of Australia’s most recognisable landmarks has arrived, with BridgeClimb Sydney officially opening the all-new BridgeMuseum.  Located inside the Sydney Harbour Brid...

Daily Bulletin - avatar Daily Bulletin

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...