AN APPRAISAL OF THE LEGAL FRAMEWORK FOR COMBATING CYBERCRIME IN INTERNATIONAL LAW


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TABLE OF CONTENTS

Title page
List of abbreviations
Table of statutes
Table of cases
Table of contents
Abstract

CHAPTER ONE
GENERAL INTRODUCTION
1.1       Background of the Study
1.2       Statement of the Research Problem
1.3       Objectives of the Research
1.4       Scope of Study
1.5       Justification
1.6       Research Methodology
1.7       Literature Review
1.8       Organizational Layout

CHAPTER TWO
CONCEPTUAL CLARIFICATION OF KEY TERMS
2.1       Introduction
2.2       Meaning of CyberLaw
2.3       Meaning of Cybercrime
2.4       Meaning of Cyberspace
2.5       Meaning of Cyberjurisdiction
2.5.2    Cyberspace and Cyber Jurisdiction
2.5.3    Determinants of Jurisdiction in the United States of America, United Kingdom and Nigeria
2.5.4    Prescriptive Jurisdiction
2.5.5    Adjudicative Jurisdiction
2.5.6    Enforcement Jurisdiction
2.6       Cybercrimes Committed in Nigeria and Criminalized under the Budapest Convention
2.6.1   Acts carried out by Criminal Minded Individuals against Computers
2.6.2    Acts carried out by Criminal Minded Individuals against Individuals
            Other Acts or Omissions against Persons not Criminalized under any Law
2.6.3    Cybercrimes Committed against the State

CHAPTER THREE
LEGAL AND INSTITUTIONAL FRAMEWORKS RELEVANT FOR INTERNATIONAL COOPERATION AGAINST CYBERCRIME IN NIGERIA
3.1       Introduction
3.2       The Role of the Economic and Financial Crimes Commission (establishment) Act 2004 and the Commission in Fighting Cybercrime
3.2.1    The Nigerian Financial Intelligence Unit (NFIU)
3.2.2    Special Control Unit against Money Laundering
3.2.3    Sectoral Regulations against Money Laundering as Provided by the NFIU Central Bank of Nigeria (Anti-money Laundering and Combating of Financing of Terrorism in Banks and other Financial Institutions in Nigeria) Regulations, 2013 National Insurance Commission (Anti-money Laundering and Countering the Financing of Terrorism) Regulations, 2013 Securities and Exchange Commission (Capital Market Operators Anti-Money Laundering And Combating The Financing Of Terrorism) regulations, 2013
3.2.4    Shortcomings in some Crimes which Computer was used and were Investigated and Prosecuted by the EFCC
3.3       The Criminal Code Act
3.4       The Penal Code Act
3.5       Terrorism (prevention) act, 2011 (as amended in 2013) and Regulations 2013
3.6       The Evidence Act
3.7       The Federal Ministry of Justice
3.8       Directorate for Cyber Security
3.9       National Information Development Agency
3.10     National Identity Management Commission Act, 2007
3.11     The Advance Fee Fraud Act, No. 14, 2006
3.12     The Money Laundering (Prohibition) Act, 2011
3.13     Challenges of International Cooperation in the Fight against Cybercrime
3.13.1  Lack of Cybercrime Specific Laws
3.13.2  Lack of Adequate Provisions on Collection and use of Electronic Evidence in Nigeria
3.13.3 Lack of Proper Training of Law Enforcement Agencies on Investigating Acts or Omissions that Constitute Cybercrimes
3.14     An Overview of Nigeria’s Cybercrime Act, 2015 and Its Relevance in International Cooperation in Combating Cybercrime

CHAPTER FOUR
IMPACT OF THE BUDAPEST CONVENTION ON CYBERCRIME AND OTHER INTERNATIONAL ATTEMPTS ON FIGHTING CYBERCRIME
4.2       International Cooperation in the Fighting Cybercrime
4.3       Continental Cooperation in the Fight against Cybercrime
4.4       An Appraisal of the Budapest Convention on Cybercrime
4.4.1    Benefits of becoming a Party to the Budapest Convention on Cybercrime
4.5       Overview of National Implementation of the Budapest Convention in the United Kingdom
4.6       General the Issues and Challenges in the Fight against Cybercrime
4.6.1    Some Nations are Safe havens for those who Abuse Information Technologies
4.6.2    Investigation and Prosecution of International Cybercrimes are not Coordinated among all Concerned States, Regardless of where Harm has Occurred
4.6.3    Law Enforcement Personnel are not Trained and Equipped to Address Cyber Crimes
4.6.4    Legal Systems do not Protect the Confidentiality, Integrity, and Availability of Data and Systems from Unauthorized Impairment and Ensure that serious Abuse is Penalized
4.6.5    Legal Systems do not Permit the Preservation of and quick access to Electronic Data, which are often Critical to the Successful Investigation of Crime
4.4.6    Mutual Assistance Regimes do not Ensure the Timely Gathering and Exchange of Evidence in Cases Involving International Cyber Crime
4.6.7    Forensic Standards for Retrieving and Authenticating Electronic Data for use in Criminal Investigations and Prosecutions are not Developed
4.6.8    Information and Telecommunications Systems are not Designed to help Prevent and Detect Network Abuse, and do not Facilitate the Tracing of Criminals and the Collection of Evidence
4.6.9    Duplication of Efforts in International Fora in the Fight Against Cybercrime
4.7       Comparism between the Budapest Convention on Cybercrime and the Cybercrime bill 2013

CHAPTER FIVE
SUMMARY, FINDINGS AND RECOMMENDATIONS
5.1       Summary
5.2       Conclusion
5.3       Findings
5.3       Recommendations
References



ABSTRACT

The current wave of globalization and technological revolution has tremendous effect on the way people interact, carry out business transactions and store information. The internet has a vital role to play in all these. Though there are numerous advantages associated with the internet today as it has made interaction, business transactions and transfer of data easy, cybercrimes which are criminal acts carried out through the internet or through computer devices are serious threats to use of the internet or computer devices. To make matters worse, there are no comprehensive laws which address cybercrimes in most nations today and law enforcement agencies and the judiciary are not properly “equipped” to handle cybercrimes. For instance, in the course of investigating and prosecuting cybercrimes jurisdiction is always very hard to determine in cyberspace, i.e. the internet. What makes the issue of jurisdiction paramount in investigation and prosecution of cybercrimes is the fact that cybercrimes are borderless crimes as they can be committed from anywhere at any where once the cybercriminal has internet connection or has access to a computer device. The current laws regulating criminal conduct in most nations of the world today are ill-equipped to cope with these emerging cybercrimes. The old standard of classification and investigation of traditional crimes cannot meet up with the fast-changing technological advancements especially in the internet. This consequently creates an avenue for criminal minded individuals to hide behind a computer screen and deceive unsuspecting individuals who are the victims of the cybercriminal. The cybercriminal is usually faceless and his location unknown, making it easier for him to enter and exit the cyber space of the cyber victim with little or no detection. There is therefore the need to encourage the adoption of international law in combating cybercrime all over the world. The Budapest Convention on cybercrime which is the only treaty on cybercrime has numerous advantages which parties to the said convention stand to benefit from. Using Nigeria, the United States of America and the United Kingdom as contact-points of this study, this thesis has also attempted to highlight grey areas in criminal law which affects security of most people in the world today and the internet. Some of the laws considered are: Economic and Financial Crimes Commission (Establishment) Act 2004, Criminal Code Act, Cap C 38, LFN 2004, Penal Code law, Cap. 110 law of Kaduna State 1991,the Terrorism (Prevention) Act, 2013, Money Laundering (Prohibition) Act No. 1, 2011 and Money Laundering (Prohibition) (Amendment) Act 2012, the Evidence Act No.18 2011, Advance Fee Fraud and other related Offences Act No. 14, 2006, the Nigeria Cybercrime Act, 2015 and from the United Kingdom, the Computer misuse Act, 1990 the Criminal Justice Act 1978, the Police and Justice Act, 2006 and the Protection of Children Act, 1978. Jurisdiction is discussed, highlighting principles of jurisdiction from Nigeria, the United States of America and the United Kingdom.The effort in this study is not to lay claim, with certainty, to the fact that the Budapest Convention on cybercrime is the ultimate treaty on cybercrime, but to encourage the participation of the comity of nations in the only treaty on cybercrime and enacting cybercrime specific laws in all nations of the world as encouraged by the said treaty. This would encourage international cooperation in the fight against cybercrime.




CHAPTER ONE

GENERAL INTRODUCTION




1.1              Background to the Study

Undeterred by the prospect of arrest or prosecution, cyber criminals around the

world lurk on the internet as an aim present menace to the financial health of business, to the trust of their customers, and as an emerging threat to nation‟s security.1

The Internet is one of the truly revolutionary phenomena of our times. It has changed the way we live and work and we have come to rely on it in every sphere of our endeavours. From a population of 20million connected to the Internet in 1998 we now have more than two billion and rising.2It is estimated that this connectivity will now double in the coming years as a result of a number of factors including the introduction of non-Latin script top level domains for Internet addresses, expansion of the Internet‟s generic domain name space and the increasing prevalence of smart phones and tablets with Internet access. While the benefits of this borderless ecosystem have grown exponentially the Internet has also become an irresistible magnet for criminal behaviour. Cyber criminals have become increasingly inventive and gravitate to jurisdictions which offer them most protection because of outdated and or non- harmonized legal regimes and law enforcement agencies which do not have the skills and resources to monitor Internet traffic, to investigate complaints, to prosecute or invoke any intervention that may be warranted. The global and borderless nature of the Internet enables criminals to co-operate and co-ordinate their activities and distribute their assets over several jurisdictions with impunity.....


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