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Cybercrime And The National Security! By Mahe Shehu Ahmed
The Internet brings with it unprecedented potential for the positive development of our society. The ability to disseminate information and to communicate almost instantaneously has already revolutionized numerous facets of our lives and will continue to do so. Simultaneously, the emergence of computer and international communications networks like the Internet provides extremely and effectively tools and mechanism to certain persons with modern and powerful means to conduct unlawful activity.
Thus, there is a revolution going on in criminal activity. It creates major problems for law enforcement in almost every part of the world, problems that have rarely been as systematic and pervasive. The revolution lies mainly on the ways that networked computers and other technologies permit crimes to be committed remotely, via the Internet and wireless communications.
It has often been argued that, advancement in technology has brought new means which traditional crimes could be committed. Same it is with the computer. With the new means of facilitating mass communication comes the ability to commit crime inexpensively, quickly, and across enormous geographical space (infact across the world). A criminal no longer needs to be at the actual scene of the crime (or within 1.000 miles for that matter) to prey on his victim.
The possibility of international element has been added to almost any crime, by implications some mechanisms for international cooperation can slow or derail many more investigation than ever before. Because, everything from banks, to phone systems to air traffic control, lies so heavily on networked computers.
Cyber crime just as any other normal crime is any unlawful conduct that involves the use of a computer or a computer device for unlawful purposes.
Today, the introduction of computer and the internet to facilitate communications and easy dissemination of information thereby making the world a global village, has its own set backs. This means that, technological advancement and innovations have related negative effect on the society we leave in and Nigeria in particular needs to be checked legally. Since domestic or traditional crimes such as fraud, child pornography, deformation, drug trafficking, offences against property are much more easily to commit with the aid of the Internet, computers and its related components than before. It is becoming increasingly evident that, crimes of this nature are highly sophisticated and at times difficult to define when one commits cyber crime.
The challenge to the Nigerian National Security agencies are unlike crimes involving personal violence, in which the offender and the victim have to be present together in one place at one time, economic criminals however, and their victims can be located anywhere in the world and sometimes never meet in person. Let us imagine a situation that involves an offender located in another country. Sometimes even this relatively simple scenario has complications in terms of determining legal jurisdiction.
The legal and policy implications of possible “Transborder searches”, such as the above scenario, are quickly becoming a concern for law enforcement agencies in Nigeria and around the globe as they grapple with new challenges posed by networked communications and new technologies. Traditional investigative procedures and particularly the often-cumbersome procedures that govern investigations at the international levels more than likely may not be adequate tomeet the need in computer crime cases for immediate law enforcement action reaching beyond national borders. The globalisation of criminal activity has created vexing problems that, in some cases, defy simple solutions
Criminality deriving from new Technologies such as computers, the Internet, and wireless communications provides daunting challenges for law enforcement in Nigeria and around the globe. Crimes can be committed remotely, without the criminal ever-setting foot in the country where the misdeed occurs or the victim is located.
Critical evidence may vanish the moment the culprits ends his transmission. And any hacker can route his communications through a foreign country, thereby adding an International element to his crime, which may create insurmountable obstacles for law enforcement.
Nigeria being a signatory to the Convention on Cyber crime, which took place in November 2001, among the preamble of the convention,
By and large signatories have agreed that, the cyber crime convention does three major things:
Ø It includes a list of crimes that each member country must enact into law. The treaty requires criminalisation of offences such as hacking, the production, sales or distribution of hacking tools, and child pornography, and an expansion of criminal liability for intellectual property violations (Articles 2 – 11).
Ø It requires each participating nation to grant new powers of search and seizure to its law enforcement authorities, including the power to force an ISP (Internet Service Provider) to preserve a citizen’s internet usage records or other data, and the power to monitor a citizen’s online activities in real time (Articles 16 – 22).
Ø It requires law enforcement in every participating country to assist police from other participating countries by cooperating with “Mutual assistance request” from police in other participating nations “to the widest extent possible” (Articles 23 – 35).
The emphasis from the outset more than likely, is on the ‘Core’ of computer – related offences, that is offences directed against ‘confidentiality, the integrity and availability of computer and telecommunication system’ and essential parts of them including data involved. Some additional offences of a wider scope and concept have been added, where systems and data are misused in order to violate or endanger property and other rights and which play a greater role in practice.
Thus, recent events in the USA leading to proliferation of draft and some enacted legislation an effort was made to ratify the provisions of the convention in June 30, 2003 at the latest, after the terrorist attack of September 11. The EU proposal also dovetailed with November 27 launch of the EU Commission “E-forum”, an initiative designed to foster public-private sector cooperation in combating computer crime.
More than anything else, the major societal tendencies of the new millennium more than likely, is currently internalisation and the development of the information society. The aims of a more unified Europe and the recognition that crime increasingly is an international phenomenon have therefore led to the development of new legal structure that are supplementary to traditional ones, such as the international Police organization, Interpol, founded in 1923. It has generally been recognised that effective action to combat cybercrime is necessary at both national and international levels.
In most countries of the world, reactions to computer crime focus on national law, particularly the criminal law as an effective solution, and neglecting alternative protective measures. Nevertheless, despite the efforts of supranational and international organisation, national substantive laws globally show considerable differentiation, particularly with regard to the criminal law provisions on hacking, trade secret protection and illegal content. Considerable differences also exist with respect to the COE powers of investigative agencies (especially with respect to encrypted data and investigations in international networks) and the range of jurisdiction in criminal matters.
At all levels of supranational and international, the urgency of effectively combating cybercrime has been broadly recognised and various organisations have been coordinating or attempting to harmonise relevant activities. The G8 Justice and Home affairs Ministers adopted a set of principles and a 10 – point action plan in December 1997, which was endorsed by G8 Birmingham summit in May 1998 and is currently being implemented. Combating cyber crime was on the agenda on the cyber convention in bilateral discussions the EC has with some governments (apart from the EU). A Joint EC/US Task Force on critical Infrastructure protection has been established.
At the EU level, until recently, legislative action mainly took the form of provisions in the areas of copy right, the protection of fundamental right to privacy and data protection, conditional access services, electronic commerce, electronic signatures and in particular the Liberalisation of Trade in encryption products, which are all directly related to cybercrime.
The EU has been an active supporter of R&D projects, which aim to promote security and confidence in information infrastructures and electronic transaction. Research and operational projects aimed at promoting specialised training of law enforcement personnel as well as cooperation between law enforcement and industry have also been supported in the framework of the third pillar programmes such as STOP, FALCONE, OISIN AND GROTIUS. The United Nations and OECD have also been working in this area, and cybercrime is on the agenda in international fora such as the Global Business Dialogue and the Trans- Atlantic Business Dialogue.
In November 2000, another milestone was achieved with the adoption by the United Nations of the convention Against Transnational organized Crime. This convention is intended to provide a legal framework for concerted action against organized crime and to be the basis for the harmonization of national legislation. It contains provision requiring the criminalizing of certain conduct (including participation in an organized criminal group, money laundering and corruption), as well as provisions on corporate liability, special investigative techniques, witness and victim protection, cooperation between law enforcement authorities, exchange of information on organized crime, training and technical assistance, and prevention at the national and international levels.
The convention offers great potential for enhanced cooperation among countries with respect to implementation of anti – money – laundering measures, confiscation of criminal assets, promotion of extradition and mutual legal assistance mechanisms, and the application of modern technology in the fight against crime.
The United Nations Millennium Declaration, in which Member states resolved to ensure that the benefits of new technologies, especially information and communications technologies, in conformity with the recommendations contained in the ministerial declaration of the high-level segment of the substantive session of 2000 of the Economic and Social Council, are available to all, and its resolution 55/63 of December 2000, in which it invited Member States to take into account measures to combat the criminal misuse of information technologies.
In view of the above:
I. Mindful of the need to ensure compliance with the convention’s resolution the Nigerian government should as a matter of urgency compel the Operators of Telecoms business as well as ISP’s (Internet Service Providers) to comply with the provisions of Articles 16 - 22.
II. Government should set up a National High Tech Crime Unit (Multy – agency which should comprise POLICE, EFCC, ICPC, CUSTOMS & EXCISE as well as all other Security organs in the country i.e. SSS, MDI, NIA etc.) in the presidency. The Unit should be responsible for:
III. There is an urgent need for the government to support the creation of new interception opportunities through the utilization of new emerging technologies and new technical interception technologies be used by Telecommunication Operators and ISP’s in order to facilitate the work of the National High Tech Crime Unit, and
IV. There is also the need to have a computer forensic Unit in EFCC, the function of the unit should basically be examining and analyzing computers and media, seized from a suspect.
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