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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. 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 cooperate and
co-ordinate their activities and distribute their assets over several
jurisdictions with impunity.
With the ever-evolving computer technology, computer-related crime and
cybercrime have become a significant global challenge. The ability to
automate attacks against computer systems can lead, for example, to
hundreds of thousands of registered attempts to interfere with, or
illegally access computer systems each day. Hundreds of new computer
viruses are detected every month3 and virus toolkits enable computer
users with even limited skills to create malicious software. Through
networks of literally
millions of compromised computer systems controlled by individual
criminal groups, even the most powerful Internet services can be
attacked.4 Such threats are expansive, not only in terms of quantity,
but also in terms of quality. In recent years, the number of reports
concerning targeted attacks against critical infrastructure have
increased. The Internet is based on single technical standards that
allow global communication. This has the advantage of allowing the
globalization of Internet services (such as Facebook, Google, Yahoo and
others) that are operated in one country but can be accessed by users
from all over the world. From a crime prevention perspective, however,
it has the disadvantage that acts of cybercrime do not require that the
offender be located in the same country as the victim. This explains why
the vast majority of cybercrime offences have a transnational
dimension. Successful prevention and combating of cybercrime therefore
requires effective international cooperation through an adequate treaty
and well trained government and law enforcement personnel.
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