UNIT 2 REGIONAL AND INTERNATIONAL CYBERCRIME LEGISLATIONS/REGULATIONS
3.1 Council of Europe Convention on Cybercrime, 2001
The Council of Europe Convention of Cybercrime, 2001 is generally believed to be the first significant international legislation of cybercrime. It is also referred to as the
“Budapest Convention on Cybercrime” and was adopted by the Committee of Ministers of the Council of Europe during its 108th Session which held on 23rd November, 2001.
The Convention however became effective 1st July 2004 and has been ratified by 64 states as at September, 2019.
The Council of Europe Convention on Cybercrime is an international treaty that is aimed at combating cybercrime by adopting relevant registrations and facilitating international cooperation. The Convention covers the followings articles:
1. Definitions 2. Illegal access 3. Illegal interception 4. Data interference 5. System interference
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6. Misuse of devices
7. Computer-related forgery 8. Misuse of devices
9. Offences related to child pornography
10. Offences related to infringement of copyrights and related rights 11. Attempt and aiding or abetting
12. Corporate liability 13. Sanctions and measures
14. Scope of procedural provisions 15. Conditions and safeguards
16. Expedited preservation of stored computer data
17. Expedited preservation and partial disclosure of trafficked data 18. Production order
19. Search and seizure of stored computer data 20. Real-time collection of traffic data
21. Interception of content data 22. Jurisdiction
23. General principles relating to international co-operation 24. Extradition
25. General principle relating to mutual assistance
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26. Spontaneous information
27. Procedures pertaining to mutual assistance requests in the absence of applicable international agreement
28. Confidentiality and limitation on use
29. Expedited preservation of stored computer data 30. Expedited disclosure of preserved traffic data
31. Mutual assistance regarding accessing of stored computer data
32. Trans-border access to stored computer data with consent or where publicly available
33. Mutual assistance regarding the real-time collection of traffic data 34. Mutual assistance regarding the interception of content data 35. 24/7 Network
36. Signature and entry into force 37. Accession to the Convention 38. Territorial application
39. Effects of the Convention 40. Declarations
41. Federal clause 42. Reservations
43. Status and withdrawal of reservations
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44. Amendments
45. Settlement of disputes 46. Consolations of the Parties 47. Denunciation
48. Notification
The Council of Europe Convention on Cybercrime which was drafted by the Council of Europe in Strasbourg, France, with the observer states of Council of Europe: Canada, Japan, Philippines, South Africa and the United States participating actively laid the foundation for the cybercrime legislations of many countries across the world. Though adopted nearly two decades ago, it has remained relevant to several issues surrounding international cooperation in the fight against cybercrime. As can be seen from its articles listed above, some of the offences covered in the Convention are provided for in the Nigerian, Ghanaian, Kenyan and South African cybercrime legislations discussed in unit 1 of this module.
3.2 African Union Convention on Cyber Security and Personal Data Protection, 2014
The Convention on Cyber Security and Personal Data Protection, 2014 was adopted by the twenty-third ordinary session of the Assembly of the African Union which held in Malabo, Equatorial Guinea on June 27, 2014. The Convention stipulates among other things that member states of the African Union are aware that it is meant to regulate a particularly evolving technological domain, and with a view to meeting the high expectations of many actions with often divergent interest, the convention sets forth the security rules essential for establishing a credible digital space for electronic transactions, personal data protection and combating cybercrime.
The Convention covers the following thirty-eight (38) articles:
1. Definitions
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2. Scope of application of electronic commerce
3. Contractual liability of the provider of goods and services by electronic means 4. Advertising by electronic means
5. Electronic contracts 6. Writing in electronic form
7. Ensuring the security of electronic transactions
8. Objective of the Convention with respect to personal data 9. Scope of application of the Convention
10. Preliminary personal data processing formalities
11. Status, composition and organization of National Personal Data Authorities 12. Duties and powers of National Protection Authorities
13. Basic principles governing the processing of personal data 14. Specific principle for the processing of personal data 15. Interconnection of personal data files
16. Right to information 17. Right to access 18. Right to object
19. Right of rectification and erasure 20. Confidentiality obligations 21. Security obligations
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22. Storage oblations
23. Sustainability obligations
24. National cyber security framework 25. Legal measures
26. National cyber security system
27. National cyber security monitoring structure 28. International cooperation
29. Offences specific to Information and Communication Technologies
30. Adapting certain offenses to Information and Communication Technologies 31. Adapting certain sanctions to Information and Communication Technologies 32. Measure to be taken at the level of the African Union
33. Safeguard provisions 34. Settlement of disputes
35. Signature, Ratification or Accession 36. Entry into Force
37. Amendment 38. Depository
The Convention which is relatively recent seeks to foster regional cooperation in the fight against cybercrime. However, not all African states have signed the convention. Only 11 countries have signed it as at 5th February, 2019. This slow response to this regional
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initiative towards cyber security will affect the efforts of respective African states in combating cybercrime.
3.3 United Nations Efforts towards Combating Cybercrime
The United Nations (UN) with headquarters in New York, United States is committed to combating cybercrime. The UN has over the years established expert groups and sponsored conferences related to Information and Communication Technology (ICT) and cyber threats. In, 2012, the then UN Secretary-General, Ban Ki-moon appointed the group of 15 experts from the five permanent members of the UN Security Council as well as Argentina, Australia (the chair), Belarus, Canada, Egypt, Estonia, Germany, India, Indonesia, and Japan to execute a mandate from the UN General Assembly to study possible cooperative measures that will assist in addressing existing and potential threats related to the use of information and communication technologies (ICTs) (see, Wolter, 2020).
Furthermore, in 2013, the United Nations through its Resolution 22/7 provided a framework for strengthening international cooperation to combat cybercrime. In the same vein, its Resolution 22/8 provided a framework for technical assistance and capacity building to strengthen national measures and international cooperation against cybercrime.
Another example of the demonstration of the United Nations commitment to ensuring global cybersecurity is that in 2018, the United Nations Office of Drug and Crime (UNODC) organized an International Academic Conference on Linking Organized Crime and Cyber Crime, Chuncheon, Republic of Korea. Academics and practitioners were invited across the globe to the two day conference which was organized in partnership with Hallim University, Chuncheon, Republic of Korea. Another initiative is the launching of the Global Cybersecurity Index (GCI) to measure the status of cybersecurity worldwide by UN International Telecommunications Union (ITU).
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4.0 CONCLUSION
Given its transnational nature, cybercrime can only be effectively combated through international cooperation and partnerships. Technical assistance and capacity-building are critical in the fight against cybercrime. There are legislations/regulations at the regional and international levels aimed at tackling cybercrime. The rectification and enforcement of such legislations is critical to fight against cybercrime.
5.0 SUMMARY
This unit discussed the regional and international legislations as well as regulations on cybercrime. It covers the Council of Europe Convention on Cybercrime, 2001, African Union Convention on Cyber Security and Personal Data Protection, 2014 and the various efforts of the United Nations towards combating cybercrime.
6.0 TUTOR-MARKED ASSIGNMENT
Discuss the various efforts of the United Nations towards combating cybercrime.
7.0 REFERENCES/FURTHER READING
United Nations, Commission on Crime Prevention and Criminal Justice.
(2013). Resolution 22/7: Strengthening international cooperation to combat cybercrime.
United Nations, Commission on Crime Prevention and Criminal Justice.
(2013). Resolution 22/8: Promoting technical assistance and capacity-building to strengthen national measures and international cooperation against cybercrime.
Wolter, D. (2020). The UN Takes s Big Step Forward on Cybersecurity. Available at:
https://www.armscontrol.org/act/2013-09/un-takes-big-step-forward- cybersecurity
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UNIT 3 CHALLENGES OF CYBERCRIME LEGISLATIONS IN AFRICA