CHAPTER ONE
GENERAL INTRODUCTION
1.0.0 Introduction
In the last
quarter of the twentieth century, a technological revolution centered on information
has transformed the way we think, produce, consume, trade, communicate, and
even how we get married[1].
The availability of information technology around the world is linking up
people and activities while switching off from a conventional networks of power
and wealth.
To a large extent,
cyberspace is the manifestation of postmodern society whereby novel
technologies have created new social environment and a new reality. We are now
living in an era of simulations, where humans are constantly “substituting
signs of the real for the real” [2].
Statistics available at the Nigerian
Communication Communications indicate that there are four major Telecommunication
Companies in Nigeria, namely; MTN, Airtel, Glo and Etisalat which is now 9aija.
Today, electronic
society has become perhaps some of the most critical issues for almost all
governments across the globe because the survival of their economies now
revolves on the dynamics of information and communication technology. Hacking and Cyber-security challenges have
become one of the great frontiers. Between 2000 and 2016, the internet expanded
at an average rate of 566.4% on a global level, while an estimated 2.4 billion
people are “on the Net.”
Six trillion web
pages are accessible, 2.2 billion Google searches per month and 12% of all
global trade happens online, with about $240 million lost from global
cyber-crime. [3] The
rapid growth of computer technology carries with it the evolution of various
crimes on the internet. In recent years, there has been considerable focus
within the criminal justice system on computer-related crime, as hacking and
cyber-security has garnered increased attention because computers have become
so central to several areas of social activity connected to everyday life. [4]
Although the internet has been a double-edged
sword providing opportunities for individuals and organizations, it brings with
it an increased information security risk.[5] Hacking and Cyber-security has in
recent times become a crucial threat to many countries which has necessitated
many governments from around the world to enact sturdy legislations and also
put in place coherent procedural measures to tackle cyber-criminals.
1.1.0 Background to the Study
The internet creates unlimited opportunities for commercial,
social and other human activities. But with cyber-crime the Internet introduces
its own peculiar risks. What are the menace hacking and cyber-security threats
poses to Nigeria? Hacking and Cyber-crime
is an obstacle that may shut the door of progress against any nation that are
found wanting. The global village currently records an increasing criminal
behaviour. There is hardly a place where computers and
internet facilities are found that cases of crime are not recorded[6].
New modes of operation are developing as the Global System for
Mobile-telecommunication (GSM) is now used for browsing. A lot of young people
are common among the perpetrators of these criminal activities. They spend
hours browsing and sometimes stay awake all night to carry out their nefarious
activities[7].
Accordingly, hacking and cyber-security[8] are described as one of the fastest growing criminal activities
on the planet. The fact that it covers a large range of illegal activity
including financial scams, computer hacking, downloading of pornographic images
from the internet, virus attacks, stalking and creating websites that promote
hatred. In recent time, young students in the tertiary institutions engage in
forgery of all kinds ranging from false admission paper to school fees
receipts, certificates racketeering and examination malpractice that is,
accessing useful information during examinations through the handset and other
electronic devices[9].
The role of ICT in an emerging economy
like Nigeria has been widely recognized at various levels. The recognition is
reflected in actions such as the development and deployment of national ICT
infrastructures, institutional and regulatory framework for managing the
sector. In addition, the promotion by the use of ICT in all sectors of the
economy, implementing e-governance in government institutions indicate that Nigeria
have embraced the knowledge-based society.
Notwithstanding the success Nigeria has
chalked in ICT, it is a common knowledge that the spread of hacking and cybercrime
is on the ascendency.
The news that Nigeria ranks sixth in
cyber fraud, out of ten countries identified in the world and first in Africa
is alarming[10].
Cyber fraud ranges from hacking of official websites to abduction and
soliciting by young Nigerian girls for sexual gains abroad.
This development
has impacted negatively on Nigeria’s image in the global environment. Many
companies in the western world have blacklisted credit card transactions coming
from the country. To buttress this point, Nigeria was the second most
frequently blocked location by U.S e-commerce sites because retailers are
skeptical of fake orders from internet scammers and it is against this
background that this study seeks to investigate hacking and cyber security in
the Nigerian Telecommunications Industry.
1.2.0 Objectives of the Study
The main objective
of the study is to examine hacking and cyber security in the Nigerian
Telecommunications Industry.
Specifically, the study
seeks to;
1.
Know how Nigeria anti-graft
agencies are tackling hacking, cyber-crime and cyber security threats
2.
Assess the laws regulating
telecommunication industry and their related activities in Nigeria
1.3.0 Focus of the Study
In the discussion of hacking
and cyber security in the Nigerian Telecommunications Industry, attention will
be focused on the laws regulating telecommunication, the role of the Nigerian
Communication Commission and the court of competent in prosecuting cases of
cybercrimes.
1.4.0 Scope of the Study
This study primarily
focuses on hacking and cyber security in the Nigerian Telecommunications
Industry. The study is limited to a discussion of the full range of the laws regulating
the telecommunication industry in Nigeria and prosecution of some cybercrime
cases.
1.5.0 Methodology
The study has adopted comparative
methodology for the study of the laws, doctrines, principles and procedural
issues of enforcement, relating to the hacking and cybercrime legislative
structures in Nigeria and the United Kingdom. The choice of comparative
methodology is derived from the fact that the research argues legal principles
of ‘harmonization of laws’, ‘legal transplants’ and jurisdictional issues.’ Is harmonization
desirable? Is harmonization achievable? Regarding legal transplant: Will
imported laws/legal concepts work? Will they work as planned? Will they work in
the same way as they do in their home jurisdiction? These are all questions to
which there are no easy answers, and could at best be identified using a
comparative methodology.
The
major basis for comparative reference to the United Kingdom’s legislative
structure is due the pre-existing political and legal relationship between the
two countries; and involving direct transplant of various laws from the United
Kingdom to Nigeria.
By
virtue of being a British colony, English Laws became a source of Nigerian
criminal law and thus applicable in the country through the mechanism of local
legislation and judicial decisions.
1.6.0 Literature Review
This section reviewed
information relating to hacking and cyber-security from various sources;
including textbooks, accredited on-line journals, magazines, dissertations,
newspapers, organizational reports and other relevant documents. Literature review is based on the assumption
that knowledge accumulates and that people learn from and build upon what
others have done. Also, reviewing the
related studies gives an overview of what has been said, who the key writers
are, what are the prevailing themes, question being asked and the methods appropriate
for the study. It may provide a critical assessment of the issue in a
particular field, stating where the weakness and gaps are, contrasting the
views of a particular author, raising question, and providing a summary that
evaluate and shows the relationship between different materials.
A primarily problem for the analysis of hacking and cyber-security
is the lack of a consistent and statutory definition for the activities that
may constitute hacking and cyber-security[11]. According to Smith et al. (2014) [12], defining hacking and cyber-security raises conceptual complexities.
Varied definitions of hacking and cyber-security do exist.
In addition to the difficult of definition, it is also called by
variety of terms such as computer crime, computer-related crime, digital crime,
information technology crime, Internet
crime[13], virtual crime, e-crime and net crime. Hacking and Cyber-security
could reasonably include a wide variety of criminal offenses and activities. At the Tenth United Nations Congress on the
Prevention of Crime and Treatment of
Offenders, in a workshop devoted to the issues of crimes related to computer
networks, cybercrime was divided into two categories and defined thus:
1.
Cybercrime in a narrow sense
is any illegal behaviour directed by means of electronic operations that
targets the security of computers systems and the data processed by them[14].
2.
Cybercrime in a broader
sense is any illegal behaviour committed by means of, or in relation to, a
computer system or network, including such crimes as illegal possession and
offering or distributing information by means of a computer system or network[15].
In the
Council of Europe’s Convention on Cybercrime (2001), cybercrime is used as an
umbrella term to refer to an array of criminal activities including offenses
against computer data and systems, computer-related offenses, content offenses,
and copy-right offenses[16].
Cases of computer
crimes globally, date back to the early 1960s when the first case of computer
crime was reported. Since then, there have been countless reports of computer
crimes being committed on a daily basis[17].
These early attackers
often used unauthorized access of telecommunications systems to subvert
long-distance phone system which modified or destroyed data for financial gain,
revenge, amusement or theft of services. Additionally, programmes in the 1980s
began with a malicious software, including self-replicating programs which
interfere with personal computers. The illegitimate application of e-mails also
grew rapidly from the mid-1990s onward, generating torrents of unsolicited
commercial and fraudulent activities[18].
The evolvement of software applications have created complex problem for
information security in the contemporary world.
1.7.0 Chapter Outline
The study is divided into five
chapters. Chapter one is on the general
introduction which includes background of the study, objectives of the study,
focus of study, scope of study, research methodology adopted, review of related
literatures and conclusion. Chapter two discusses Hacking, Cyber-fraud and
Computer Related Offences. Chapter three is the Nigerian Cyber Pluralism
Experience.
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[1] Mohamed
Chawki.,(2012) ‘Best Practices and Enforcement in Cyber-security: Legal
Institutional and Technical Measures’
accessed online
[2]
Abhilash Nair, (2010)‘Real porn and pseudo porn: The regulatory road’ “International
Review of Law, Computers & Technology”, 24(3), 223-232.
[3] Bruce L. Mann,
(2009) “Internet, Domain Names, Stakeholder Interests and Privacy Protection
[4]
Fagbemi Sunday Akinolu, (2011) "Admissibility of Computer and other
Electronically Stored Information in Nigerian Courts: Victory at Last"
University of Ibadan Faculty of Law Journal 1, No 2.
[5]
John Odumesi, (2014) “Combating the Menace of Cybercrime”, IJCSMC, Vol 3, 980–991.
[6] Ibid
[7]
Ahmed Beita Yusuf, (2002)‘Nigerian legal system: Pluralism and conflict of laws
in the northern states’ (National Publishing House
[8]
Alex Ozoemelem & Ihuoma Babatope (2010) “Cybercrime Regulation: The
Nigerian Situation”, Frameworks for ICT
Policy: Government, Social and Legal Issues: Government, Social and Legal
Issues, 98.
[9]
Ahmad Nehaluddin, (2009), ‘Hackers’ criminal behaviour and laws related to
hacking’ 15(7) CTLR 159, 160
[10] Mohamed
Chawki., ‘Best Practices and Enforcement in Cybersecurity: Legal Institutional
and Technical Measures’ accessed on 8
December 2012
[11] Ibid
[12]
Andrew Murray, (2013), Information Technology Law: The Law and Society, (2nd edn,
Oxford University Press,).
[13]
Bryan C Foltz, (2004), 'Cyberterrorism, computer crime, and reality' Information
Management & Computer Security 12 (2/3), 154–166
[14]
Edwin Agwu, (2014), “Reputational risk impact of internal frauds on bank
customers in Nigeria”, International
Journal of Development and Management Review, 9(1), 175-192.
[15] Ibid
[16]
Armando A Cottim, (2010) “Cybercrime, Cyberterrorism and jurisdiction: an
analysis of Article 22 of the COE Convention on Cybercrime” The Future of Law & Technology in the
Information Society, 2.
[17]
Abhilash Nair, (2010), ‘Real porn and pseudo porn: The regulatory road’ International
Review of Law, Computers & Technology, 24(3), 223-232.
[18]
Abimbola Salu, (2005), ‘Online Crimes
and Advance Fee Fraud in Nigeria - Are Available Legal Remedies Adequate?” Journal of Money Laundering Control, 8(2),
159-167.
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