Introduction

1. Cybercrime: A Paradox of a Vital RevolutionByPatrick Mwaita,MaicibiAlhas & Stephen Adibo(UNAFRI and ACCP)

2. Introduction • Technology is meant to improve the quality of life and ease the manner of achieving targeted outcomes. • About 85 million Africans use the Internet as at 2010 as against only 4 million in 2000(Sita, 2010) • The level of technological advancement is related to the socio-economic development of countries(UNODC,2005). • However, it can be used to commit crime;revealinga relationship between crime and technology. • Africa is bedeviled with Cybercrime and other problems. • The Launch of ACCP is a demonstration that Africa is ready to fight cyber criminals(Maicibi 2010,in Ghana :The News 15th October 2010 )

3. Hi-tech and Crime • The advent of hi-tech crime only aggravates the crime problem. • It undermines peace and security as well as development and poverty alleviation. • Organized criminals exploit technologies in order to maximize opportunities for frauds while at the same time minimize potential for risk of law enforcement (UNODC,2005): • Detection, prosecution, conviction, criminal justice are exposed to the excesses of e-crime.

4. Benefits and Evils Internet • While the internet and other information technologies are generating considerable benefits for management of public affairs,theyalso provide untold options for criminal behaviour. • Countless transactions are conducted through e-commerce, regardless of geographical barriers. • Information and Communication Technologies are now a facilitating factor in sourcing new investments.

5. Benefits and Evils (Cont’d) • The world wide web has made contacts easier, convenient and less riskier. • However, the unpleasant result derived from use of technology to commit crime can be overwhelming as it stretches far beyond established physical territories. • It creates new opportunities for facilitating other crimes. • Pornography, • Hacking into secrecy • illicit trafficking of persons, firearms and drugs • Techno-frauds • other forms of misconduct are prone to pass on air, online and other telecommunication resources including mobile phones.

6. Technological advancement and the Law • Cybercrime is borne of a revolution, the Information Age. Opportunities and Risks • Technological developments in telecommunications, the networking of financial and banking systems, • the increasing use of computers in the private sector, • the globalization of markets and, conversely, • the lack of efficient and ready countermeasures on the part of law and law enforcement are : • All factors that have increased opportunities and reduced risks for criminals (Adamoli et al. 1998).

7. Technological advancement and the Law (cont’d) • The lack of efficient and ready countermeasures on the part of law and law enforcement are : • All factors that have increased opportunities and reduced risks for criminals (Adamoli et al. 1998). • It is no wonder that there is no effective legal framework for remedial action against hi-tech crime. • The available legislation risks becoming continually outdated in the face the rapid and highly dynamic threat developments arising out of high-tech crime. Africa should not despair. • The whistle blower lies in the need for Africa to rise to the challenge with appropriate responses.

8. Cybercrime and Developing African Nations • High-tech crime is a new trend of crime, emerging out of new technological developments. • If not well managed, hi-tech developments have serious adverse effects on the economy, security, rule of law and criminal justice administration. • And yet Africa has among its priorities, the need for modernization, which presumes the application of technological equipment. • The incidence of cybercrime on socio-economic development in Africa and other less developed countries will be better understood in the context of perceptibly glaring illiteracy levels obtaining.

9. Cybercrime and Developing African Nations(cont’d) • Cybercrime continues to erode un-foretold scarce resources through frauds such as identity thefts. • The value of resources lost to identity thefts is dynamic and keeps increasing (Maicibi,2010,Nabukenya 2010). • About $20b is annually lost to IT related Id theft globally (Maicibi,2010). • In 2009 alone, $560 million was lost through cyber activity (Baryamureeba and Tushabe,2010) • Useful as it is, the computer and knowledge thereof, still eludes most of Africa (Kakooza,2010).

10. Salient Features of Hi-tech crime • It is more of an elitist tool of operation, alien to the ordinary country people (ACCP, 2010). • High-tech crime is highly organized • It exploits weaknesses identified in the victims’ systems • Very sophisticated, elusive to traditional law enforcement • Technologically facilitated, invisible, anonymous • It is fluid to all areas • It targets financial and strategic interests involving life and property (terrorism) • Its impact is massive and transnational

11. Salient Features of Hi-tech crime(cont’d) Against the above are the following characteristics in the context of the Africa region and it is important that the proliferation of technology to Africa should bear sensitivity to these realities: • largely techno-deficient • lacking in skills • scarcity of electronic equipment • largely unsophisticated • Sensitivities are shared communally in extended systems, security consciousness is low • predominantly rural

12. Africa and Technological Dispensation • Was Africa really ready and prepared for a full blown technological dispensation? • Africa seems to inevitably have been drawn into the global regime despite its observable setbacks. • It appears that the need to adapt to international standards overtook the essential requirement for prior preparation for this eventuality with appropriate safeguards

13. Africa and Technological Dispensation(cont’d) • The 2006 UNAFRI study, found that many executives have been defrauded online but could not open up • This in essence appears to explain the inadequate planning and relative dysfunctional impact of unregulated and ‘seemingly abrupt’ engagement of technological developments in crucial areas of management.

14. Africa and Technological Dispensation(cont’d) • For example, the process of legislation regulating computer use was only started in 2008 in Uganda (ULRC). For most of Africa reports indicate a visibly poor attempt at computer use regulation. • Even then, these attempts are generally in reaction to precedents of illegal activity facilitated online. (V.Baryamureeba & F.Tushabe,2010)

15. Prevalence of hi-tech Crime in Africa • The situation described above makes hi-tech crime flourish, undetected and difficult to prosecute in Africa. • The minimal awareness about the means of commission of cyber crime makes it elusive to prevent. • But the lack of sufficient technologically suitable personnel makes the commission of hi-tech crime an easy exercise and Africa easy prey, increasing its vulnerability to loss of resources.

16. Conclusion • There has been a dramatic shift from rudimentary traditional systems of management of public life to dynamic electronic mechanisms utilising technologies in communication • Through ICT, vivid innovations at social, economic and organizational levels are publicizing the trends of crime and it is likely that the law enforcement authorities are benefiting from this massive awareness initiative. • The era of hi-tech crime is an outcome of pertinent developments in the use of technology

17. Conclusion (Cont’d) • It is imperative to rationalize the use of technology for criminal intents through technological, legislative, political and popular initiatives for detecting, investigating crime, arresting and prosecuting criminals (Ernesto U. Savona and Mara Mignone,2004) • Hi-tech crimes pose worldwide threats, the response should be global, practical and dynamic • Hi-tech crime is a new global epidemic, requiring massive and continued mobilisation of resources in every sector of the population in mitigation • Based on its uniqueness, Africa needs its own pool of experts on cyber threats, such as Computer Incident Response Teams(CIRT)

18. The Way Forward • Training • Acquisition and exchange of knowledge • Consolidation of existing practices. • Regional cooperation • Harmonisation of legislation • Collaborative research • Creativity • Include Cyber law in educational curriculum • Sensitization/Utilize testimonies • Re-orient cyber criminals • Domestication of relevant conventions against TOC

19. Thank you For being a wonderful Audience