ALL YOU NEED TO KNOW ABOUT CYBERLAW AND WHY YOU NEED IT

by IBRAHIM ABDULSALAM

Image by Megan Rexazin from Pixabay

It is trite to know that every aspect of law is very important because every aspect of society is important. It is on this premises that I will draw from the well of the knowledge of Cyber Law, to enlighten you on the consequence of your activities on the Net. Read on!

What is a Cybercrime?

Cybercrime is a type of crime that takes place in cyberspace, or in the realm of computers and the Internet. Because our society is evolving towards an information-driven society where communication occurs in cyberspace, cybercrime is now a global phenomenon. Cybercrime has the potential to significantly influence our lives, society, and economy.

 What is Cyber Law?

Any law that deals with the internet and similar technology is known as cyber law. Cyber Law is frequently referred to as "Law of the Internet" or "IT Law." It's a legal framework for dealing with issues relating to the Internet, computing, Cyberspace, and other associated matters. Intellectual property, contract, jurisdiction, data protection laws, privacy, and freedom of expression are all covered by cyber law. It oversees the distribution of software, information, online security, and e-commerce. E-documents are given legal validity in the field of cyber Law. It also establishes a framework for e-commerce and e-filling.

To put it another way, cyber law is a legal framework for dealing with cybercrime. Due to the increased use of E-commerce, it is critical that suitable regulatory practices are in place to ensure that no malpractices occur.

 Cyber security laws vary a lot from country to country and jurisdiction to jurisdiction. Penalties depend on the nature of offense, and will range from a fine to imprisonment. It is critical for citizens to understand their particular country's cyber laws in order to ensure that they are fully informed about all cyber security issues.

Categories of Cybercrime in Nigeria:

1. Cybercrimes against people: Cybercrimes against people include cyber harassment and stalking, e-mail phishing, the dissemination of child pornography, various sorts of spoofing, credit card fraud, human trafficking, identity theft, and online connected libel or slander. 

One of the most serious Cybercrimes nowadays is the trafficking, distribution, publishing, and dissemination of obscene material, such as pornography and indecent exposure. The potential harm to humanity from such a crime cannot be overstated. If not managed, this is one cybercrime that threatens to impair the progress of the younger generation as well as leave irreparable scars and injuries.

Correspondingly, in Nigeria prior to the gruesome murder of Cynthia Osokogu in July 2012, as reported by an online news magazine, people had suffered a similar fate. For example, Uzondu, an undergraduate student at a private Christian university in Ogun State, allegedly contracted the dreaded Human Immune Virus, HIV, from a man she thought was her boyfriend.

The victim met the con man on the famous social networking platform, Facebook, and before she knew it, she was whisked away to a fantasy holiday where she was lavished with expensive presents such as an iPad and the latest BlackBerry phone, among other things. During these amorous outings, the young girl became pregnant, but her partner was nowhere to be found. Unfortunately, she had no idea who the man was, no contact information, and no place of employment. Worse still, she tested positive for HIV.

 2. Cybercrime against property: The second type of cybercrime is cybercrime against all types of property. Distributed Denial of Service (DDoS) attacks, hacking, virus transmission, cyber and typosquatting, computer vandalism, copyright infringement, and Intellectual Property Right (IPR) breaches are examples of these crimes.

 3. Cybercrime against the Government: The third category of cybercrime is cybercrime against the government. When a cybercrime is committed against the government, it is considered an attack on the sovereignty of a nation and an act of war. Hacking, gaining access to confidential information, cyber warfare, cyber terrorism, and the use of pirated software are all examples of cybercrime against the Government.

 The expansion of the Internet has revealed that the channel of cyberspace is being used by people and groups to threaten foreign governments as well as intimidate a country's citizens. When an individual hacks into a government or military-run website, the offense becomes terrorism.

 The alleged Russian hacking or involvement in the US presidential elections that put Donald Trump to power, is another important case for this topic.

 Most of these types of cybercrimes have been addressed by the Cybercrimes Act of 2015.

 We will now look at the Act briefly. Read on!!

 Cybercrimes (Prohibition and Prevention) Act, 2015

The Act provides an effective, unified and comprehensive legal, regulatory and institutional framework for the prohibition, prevention, detection, prosecution and punishment of cybercrimes in Nigeria.

 Cybercrimes highlighted under this ACT include:

1. Offences against critical national information infrastructure

2. Hacking Computer Systems and Data Alteration

3. Unauthorized Access of Protected Systems

4. illegal Registration of Cybercafé or Usage of Unregistered Cybercafé

5. System Interference

6. Interception of electronic messages, email, and electronic money transfers

7. Tampering with critical infrastructure

8. Willful misdirection of electronic messages

9. Unlawful interceptions

10. Computer-related forgery

11. Computer-related fraud

12. Theft of Electronic Devices

13. Unauthorized modification of computer systems, network data and system interference

14. Publishing False Digital Signature and Certificates

15. Cyber terrorism

16. Exceptions to financial institutions posting and authorized options

17. Fraudulent issuance of e-instructions

18. Tampering with Computer Source Documents

19. Identity theft and impersonation

20. Child pornography and related offences

21. Cyberstalking

22. Cybersquatting

23. Racist and xenophobic offences

24. Attempt, conspiracy, aiding and abetting

25. Importation and fabrication of e-tools

26. Breach of Confidentiality and Privacy

27. Manipulation of ATM/POS Terminals

28. Phishing, spamming, spreading of computer virus

29. Electronic cards related fraud

30. Use of fraudulent device or attached e-mails and websites.

Why do Nigerians need this laws?

The main reasons cyber laws are essential to Nigeria Businesses are:

1. For employees Safety: When a business is protected by cyber laws, its employees are safeguarded from potential cyber-attacks.

2. Business protection: When it comes to protecting a business, cyber laws are important. This ensures that employees of an organization can browse the internet without fear of being attacked. Due to cyber laws, a company can send and receive important and vital data between networks. 

3. Personal Data Protection: Cyber laws protect a user's personal information. Numerous threats exist in the digital world; cyber laws aid in the confidentiality and protection of personal and sensitive information communicated over the internet.

 In conclusion,

Why You Need a Cyber Lawyer in Nigeria?

Cyber lawyers practice in a wide range of areas and expertise. They work in small, medium, and large businesses. They both work in private practice and for the federal government.

Cyber Lawyers may practice criminal law or work for an organization that develops and enforces civil laws. They can also work for organizations that enforce cyber laws and assist the public in using the internet safely.

If a client has a dispute over a cyber-contract or domain use, they can turn to their cyber lawyer to help them resolve the issue or navigate related litigation. Because of the jurisdictional issues that may arise in cyber law, lawyers who assist their clients with cyber lawsuits may need to work carefully to develop their case.

Another crucial role of cyber lawyers is to assist clients to develop best practices for conducting business and personal affairs. For example, a cyber-lawyer representing a hospital may assist them in implementing measures to comply with privacy rules while still protecting personal information. Cyber lawyers also assist organizations in maintaining client confidentiality in accordance with federal, state, and local laws.