A MODEL LEGISLATIVE AND REGULATORY FRAMEWORK FOR CAMEROON1 INTRODUCTIONA country without cyberlaws is a danger to itself and to the global village atlarge. On this background the allegation of Cameroon being home to theworlds riskiest Internet sites according to the cyber-security firm McAfee ,is acause for concern and therefore warrants appropriate legal and regulatoryresponses at the national and international level.In a poor and heavily indebted country like Cameroon,where the youths havemoved from classrooms to cyber cafes for cyber abusive reasons, where ourchildren, business, lives, and property are at risk for lack of the necessary laws,where government’s flexible and spontaneous responses are far from reality andeverything answers to a highly centralized form of government, confiscated bythose close to the regime. , where a greater number of the citizens live in ruralareas,where there are no appropriate laws to apprehend and prosecute cybercriminals, there is need for a legislative and regulatory rethink .2.What Will BE The Advantages Of An Appropriate Legislative AndRegulatory Measures For Cameroon?- Cameroon Will be haven free from cyber criminal- The law will encourage e-business, create a competitive environment andenhance confidence and trust with assurances of confidentiality, integrity,authenticity, in sensitive information -data and privacy protection, andtherefore increase further developments in ICTs , especially in our health sector, oureducational system, our governance, our military
3 A brief On Cameroon’s context of Cyber crimeCameroon’s Cyber crime can be understood as:-Computer-aided crimes originating in Cameroon but having its effect in anotherCountry- Computer-aided crimes committed by Cameroonians located in Cameroon andhaving the effect in Cameroon- Computer-aided crimes committed by Cameroonians located outside Cameroonand having effect in any other country including Cameroon Therefore the computer element is a recent element in Camerooncriminal system.4 Why Is Cybercrime A Challenge ?- Anonymity enjoyed by the perpetrator creates a room for impunityas the elements of a crime; the physical presence, re actus, the mentalelement –mensrea and the result cannot be coordinated to prosecute-The borderless nature of the Crime and therefore multijurisdictional challengesassociated with cybercrimes’-The complexity of the new crime and lack of technology makes understandingdifficult , detection and prosecution difficult-Ignorance of most Cameroonians to the nature and existence of cybercrime .5 Challenges Posed By cybercrimes - Technical challenges
Lack of physical and anonymity and transborder nature of cyber crimes make itdiff+icult to trace a criminal - Legal challenges- The inherent trans-national nature of the internet is rendering the traditionalconcept of distance meaningless and allowing criminals to act with impunity due to lack of a legal structure capable of deterring and punishing cybercrime .-Outdated laws and regulations, weak enforcement mechanisms for protectingnetworked information, create an inhospitable environment in which to conduct e-business within a country and across national boundaries. Operational challengesCybercrime raises complex technical and legal issues which will requireCameroon to have individuals dedicated to cybercrime and these individuals musthave a sound understanding of computers and telecommunications. Lack of anefficient resources is a cloak to cyber to trying cyber criminals.6 Model Law for CameroonCameroon needs a clearly defined rule of law including a strong deterrent forcybercrime,- Further, Cameroon must create a robust, standard and interoperable laws byincorporating standard models into her own legislation,Cameroon must take into consideration her cultural diversity in making hercyberlaws.-Cameroon must follow the existing international initiatives providing guidancefor an effective framework addressing this crime.This law can adopt the model of - The United Nation’s Convention On The Use Electronic Communication In International Contracts
- The Council of European Convention on Cybercrime- - UNICTRAL Model Law on e-commerce (1996) - UNICTRAL Model Law on e-signature (2001); - - Further, the country has the added advantage of learning and borrowing from the experiences of some countries like the United Kingdom, the United States and her sister African Countries like South Africa, Morocco, Tunisia, Egypt, Mauritius that have already enacted cybercrime law - An Appropriate Substantive criminal law For Cameroon:-Creating a new law specifically targeting the following offences; i A New Law For Illegal access In Cameroon prohibiting intentionallyaccessing the whole or any part of a computer system, without the right to do so ii A New law That Outlaws Illegal interception proscribing intentionallyintercepting non-public transmissions of computer data, including electromagneticemissions, to, from or within a computer system, by technical means. iii A New Law That Outlaws Data interference and protects computerprogrammes criminalizing intentionally damaging, deleting, deteriorating,altering or suppressing computer data without right VI A New Law That Protects Cameroon’s Critical Infrastrutures ByOutlawing System interferenceA cybercrime and cyber security law for Cameroon must prohibiting seriousintentional hindering of the functioning of Cameroon’s critical infrastructures likeenergy, like CRTV,SONEL, SNEC, Banking system, Insurance. SONARA v New Law That Criminalises The Misuse of Devices used forcommitting crimesA T he Old Laws Need to be Amended to Cover
Computer-related forgery,Computer-related fraud,Computer-related extortion,Child pornography,Intellectual property offences like Copyright infringement,Trade mark AndDomain NameCyberterrorism . An Appropriate Procedural lawsThe Criminal Procedure Code Of 2005 must be amended to cover computerrelated crimes.-The laws must cover the new investigating challenges-Evidential issues7 Regulatory FrameworkThe government of Cameroon must design , adopt and implement the followingStrategies;collaborative And Consertative strategies with Cybersecurity Stakeholders-Individuals:- Private Sector:- Public Sector:- Development Partners-Civil Society and the Media as a Sector.- Trade Unions.- Cameroonians in Diasporag. Education/ Academia;- Strategies must be tailored to the rural areas, therefore bringing solution closer tothe problem .
8 What Progress For Cameroon?On Legislation;- Cameroon’s bill on cyber crimes And Cybersecurity and also a draft bill on theprotection of ICT consumer is indicative of progress creating a safe cyberenvironment.- There is law no 2000/11of19 Dec.2000 on the protection of copyright and otherassociated rights which protects computer programmes in Cameroon- Law no. Of 27 May 2009 On identification of mobile telephone subscribers willamong other reasons fight against cyber threat , sabotage, and fraud.-Sensitization is being done by the academia, civil society, media, Camerooniansin the diaspora and other international and regional partnersOn Collaboration- There is the Yaounde protocol on common standards on the fight againstcybercrimes to fight impunity within the sub region -The protection of intellectual property, specifically computer programmes by theorganisation Of Africa intellectual property by the Bangui Charter is enough proofthat the regional is moving towards a positive side.Collaborative efforts with South Korea on a project to improve Internet securityare far underway. This will boost Internet security, electronic commerce, andelectronic banking in Cameroon and the Kigali protocol are indicative of a positivestep
RecommendationsTaking regulatory strategies closer to the rural areasIncreased emphases on voluntary safety measures for entreprises and individuals-Creating Awareness-Capacity building Of Human ResourceInternational cooperationTHANK YOU