Legal deficiency of cybercrime in nigeria need for urgent legal reform (chapter 1 & 2)

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CHAPTERISATION
CHAPTER ONE:
1.1 Introduction
1.2 Background to the Study
1.3 Statement of the Problem
1.4 Significance of the Study
1.5 Aims & Objectives
1.6 Research Questions
1.7 Research Methodology
1.8 Scope of the Study
1.9 Clarification of Concept
CHAPTER TWO – LITERATURE REVIEW
2.1 Introduction
2.2 Literature Review
2.3 History of Concepts
2.4 Conclusion
CHAPTER 3 – CONCEPT OF CYBERCRIME
3.0 Defining Cybercrime
3.1 Classification of Cybercrime
a. Offences Against The Confidentiality, Integrity And Availability Of Computer Data
And Systems (Computer As A Target)

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i. Physical Damage
ii. Illegal Access
iii. Illegal Data Acquisition
iv. Illegal Interception
v. Data Interference
vi. System Interference
vii. Virus Attacks
viii. Cyber Vandalism
b. Computer-Related Offences
i. Fraud and Computer-Related Fraud.
ii. Identity Theft
iii. Misuse of Devices
c. Computer As An Incidental Or Other Crime
d. Crime Associated With The Prevalence Of Computers
i. Copyright Violation
ii. Trademark Related Offences
3.2 Brief History Of Cybercrime
3.3 History Of Cybercrime In Nigeria (The Cybercrime Project)
3.4 Effects Of Cybercrime
A. Legal Effects
B. Economic Effects
C. Social Effects
D. Political Impact
3.3 Conclusion

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CHAPTER 4:LEGAL FRAMEWORKFOR COMBATTINGCYBERCRIME
IN NIGERIA
4.1 Introduction
4.2 Executive Framework
i. Nigerian Cybercrime Working Group (NCWG)
ii. Computer Crime Prosecution Unit, Federal Ministry Of Justice
iii. The National Information Technology Development Agency
iv. Law Enforcement Agencies
4.3 Legislative Framework
a. Substantive Legislative Framework
i. The 1999 Constitution of The Federal Republic of Nigeria
ii. The Criminal Code Act
iii. The Penal Code
iv. The Shari’ah Penal Code Law of Zamfara State
v. The Economic and Financial Commissions Act
vi. The Advance Fee Fraud Act
vii. The Money Laundering Act
viii. CORRUPT PRACTICES AND OTHER RELATED OFFENCES ACT, 2003
ix. The Investments and Securities Act, 2007
x. Nigerian Communication Commission Act
xi. Telecommunications and Postal Offences Act 1995.
xii. The United Nations Convention On Carriage Of Goods By Sea (Ratification
and Enforcement Act) 2005
xiii. Copyright Act
xiv. Child Rights Act

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b. Procedural Legislative Framework
i. The Evidence Act 2011
ii. The Criminal Procedure Act (CPA)
iii. Criminal Justice (Misc. Prov) Act
c. Regional International Legislative Framework
i. African Union
ii. The Commonwealth
iii. Economic Community of West African States (ECOWAS)
d. International Regulatory Framework
e. Conclusion
CHAPTER 5:LEGAL DEFICIENCIESIN COMBATTINGCYBERCRIMES
IN NIGERIA
5.1 Introduction
5.2 Lack of Central Policy
5.3 Cyber Security

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5.4 Electronically Generated/Digital Evidence
5.5 Human Rights
5.6 Procedural Issues
5.7 Jurisdiction
5.8 Global Cooperation
5.9 Conclusion
CHAPTER 6: CRITICAL REVIEW OF THE CURRENT LEGISLATIVE
ANALYSIS
6.1 Introduction
6.2 Prospective Laws on Cybercrime
i. The Cyber Security and Data Protection Agency Bill
ii. Computer Misuse Bill
iii. The Nigerian Computer Security and Protection Agency Bill, 2009
iv. Computer Security & Critical Information Infrastructure Protection Bill, 2005
v. Electronic Messages, Information and Commerce and its Admissibility in
Evidence Bill, 2004.
vi. The Electronic Fraud Prohibition Bill, 2008
vii. The Electronic Commerce (Provision of Legal Recognition) Bill, 2011
viii. The Electronic Transactions (Establishment) Bill, 2013.
ix. The Electronic Transfer Of Funds Crime Bill, 2011
x. National Identity Management Commission Bill, 2006

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6.3 Compatibility of The Cybercrime Bills.
6.4 Conclusion
CHAPTER 7: RECOMMENDATIONS& CONCLUSION
6.1 The Need for Legislative Review

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CHAPTER ONE
1.1 INTRODUCTION
Cyber Crime is one of the words frequently used by individuals in our contemporary Society.
To understand the true meaning of cybercrime, there is the need to understand the slit meaning of
Cyber and Crime. The term “Cyber” is a prefix used to describe an idea as part of the computer
and Information age and “Crime” can be described as any activity that contravenes legal procedure
mostly performed by individuals with a criminal motive. Cybercrimes are defined as: "Offences
that are committed against individuals or groups of individuals with a criminal motive to
intentionally harm the reputation of the victim or cause physical or mental harm to the victim
directly or indirectly, using modern telecommunication networks such as Internet (Chat rooms,
emails, notice boards and groups) and mobile phones” Halder & Jaishankar (2011). Such crimes
may threaten a nation’s security and financial health Saul (2007). Cyber crime can simply be
explained as crimes carried out with the aid of a computer system. The internet has offered a lot
of platform for useful research purposes; However, Cyber crime is a worldwide problem that's
costing countries billions of dollars. According to crime-research.org, as early as 2003 the United
States was already leading the world in percentage of cyber attacks at 35.4 percent, followed by
South Korea at 12.8 percent. Countries with high rates of computer piracy, such as Russia, have
reacted slowly to cyber crime. As a result, many hackers and other cyber criminals can flourish in
countries with few Internet crime laws while attacking richer countries through their computer
because it lacks rules and codes of a central authority which governs it as such internet has no
geographical demarcation as remarked by Guillane and Fortinet (2009).
In Nigeria, cyber-crimes are performed by people of all ages ranging from young to old, but
in most instances the young. Several youths engage in cyber-crime with the aim of emerging as
the best hacker, or as a profit making venture since the tools for hacking in our modern world has
become affordable by many. Mbaskei in his publication on “Cybercrimes: Effect on Youth
Development” noted that secret agents of the UPS (United Parcel Service) smashed a record scam

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with a face value of $2.1billion (about N252 billion) in Lagos. The interception was done within
three months. Some of the instruments uncovered by the UPS were documents like Wal – Mart
Money orders, Bank of America cheques, U.S postal service cheques and American Express
traveler’s cheques. This record scam is made possible as a result of the large number of young
people who now see Cybercrimes or internet fraud as a source of livelihood.
With a sharp increase in the use of Computers, internet and other electronic devices, over 55million
Nigerians are estimated to be internet users. The reason for this is dependent on so many factors
which include convenience and cost. Almost anything can be done on the internet including
Commercial transactions, social networking and easy access to information.
The Cyber World has brought a lot of convenience to people saving time, money and energy.
Although this is good, the Cyber world if unchecked also provides a high risk to human rights,
security and safety of lives and property.
Nigeria’s notoriety in cybercrimes worldwide is an open secret. There is hardly any crime
which is not perpetrated on the cyberspace by Nigerians.
There has been a sharp increase in cybercrime met by a sharp decrease in the need for
addressing this problem. There is no single Law legislating Cybercrime in Nigeria. The draft copy
of the Cybercrime Bill has been met by heavy criticism and has been amended over three times.
The Cybercrime Bill has also not been on the high priority list with other Bills such as The
Constitutional Amendment Bill and the Petroleum Industry Bill taking center stage.
While we wait for the outcome of the Cybercrime Bill, Law Enforcement Agents would have to
make do with the existing legal framework as the Economic and Financial Crimes Commission
has also experienced a few successes in prosecuting some aspects of cybercrime in Nigeria.
1.2 BACKGROUND OF STUDY

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Crime remains pervasive and forever strives to hide itself in the face of development. As measures
and techniques for detecting crimes and criminals advance, criminals also look for means of hiding
from these measures.
Obano (2007:17) asserts that the internet currently serves as a hiding place for fraudsters who have
simply migrated from the streets to an electronic platform.
Okonigini (2002:25) defines computer crime as criminal activities, involving information
technology infrastructure, including illegal access of computer data from or within a computer.
Similarly, Asokhia (2003:49) asserts that cybercrime, popularly called “YAHOO” is an off-shoot
of advance fee fraud which became popular in the early 90s. Today, it has produced “YAHOO” as
its first offspring with mostly young unemployed people (most especially the) as its practitioners.
Different nations have adopted different strategies to contend with crimes depending on their
nature and extent. Certainly, a nation with high incidence of crime cannot grow or develop. For
Nigeria, a nation in the process of saving her face regarding cybercrimes, efforts are now being
directed at the sources and channels through which cybercrimes are being perpetuated the most.
[Chiemeke (2008:32)].
Martins (2008:47) assert that “YAHOOISM” is an act of cybercrime that defrauds unsuspecting
victims in foreign countries of their hard-earned money. In some instance, the unsuspecting victim
is used to defraud banks, postal agencies, shops, etc. the yahoos (perpetrator) sends fake cheque
or postal money orders to victims in any of the following countries: Canada, United States of
America and other European countries or Asia as the case may be.
He further notes that when the cheques or money order are cashed, the victim is told to send the
money through Western Union Money transfer in Nigeria, while in other cases, the victim is told
to send the money to another country where the yahooist has built networks over time.
The mode of money collection is usually dependent on the modus operandi the yahooist uses. In
similar vein, Alemika (2007:15) notes that in Nigeria today, cyber crime has found its root in the
society. Like a cankerworm it has eaten deeply in the society and finally been accepted by the
same society.
Similarly, Martins (2008:43) notes that the paramount classification of yahooism as a branch of
cybercrime and transitional crime is not only expedient in understanding its mystery, but

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propounding a lasting solution when considering curbing the menace. Yahooism is the fastest
growing transnational crime in recent times, especially in Nigeria.
1.3 STATEMENTOF RESEARCHPROBLEM
Nigeria according to Wikipedia is said to be 7th largest oil producing country in the world, but
nevertheless, the majority of Nigerians are still living in poverty.
Nigeria is also rated amongst one of the most corrupt countries of the world.
Internet usage in Nigeria has grown rapidly resulting in the explosion of Internet Service Providers
(ISPS) and Internet Access Point creating an increase in the positive impacts on the socio-
economic and educational developments in the country.
Unfortunately, the country’s image has also suffered as a result of the unscripted activities of some
Nigerians using the internet as a channel for the perpetration of criminal spamming activities.
The major implication of the unconscious acceptance of this menace in the Nigerian society in the
nearest future has created a high level of disinterest in education and touting among young people.
In Nigeria today, young people mostly youths are the ones who engage in this form of anti-social
behaviour for the purpose of living a life of splendour.
In recent times Nigeria has been labelled as a corrupt nation. There is a need for the Nigerian
government to do something fast and urgent to curb this menace of cybercrime.
Akinsehinde (2011) argued that, over 80 per cent of businesses with online presence
in Nigeria are susceptible to cyber-attacks and the increasing spate of cyber-criminal
activities were threatening the Nigeria economy. He argued that, web portals and web based
applications of the Central Bank of Nigeria, Nigeria Stock Exchange, banks, pension fund
administrators and switching/electronic payment companies had been found to be vulnerable to
cyber-attacks due to inadequate security measures for safeguarding the platforms.
He lamented that, there are advanced countries with high Internet security measures,
yet their systems were hacked. He recalled that the Hong Kong Stock Exchange and
NZSDAQ servers were hacked via wed-facing applications. Based on his findings in Nigeria, most
businesses including the Central Bank of Nigeria, Nigeria Stock Exchange and banks are

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vulnerable to hacking and the need to create awareness as we go into a cashless economy by
adhering to international security standards.
Azazi (2011) set up a Committee on cybersecurity Legislation to access the Nigeria
cyberspace. In the report submitted to the office of the National Security Adviser (NSA), the
committee revealed the followings:
 Nigeria lacks the structures to handle any cyber-attack emergency, with the increase
in bomb attacks and growing threat of attacks through computer networks.
 There is no comprehensive assessment of the preparedness of the country in the event of
cyber-attacks.
 There is no focal point for coordinating cybersecurity in Nigeria.
 There are no structures to handle any emergency cases of cyber-attacks.
 The current legal framework is grossly inadequate for cybersecurity in Nigeria and
does not support a coordinated approach to developing a cybersecurity strategy.
The committee further revealed that, the challenges in developing a cybersecurity
framework to include lack of awareness and jurisdiction overlaps among existing law
enforcement agencies. Others are the absence of certification of critical national information
infrastructure and the absence of systematic capacity and capability building for law
enforcement agencies.
The committee recommended that the office of the National Security Adviser (NSA)
should initiate the amendment of the National Security Agencies Act, Cap N74 LFN 2004 to create
the Directorate of Cybersecurity; liaise with the Office of the Attorney General of the Federation
and Minister of Justice and work with legislators to ensure the passage of the
harmonised cybersecurity Bill.
Sorunke (2011) maintained that Nigeria at the cyberspace is under threats, with much
vulnerability, many loopholes in our system and with issues bothering on our payment
networks. He warned that, if urgent measures were not taken by businesses and government

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organisations deploying web-based platforms for their operations and with the increasing rate of
cyber insecurity in Nigeria; companies might soon be faced with high incidence of
hacking, leading to loss of data critical to a business life and revenue.
He maintained that, the high level of insecurity in the Nigeria’s cyberspace might
affect the cashless economy objective of the Central Bank of Nigeria. He noted that the
wanton defacing of some government websites such as the Niger Delta Development
Corporation (NDDC), Power Holding Company of Nigeria (PHCN), etc. by a group of
hackers known as NaijaHacktivists; in practical terms inform how vulnerable most Nigerian
organisations were in the cyberspace.
From the above, it is obvious that the Nigeria’s cyberspace is porous and has no form
of legal protection to regulate activities in Nigeria’s cyberspace. Therefore, the study
intends to look at the Nigeria approaches in combating the menace of cybercrime.
1.4 Significance of the Study
The importance of this study cannot be overemphasized. This study, which is primarily aimed at
probing the legal deficiencies of cybercrime in Nigeria accompanied with an urgent need for legal
reforms, will provide an insight into the problems associated with cybercrime.
It would be useful to the government and related stakeholders to enable them adequately
understand factors responsible for and how to curb the continued spread of cybercrime among
Nigerian youths [and the general public]. Similarly, this work will assist law enforcement agencies
in their bid to curb e-crimes in Nigeria.
The findings will be useful for researchers to further generate knowledge in the field.

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1.5 Aims & Objectives of the study
This paper aims to look at the Structure of Cybercrime in Nigeria, The current Framework for
combatting Cybercrime in Nigeria, proffer solutions to how Cybercrime can be tackled within the
current framework and whether or not the current framework is adequate to tackle cybercrime in
Nigeria. It also aims to critically analyze the current legislative review and proffer long lasting
solutions on how Cybercrime can be tackled with emphasis on the need for legislative review of
the procedural laws in tackling Cybercrime in Nigeria.
The general objective is to highlight the nature of cybercrime and the threat they pose
to the effective operations and service in the Nigeria cyberspace.
The specific objectives are as follows:
 To highlight the reasons, implications and the approaches adopted by the Nigerian
government in combating cybercrime and its criminal in the society.
 To provide an aid in formulating appropriate legal and regulation framework for cyber law
and ensuring cybersecurity in Nigeria.
1.6 Research Questions
The Scope of Cybercrimes and its effects have generated questions to determine and grounds to
probe the very essence of this menace.
Some of the questions this study will consider are:
 What is the perception of Law Enforcement agencies and existing Legal and technical
framework to counter the menace of cybercrimes in a developing country like Nigeria?
 What is the attitude and response of the Judiciary in the face of new trends of cybercrimes
such credit card fraud, phishing, hacking, virus dissemination, cyber piracy and cyber
plagiarism?
 How to proffer solutions to the inadequacies of existing enabling laws?

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 What are the ways Federal Government can curb the continued spread of cybercrime
among Nigerian youth and the general public?
 Is the internet used as a channel for the perpetration of criminal spamming activities?
1.7 Methodology
In order to ensure that this study achieves its aims and objectives, the doctrinal research method is
largely used in the collection of data needed for the research of this work. The research will
combine both primary and secondary sources of materials. The relevant statutes and case laws will
be consulted to assist in this research work.
The nature of the work also demands that much reliance will be placed on internet materials,
textbooks, journals and articles written in the area will also be used.
1.8 Scope of Research
The contribution of the Internet to the development of the nation has been marred by cybercrime
activities.
Cybercrime is emerging as a very concrete threat, not only in Nigeria but the globe at large. This
study is concerned about the Nigeria approach in combating the menace of cybercrime.
Being a law-related study, existing works on the subject matter are mostly sourced through the
internet, as there are few texts providing a guiding light on this discourse.

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1.9 Clarification of Concept
o Cyber: The use of computers, information systems or the internet by the Nigerian youths.
o Crime: The display of illegal act characterized by decent, contentment or violation of trust
of the youths.
o Youth: It is when a young person is young especially the time before a child becomes an
adult.

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CHAPTER TWO
LITERATURE REVIEW AND HISTORY OF CONCEPTS
2.1 INTRODUCTION
This chapter examines the views and opinions of writers on the subject matter. A further milestone
will be reached at the history of the concept; criticisms on the works of some writers and at the
end achieve a better understanding of the concepts.
2.2 LITERATURE REVIEW OF THE CONCEPTS
“Ever since creation’s peaceful dawn was startled by the death cry of the murdered Abel and
Jehovah placed his mark upon Cain and set him forth a ‘fugitive and a vagabond,’ cursed from the
earth that had opened its mouth to receive his brother’s blood from his hand, there has been a
never-ending conflict between those who make the laws and those who break them. (1926)”1
Cybercrime is one of the words frequently used by individuals in our contemporary society. To
understand the meaning of cybercrimes there is need to understand the slit meaning of "Cyber"
and "Crime". The term "Cyber" is a prefix used to describe an idea as part of the computer and
information age.2 On the other hand, "Crime" can be defined as any activity that contravenes
legal procedure mostly preferred by individuals with a criminal motive.3 It is therefore pertinent
1 Quotation by Guy H. Thompson, reproduced by F. Gregory Lastowka and Dan Hunter, “Virtual Crime”,
New York Law School Review. July 2004, also available at http://ssrn.com/abstract=564801
2 Anah B.H, "Cybercrimes" in Nigeria: causes,effects and the way out; AREN journal of science and Technology
Vol2. NO.7. August 2012 P.626
3 Ibid

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to point out that this definition of crime by Anah is more focused on having a criminal motive
before a crime can reassure. This is a subjective definition as one may be deemed or seen to have
committed a crime in different jurisdictions even when he has not intended it or even had any
criminal motive. For instance, in some countries which practice gay marriage, it is deemed a crime
where an individual fails to acknowledge this and could be punished on grounds of discrimination.4
Crime we are told is today a salient tact, an integral part of the risks we face in everyday life. In
both scholarly and public opinion, crime is associated with harm and violence. However, we lack
agreement on the most basic question "what is crime". The term crime does not in modern criminal
law have any simple and universally accepted definition5, though statutory definitions have been
provided for certain purposes6. The most popular view is that crime is a gateway created by law,
that is something is a crime if applicable Law says it is. One proposed definition is that a crime,
also called an offence or a criminal offence is an act harmful not only to some individuals, but also
to the community or the state (public wrong). For me, the most acceptable definition of a Crime is
that "Crime is an act that the law makes punishable”.7 This is because any act which has not been
condemned by any law or recognized by any act as wrong cannot be seen or called a crime.
Borrowing a leaf from the foregoing therefore, Cybercrime has not been defined severally by
various writers. This would be discussed having understood the split meaning of "Cyber" and
"Crime". Cybercrime has been defined as “a criminal offence on the web, a criminal offence
regarding the internet, a violation of law on the internet, an illegality committed with regard to the
4 See countries like USA
5 Farmer L., "crime definitions" in Cane and Conoghan (editors). The New Oxford Companion to Law, Oxford
University Press 2008, P.263
6 Such definitions as provided by Section 243 (2) of the Trade Union and Labour Relations (Consolidated) Act 1992
and by the schedule to the Prevention of Crimes Act 1871
7 Garner, B.A., Black’s Law Dictionary 9th Ed., West Publishing Co. USA, 2009, P.427

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internet etc”.8 According to Summer9, there is no generally acceptable or generally agreed
definition of Cybercrime and this lack directly impacts assessments of extent. The Council of
Europe Cybercrime Convention10 also known as the Treaty of Budapest covers in Articles 2-6 as
“substantive offences”, “illegal access”, and “misuse of devices”, “system interference”, “data
interference”, and “illegal interception”. It adds as Computer-related offences, “computer-related
forgery”11 , and “computer-related fraud”12 . Cybercrime has also been defined as including
“unauthorized acts with the intent to impair, or with recklessness as to impairing, operation of
computer, etc”.13 This definition is acceptable only within the jurisdiction in which the law was
made.
Cybercrime encompasses any criminal activity or act dealing with computers and networks (called
hacking). Additionally, it also includes traditional crimes conducted through the internet for
example; hate crimes, internet fraud, identity theft, and credit card account thefts.14
Okwunma opines that Cybercrime should not be attributed to just the use of computers to commit
crime, cybercrime is cloud crime. Most of the cybercrimes are being committed with the aid of the
internet and therefore, cybercrime should be defined as illegal activities committed through the
use of computer and internet.15
Dictionary.com defines Cybercrime as criminal activity or a crime that involves the internet, a
computer system or computer technology; identity theft, phishing and other kinds of Cybercrime.16
8 www.thefreedictionary.com assessed May 30, 2014
9 www.publications.parliament.uk/pa/cm201012/cmsctech/imtev/mal01.htm. Assessed May 31, 2014
10 http://conventions.coe.int/Treaty/en/Treaties/Html/185.htm. It dates from 2001 and came into force in 2004
and was ratified by the UK in 2011.
11 Article 7 of the Council of Europe Cybercrime Convention
12 Article 8, The Council of Europe Cybercrime Convention
13 Section 3 Uk Computer Misuse Act, 1990
14 www.webopedia.com/term/c/cyber_crime.html Assessed 31/5/2014
15 Okunma E.N., “Criticism: 2011 Cybercrime Bill”, Telecommunications Engineering Project, University of
Witwatersrand Johannesburg South Africa 2013
16 http://dictionary.reference.com/browse/cybercrime

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Cybercrime is a term for any illegal activity that uses a computer as its primary means of
commission.17 These broad definitions offer little insight into the nature of the conduct that falls
within the umbrella term. The issue is further complicated by the fact that cybercrime is a social
label and not an established term within criminal law.
There has been confusion on the criteria used to determine the term Cybercrimes or computer
crimes.18 Some argued that, it is any crime that involves the use of computer, while some others
argued that it is a crime in the presence of a computer.19 However, some have criticized the
categorization of cybercrime. Gotternbarn argued that, there is nothing special on the crimes that
happen to involve computers. Is it possible for a crime being categorized in accordance to a tool,
equipment, mechanism or means through which it was committed? If that’s so, how many
categories of crime would be there? How about the crime committed through using a television,
automobiles, scalpels, scissors and other tools, can we categorize each of them as individual
crimes?20 Gotternbarn concludes that crimes involving computers are not necessarily issues in
computer ethics.
in arguing against Gotternbarn, it is true that we may not categorize other crimes in accordance to
tools, equipment, mechanism or means through which they were committed. However, due to the
nature and features of cybercrimes21 which differentiates the traditional universe and the cyber
universe, it made the traditional universe tremble like an earthquake and makes crimes difficult to
17 Esharenana, E., Igun S.E, Combating Cybercrime in Nigeria, Electronic library, vol 26, Emerald Group
Publishing Ltd, 2008, Delta, P. 717
18 Herman, T.T, Ethics and Technology, Ethical Issue in an Age of Information and Communication
Technology, 2nd Edition, John Wiley & sons Inc, 2007, USA, P.202
19 Ibid
20 ibid
21 ubiquity, global reach, universal standards,information reachness,interactivity, information density,
personalization, customization a nd social technology.As a result of these features, it achieves unprecedented
reach and makes available vast amounts of information of varying degrees of quality. Internet users cannot be
regarded as a homogenous group.

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control than they were before. This initiates the concept of these crimes being necessary to be
categorized as cybercrimes.22
Forester and Morrison argued that cybercrime is a criminal act in which a computer is used as a
principal tool. In that matter, the theft of computer hardware device, would not qualify as a
computer crime.23 Is it true that by using a computer as the principal to commit a crime, it will
amount to cybercrime? For instance in taxable transactions, in the case of data entry, can’t a person
commit fraud just by filling the wrong data into hardcopy version of tax forms which are the same
available in electronic forms? Therefore, their Argument holds no water as it is fallacious.
Girasa in 2002 argued that Cybercrime is a generic term covering the multiplicity of crimes found
in penal codes or in legislations having use of computers as a centre component. To him,
Cybercrime is a crime as long as the penal codes and any other legislation clearly stipulate it as
involving not only the use of computers but the use of computers as the centre component.24
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 broken
into two categories and defined thus:25
1. Cybercrime in a narrow sense: Any illegal behaviour directed by means of electronic
operations that targets the security of computer systems and the data processed by them.26
2. Cybercrime in a broader sense (computer-related crime): Any illegal behaviour
committed by means of, or in relation to a computer system or network, including such
22 Ashery M., “Introduction to Cybercrime: Security, Prevention and Detection of Cybercrime in Tanzania”, LL.M-
ICT law (thesis) 2013 Tumaini University Iringa College
23 Ibid P.203
24 Girasa, R.J., Cyber Law: National and International Perspectives, Prentice Hall Publishers, 1st Ed, New
Jersey, 2001
25 Talwant S., District & sessions Judge,Cyber Law & Technology, Delhi- India
26 Tenth United Nations Congress on the Prevention of Crime and Treatment of Offenders, Vienna A/CONF.187/10,
10-17 April 2000, P.4

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crimes as illegal possession and offering or distributing information by means of a
computer system or network.27
Even though this definition is not completely definitive, however, it gives us a good starting
point, for determining just what cybercrime means, by incorporating computer crime and
computer-related crime. Computer crime has two elements, “Computer” and “Crime”. Therefore,
it involves a crime in a relationship with a computer.28 The relationship could involve the direct
usage of a computer by the criminal as one of the first famous computer criminals did. However,
the relationship can also be indirect, the criminal cannot only use a computer to commit his
crime but can also use someone to make changes in a computer system by manipulating a key
computer user.29 Thus, one being the exploitation of weakness in the technical IT
infrastructure30, and the other being exploitation of trust in social fabric of IT users31 within the
organization
2.3 HISTORY OF CONCEPTS
The early computers like Electronic Numeric Integrator and Computer (ENIAC), Binary
Automatic Computer (BINAC), Universal Automatic Computer (UNIAC), and other Punch Card
Tabulation Machines had some inherent security advantages. They were stand-alone systems, huge
and very expensive and besides, not many people knew what a computer really was. Commercial
computers like Programmed Data Processor (PDP-1) got introduced around the 1960s with a
business model of renting out the machine to companies and individuals on a time sharing basis.
This made the data and programs stored in it vulnerable, and thus, the first doors to hacking were
opened. The first hackers group came from Massachusetts Institute of Technology (MIT) in 1961,
shortly after MIT got its first PDP-1.32 During the 1970s, while computers were slowly getting
introduced, the telephone system was already well established. There was a curious group of
27 Ibid
28 Magim C.J, “The 2001 Council of Europe Convention on Cybercrime: An efficient tool to fight Crime in
Cyberspace? A paper submitted for LLM at Santa Clara University in 2001
29 Ibid
30 United States V Morris (1991 The accused invaded the security systemthrough a worm as to measure the
weakness of MIT which in turn prevented the use of Federal interest computers, thereby causing loss.He was held
guilty.
31 See S V. Douvenga case no 111/150/2003, dated 2003/08/19 Northern Transvaal Regional Division 93 Cr APPR
32 Debra L.S, “Scene of the Cybercrime; Computer Forensics Handbook”
http://www.syngress.com/catalog/?pid.2250 Assessed 31/5/2014

22
people, known as Phreaks who thrived by the idea of breaking it. One of the first known Phreaks
was Nelson from MIT who wrote softwares to generate tones that helped access the phone
company’s long distance service and make free calls. The Phreaks created a blue box device that
was programmed to generate a 2600-hertz signal, allowing them to do nasty things such as stalking
a trunk line, and kicking off the operator line that enabled making free long distance calls. Steve
Wozniak and Steve Jobs (founders of Apple Computer) were known to be involved in the early
production and distribution of similar devices. With the introduction of Altair 8800, the first
affordable PC in the 1970s it became possible for individuals to own computers and learn to
program. This learning was soon followed with a thirst for full fledged hacking by some
individuals. Simultaneously, the emergence of other computers like the Radio Shack’s TRS-80
and the IBM PC brought more powerful computing to people who were eager to find new ways to
exploit the system’s capabilities. Today’s networking technology has improved tremendously, and
gone beyond the mainframe model with new concepts such as peer to peer communication
standards like internet enabled vendors to create compatible products that link computers easily
and inexpensively. Unfortunately, these open standards also made it easier for the hackers to break
into systems by reverse engineering the widely available protocol.
As computers became cheaper and started getting mainstream, efforts were made for seamless
interaction between them. ARPA Net was one such effort and during its design, security was not
in issue to research scientists as they thought that the small number of nodes on the network limited
the scope of the threat posed by security branches. However, in 1988, Robert T. Morris, a
graduate student at Cornell University launched a self-replicating worm on the government’s
ARPA Net to test its effect on UNIX systems. The worm spread all across the United States and
infected thousands of networked computers, clogged government and university systems and
brought the internet to a standstill.33 This was the wakeup call to internet users who realized that
some amidst them haboured malicious intent.
In the early 1990s, as internet access became commercially available at an affordable price, the
number of attacks also increase and cybercrime was now crossing international boundaries.
Among the first Cyber-espionage case to make international headlines were hackers in West
Germany who were arrested for breaking into US Government and corporate computers, and
selling operating system source code to the Soviet KGB. In another event, Russian Cracker
33 United States V. Morris Supra

23
Vladimir Levin, siphoned $10million from Citibank and transferred the money to banks accounts
around the world.34 Banks and other financial institutions were amongst the first large scale
computer users in the private sector35, for automatic payroll and accounting functions. Therefore,
fraud in a computer scheme emerged.
However, as technology advanced, the number of cybercrime cases increased. Several individuals
were engaged in the fight against computer crime from the early development. The founder and
father of the knowledge of computer crimes are by many observers considered to be Donn B.
Parker, USA. He was involved in the research of computer crime and security from the early 1970s.
He served as a Senior Computer consultant at the Stanford Research Institute (SRI) International
and was the main author of the first basic Federal manual for law enforcement in USA.36 This
manual also became soon an encyclopedia also for law enforcement outside US.37
Furthermore, in the late 1990, Hackers pierced security in Microsoft’s Windows operating system
to illustrate its weaknesses. Trojan horse virus was released in 1998 by hacking group called “Cult
of the Dead Cow” which on a machine running windows 95 or windows 98, allowed unauthorized
remote access of the machine. An example of which was the attack on the Federal Bureau of
Labour Statistics in 1998, which was inundated for days with hundreds of thousands of fake
information requests. The website was brought down that frustrated the economists and investors
as they depended on it to retrieve the latest economic data.
The worms and viruses released in the twenty first century posses a higher impact in terms of
financial damage and loss of productivity. An example is the “Love letter” worm that caught on in
May 2000 caused companies $960million in clean-up costs.38
2.4 CONCLUSION
“Ever since men began to modify their lives by using technology, they have found themselves in
34 http://www.thocp.net/reference/hacking/hacking.htm Assessed 30/5/2014
35 Lloyd I.J., Information Technology Law, Oxford University press,6th Ed, London, 2011, p. 90
36 Computer Crime - Criminal Justice Resource Manual 1979. This manual became an encyclopedia also for law
enforcement outside US
37 See an overview of his archies, www.cybercrimelaw.nnet His first book on the subject was: “computer Crime”
(1976)
38 Lessons of “Love” Virus still sinking in
http://news.com.com/lessons+of+love+virus+still+sinking+in/2100_ 1001_3-257095-html Assessed 31/5/2014

24
a series of technological traps”.39 It is obviously established that a discourse on the concept
Cybercrime is indeed not an easy task as there are conflicting ideas on what it is. But a clear
understanding of it has been established in this chapter.
39 Vakul S., Information Technology Law and Practice, 3rd Edition, Universal Law Publishing Co. Ltd, New
Delhi, 2011, P.30

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