Cybercrime Bill-tanzania Stakeholder 2013

8/12/2019 Cybercrime Bill-tanzania Stakeholder 2013

1/18

International

TelecommunicationUnion

HIPSSA Project

Support for Harmonization of the ICT Policiesin Sub-Sahara Africa


2/18

Computer crimes

Introduction:

Cybercrime is the fastest growing crime in the world withmillions of people affected every day. The effects of onesuccessful attack on a country or corporation can have far-

reaching implications, including threat to countryssecurity andeconomy to financial losses at the corporate level, stock lossesand money lost for consumers or stock holders.

Laws have been swiftly put into place to halt these types of

attacks, but criminals find haven in countries with laxcybercrime laws.

2


3/18

International Standards

International Conventions and Treaties on

Cybercrime:

Criminalize Crimes related to computers andthe Internet [Cybercrime]

Provisions for investigating cyber crime

International legal cooperation

Protection of human rights and liberties

3


4/18

Domestic Laws

Domestic laws:

Establish cyber crime offenses

Enable successful investigation andprosecution

Provide for Procedural laws

Improve international legal cooperation

4


5/18

Computer Crimes Bill: SilentFeatures

Offences against the confidentiality,integrity and availability of computerdata and systems, that is:

offences against computer data andsystems, including illegal access,

illegal interception, data andsystem interference, misuse ofdevices.

5


6/18

Silent Features

Offences committed by means of computer systems. Thislist is limited to those old forms of crime that obtain anew quality through the use of computers, that is:

computer-related forgery and fraud, childpornography and offences related to infringements of

Intellectual Property Rights on a commercial scale.

An additional set of crimes covers the criminalization ofacts of a racist and xenophobic nature committed

through computer systems

6


7/18

Computer crimes

Cybercrimes:Offenses against computer data and

systems

Offenses related to computers and theInternet

Content-related offenses

Intellectual property offenses

Ancillary liability and sanctions

7


8/18

Investigation of Computer Crimes

What evidence does using computers, cell phones,and the Internet create?

Copies (Content Data)

Logs (Traffic Data)

Metadata (Traffic Data)

Where is this evidence located?

In the file

On the device

With the service provider

8


9/18

Computer Data Storage

Short termRAM

Cache

Long term

Hard drives

Backups

9


10/18

Short Term Data StorageRAM (Random Access Memory)

Where the magic happens

Only exists when the device is on

SWAP File

Not enough RAM on most computers

Write some data to the hard drive in temporary data filesOften still there when the computer turns back on

Cache

Temporary local storage of data

Often in temporary folders in long term data storage devices

May still be there after computer restarts Temporary Internet Files

Local backups

10


11/18

Long Term Data Storage

On the computerUsually hard drives, sometimes flash

Content data in files

Some metadataTable of contents

Shows where the data is

Deletes only from contents unlessoverwritten

11

12


12/18

Long Term Data Storage

BackupsOn variety of media

oTape

oDVD

oCD

oRemote server (backup service, email, dropbox)

oFloppy disks

oThumb drives

Often off site

12

13


13/18

Data Files Content Data

Most files have timestamps and author information

Similar to traffic data

Some files, such as documents and pictures, may have more detailedinformation about the file (metadata),

Authors name

Authors company

Computer name

Where the file was created (or picture was taken)

When the file was created and changed

Name of the network server where the file was saved

Revisions

Previous versions

Hidden text/objects

Comments

Other file properties and summary information

13

14


14/18

Law Enforcement

Challenges to law enforcement:

Identifying the perpetrator andextent of the crime

Volatility of electronic data

Need for fast and confidential

investigationsNeed for successful prosecutions

14

15


15/18

Tanzania Case Law

Trust Bank Ltd. v. Le-marshEnterprises Ltd., Joseph Mbui Magari,

Lawrence Macharia[The High Court of United Republic of Tanzania (Commercial

Division) at Dar es Salaam Commercial case No.4 of 2000(Unreported)]

15

16


16/18

Love Bug VirusOnel de Guzman (a former computer science student) wasidentified as the person responsible for creating and disseminating

the 'love bug' virus. However, Philippine law did not criminalizehacking or the distribution of viruses. The Philippine officialsstruggled with the question of how to prosecute De Guzman. Theyfinally charged him with theft and credit card fraud but the chargeswere dismissed.

De Guzman could not be extradited for prosecution in othercountries such as the US (which has cybercrime laws) because theconduct attributed to De Guzman was not a crime in thePhilippines. Extradition treaties require 'double criminality', namelythe act for which a person is extradited must be a crime in both

the extraditing country and the country seeking the extradition. DeGuzman could not be charged for disseminating the 'love bug'virus. No one was prosecuted for the 'love bug' virus.

16

17


17/18

Case Law-Jurisdiction

Director of Public Prosecution v Sutcliffe an Australian citizen,Brian Sutcliffe, was accused of stalking a Canadian actress who livedin Toronto. The charges were based on Sutcliffe's having telephonedthe victim and written to her repeatedly over several years. TheAustralian prosecutor charged Sutcliffe with stalking but themagistrate dismissed the charges.

The magistrate found that she lacked jurisdiction to adjudicate thematter because the crime of stalking occurred in Canada, where thevictim was located. However, the Supreme Court of Victoria reversedthe decision. The Court found that Sutcliffe was a resident of

Australia and had committed all of the ingredients of the crime"save for the harmful effect" in Australia. Therefore, it was held thathis conduct and presence in Australia established a "sufficientconnection" to allow the court to exercise jurisdiction over theproceedings.

17

18


18/18

18

Asante

Saidi M. KalundeITU LOCAL EXPERT

[email protected]

Union Internationale des TlcommunicationsInternational Telecommunication Union

Documents

Cybercrime Bill-tanzania Stakeholder 2013