INFORMATION AND COMMUNICATIONS UNIVERSITY

SCHOOL OF ENGINEERING

Cyber Law

An assignment submitted in partial fulfillment of the requirements for the BSc Degree in Network Technology

Assignment No. 1

Student details

Name: Silwizya Calvin Swatulani

Student #: 1312174199

Lecturer’s Name:

Year: 2015

QUESTION 1 (a)

Zambia is taking steps to respond to rising cyber crime, which is now among the world’s fastest growing crimes. Cyber evildoing involves use of the computer networks to harm the reputation of individuals or organisations and includes copyright infringement, fraud, hacking, account thefts, identify thefts, computer viruses and unsolicited mail, commonly referred to as spam. Using modern telecommunication networks such as emails, chat rooms and social networks, cybercrime has threatened world’s security and financial health.

Zambia has faced a lot of challenges in combating cyber crime. According to IT Web Africa journal “Cyber Crime Worries Zambian Police” The Zambia police cyber unit detective inspector, said that in addition to inadequate equipment to fight cyber crime, most Zambians are not reporting incidents to the law enforcement agencies either.Zambia's banking sector has been particularly hard hit by cyber crime in the midst of reports detailing the theft of millions of dollars of customers' money from banks and Automated Teller Machines (ATMs).Zambia's police blame the rising cases of cyber crime on foreigners who they accuse of being behind the theft of customers money from banks and the training of Zambians on cybercrime.The most common types of cyber crime are in Zambia are:

  • Software piracy: Perhaps the most common for Zambians is how many movies, music and videos are downloaded from illegal sites as torrents without proper permission from the copyright owner of the production. It also includes the use of computer software programs that may have been ‘cracked’ and put on another computer, or shared with others.
  • Web jacking: This is where hackers get to manipulate and hack into a website with access to the rights of that server. They are able to control the website and most of the time the website owner has to shut it down or create a new one. Some hackers may even ask for money, like a ransom for the site, from the owner.
  • Spamming and jack bombing: This is when emails come to you with links indicating that you have won something or urging you to follow another link. These may affect your computer by installing malware and viruses on it, or hackers may be able to access your private information such as credit card and/or bank account information and use it to make transactions without your knowledge, until you start getting the bill.
  • Phishing:Phishing is the process of obtaining personal information from people by tricking them into thinking they are providing this information to a legitimate party such as their bank or employer, when in actual sense this information is being received by criminals.
  • Online Identity Theft:If a hacker manages to get your details, either by jacking or spamming you, they can pretend to be you especially in online transactions and may lead to financial fraud which you may be answerable to. It applies to social media as well. They may hack into your account and pretend to be ‘you’, which could be disastrous. Make sure you change online passwords every so often to avoid being hacked.
  • Hacking: This is basically where most cyber crime starts. A hacker will get all your details by breaking through internet security firewalls and access your information. The most recent case in Zambia was a blind hacker who managed to intercept the Airtel Zambia server to access airtime.
  • Pornography sharing: Perhaps one of the latest fads in Zambia is how many sex-tapes are making rounds these days or just obscene illegal material in general.

With the cyber crimes in Zambia, it is a relief that ZICTA (Zambia Information and Communications Technology Authority) and ZP (Zambia Police) have come together and launched the first cyber crime fighting lab based at the police headquarters in Lusaka. A number of police staff have been trained on how to monitor and respond to any suspected cyber crime on the internet space in Zambia through this lab. Zambia Inspector General of Police, said that this will help the police enhance investigations into high-tech crimes which will eventually result in reduced cyber crimes in Zambia.

Cyber crime is estimated to cause losses of more than US$105 billion worldwide every year. In 2010 alone, at least 280 million web attacks were committed on individuals and organisations, an increase of about 93 percent compared to the previous year, according to a report by the Global Cyber Security Agenda. This trend is expected to continue in 2012, and Africa including Zambia is set to face new and increased attacks due to a rise in Internet accessibility.

To meet these challenges, Zambia is strengthening their legal frameworks to fight cyber crimes and ensure that citizens safely conduct their transactions on the Internet. The urgency is necessitated by the fact that government is in transition to “paperless” operations, which involve the use of the Internet and computers. All the 15 SADC countries either have or are crafting cyber crime legislation to curb computer-related crimes. A recent SADC meeting on the harmonised cyber security legal framework held in Gaborone, Botswana heard that four countries already have cyber crimes laws. These are Botswana, Mauritius, South Africa and Zambia. The other 11 member states are either developing cyber crime legislations or have started national consultations on the matter. Speaking at the meeting, Botswana’s Transport and Communications Minister, Nonofo Molefhi urged the region to continue working together to curb cyber crime. He said access to information and knowledge through Information Communication Technologies (ICTs) is necessary for the achievement of the Millennium Development Goals (MDGs) since ICTs have the capacity to improve the living standards of SADC citizens.

However, the same advancements in ICTs could pose serious challenges, particularly for developing countries like Zambia that have relatively low expertise in dealing with challenges such as cyber crime. “As the world is fast becoming one big digital globe, cyber security threatens to undermine this envisaged man-made wonder that promises to simplify life in a way too complex to imagine,” one way to address the challenge is for Zambia to harmonise its cyber-related laws since cyber crime does not recognise geographical borders. The proposed harmonised Cyber Security Legal Framework would assist the region to collectively tackle the challenges associated to cyber crime,

Question 1 (b)

In consideration with the United Nations charter on cyber crime Zambia has a nation has extensive challenges which are required to be attended to and find solutions to combat cyber crime. The General Assembly resolution 65/230 requestedthe intergovernmental expert group toconduct a comprehensive study of the problem of cybercrime with a view to examiningoptions to strengthen existing and to proposenew national and international legal or other responses to cybercrime.

The Zambian charter on cyber crime should be able to create offences and impose penalties which have a bearing on cybercrime; tofurther regulate jurisdiction of the courts; to further regulate the powers toinvestigate, search and access or seize; to further regulate aspects ofinternational cooperation in respect of the investigation of cybercrime; to providefor the establishment of a 24/7 Point of Contact; to provide for the establishmentof various structures to deal with cyber security; to regulate the identification and

declaration of National Critical Information Infrastructures and measures toprotect National Critical Information Infrastructures; to further regulate aspectsrelating to evidence; to impose obligations on electronic communications serviceproviders regarding aspects which may impact on cyber security; to provide that the government may enter into agreements with foreign States to promote cybersecurity; to delete and amend certain provisions of certain laws; and to providefor matters connected therewith.

Zambia has acknowledged the need forlegislation of the use of cyberspace and this wasbrought to the fore with heavy lobbying by thebanking sector with help of Computer Societyleading to a Cyber security law the computermisuse act that was passed in 2004. “However,critics are concerned that the law, if adopted,could be used to curb access to the internet.

The computer miss use act of 2004 states that’s unauthorized access to computer program or data, access with intent to commit or facilitate commission ofoffence or unauthorised modification of computer program or data is deemed as offences which when convicted a defendant may serve a sentence.

The following are some of the offences stated:

  • Unauthorised use or interception of computer service
  • Unauthorised obstruction of use of computer
  • Unauthorised disclosure of access code
  • Enhanced punishment for offences involving protected computers
  • Unauthorised receiving or giving access to computer program or data
  • Causing a computer to cease to function
  • Omission to introduce, record or store data
  • Offences by body corporate

This category includes the following offenses; using the Internet or an information technology device in order to disable, disrupt, destroy, wipe out, delete, damage, or modify programs, data or information on the Internet or an information technology, illegal login to an Internet website in order to change, delete, destroy, or modify its design or take over its address and illegal accesses a website or system, directly or through the Internet or an information technology device, for the purpose of obtaining, deleting, damaging, destroying or disclosing Government data or information that is confidential in nature or confidential pursuant to directives.

The use of Internet or an information technology device to threaten or blackmailothers to act or omitting to act, using Internet or aninformation technology device to appropriate for himself or othersmoveable property or procures a deed or signature upon deed, usingdeception, a false name or impersonation with intent to defraud the victim, arranging, sending or storing with intent ofusing, circulating or offering, through the Internet or an informationtechnology device, information that is contrary to public morals or

operates a venue for such purpose, inciting luring orassisting a male or female into committing an act of prostitution orfornication by means of the Internet or an information technology device, setting up awebsite or publishinginformation on the Internet or an information technology devicefor the purpose of conducting or facilitating human trafficking, setting up a website or publishing information onthe internet or an information technology device for the purposeof selling or facilitating the trade ofnarcotics and mind altering substances, setting up a website or publishinginformation on the Internet or an information technology device fora group engaged in facilitating and promoting programs and ideas

contrary to public order and morals, and setting up awebsite or publishing information on the Internet or an informationtechnology device for a terrorist group using pseudonyms to facilitatecontact with its leaders or members, promote its ideas, Providingfinancial support to such groups or publishingknowledge related tothe manufacture of incendiary, explosive and other devices used interroristactivities.

The Act identifies three specific offenses, which are:

First; Unauthorised access to computer material

It is the unauthorised causing a computer to perform anyfunction with intent to secure access to any program, or data heldin any computer, or to enable any such access to be secured. This offense include different kinds of conducts such as, usinganother person’s identifier (ID) and password without properauthority in order to use data or a program, or to alter, delete, copyor move a program or data.

Second; Unauthorised access with intent to commit or facilitatecommission of further offenses

It is the same as first offense, but it is committed withintent, or to facilitate the commission of such an offense (whetherby himself or by any other person); and a person may be guilty ofan offense under this section even though the facts are such thatthe commission of the further offense is impossible.

This would include: gaining access to financial or administrativerecords, but intent would have to be proved.

Third; Unauthorised modification of computer material

It is an unauthorized act with intent to impair or withrecklessness as to impairing, operation of computer, etc. when aperson does any unauthorised act in relation to a computer, at thetime when he knows that it is unauthorised. This would include:

  • destroying another user’s files;
  • modifying system files; creation of a virus
  • introduction of a local virus
  • introduction of a networkedvirus
  • changing examination results
  • Deliberately generatinginformation to cause a complete system malfunction.

In general, one of the greatest concerns in“connected” societies is security ofinformation passingthrough networks andsystems such as computers, financialtransactions, health records etc. As Zambiaembraces ICTs, more security concerns andabuse shall arise if no counter measures areput in place.

The government through the FNDP recognizes and advocates for the use of ICT’s fordevelopment as evidenced in the plan forcomputerisation of the Information Servicesthrough wide area networks and use ofManagement Information systems and again inPublic Safety and Order on “computerisation” ofcrime prevention looks at the use of ICT databasetechnologies to accurately record crime.

Bibliography

  • "Cyber Crime Worries Zambian Police - Itweb Africa". Itwebafrica.com. N.p., 2016. Web. 19 May 2016.
  • "ZICTA Installs First Cyber Crime Fighting Lab At ZP Headquarters - Techtrends Zambia". TechTrends Zambia. N.p., 2014. Web. 19 May 2016.
  • N.p., 2016. Web. 19 May 2016.
  • "Cyber Law and Cyber Security In Developing And Emerging Economies". E-elgar.com. N.p., 2016. Web. 19 May
  • "Global Cyberspace Is Safer Than You Think: Real Trends In Cybercrime". Cigionline.org. N.p., 2015. Web. 19 May 2016.