EXPLAINED: What you must know about Cybercrimes prohibition, prevention act

Explanatory Memorandum

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. This act also ensures the protection of critical national information infrastructure, and promotes cybersecurity and the protection of computer systems and networks, electronic communications, data and computer programs, intellectual property and privacy rights.

CYBERCRIMES (PROHIBITION, PREVENTION, ETC) ACT, 2015

Arrangement of Sections Section: PART I-OBJECT AND APPLICATION

1. Objectives.

2. Application.

PART II – PROTECTION OF CRITICAL NATIONAL INFORMATION INFRASTRUCTURE

3. Designation of certain computer systems or networks as critical national information infrastructure.

4. Audit and Inspection of critical national information infrastructure.

PART III – OFFENCES AND PENALTIES

5. Offences against critical national information infrastructure.

6. Unlawful access to a computer.

7. Registration of cybercafé.

8. System interference.

9. Interception of electronic messages, email, electronic money transfers.

10. Tampering with critical infrastructure.

11. Willful misdirection of electronic messages.

12. Unlawful interceptions.

13. Computer-related forgery.

14. Computer-related fraud.

15. Theft of Electronic Devices.

16. Unauthorised modification of computer systems, network data and system interference.

17. Electronic Signature.

18. Cyber terrorism.

19. Exceptions to financial institutions posting and authorised options.

20. Fraudulent issuance of e-instructions.

21. Reporting of cyber threats.

22. Identity theft and impersonation.

23. Child pornography and related offences.

24. Cyberstalking.

25. Cybersquatting.

26. Racist and xenophobic offences.

27. Attempt, conspiracy, aiding and abetting.

28. Importation and fabrication of e-tools.

29. Breach of confidence by service providers.

30. Manipulation of ATM/POS Terminals.

31. Employees Responsibility.

32. Phishing, spamming, spreading of computer virus,

33. Electronic cards related fraud.

34. Dealing in card of another.

35. Purchase or sale of card of another.

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

PART IV-DUTIES OF FINANCIAL INSTUTUTIONS

37. Duties of financial institutions.

38. Records retention and protection of data.

39. Interception of electronic communications.

40. Failure of service provider to perform certain duties. PART V-ADMINISTRATION AND ENFORCEMENT

41. Co-ordination and enforcement

42. Establishment of Cybercrime Advisory Council.

43. Functions and powers of the Council.

44. Establishment of National Cyber Security Fund.

PART VI-ARREST, SEARCH, SEIZURE AND PROSECUTION

45. Power of arrest, search and seizure

46. Obstruction and refusal to release information.

47. Prosecution of offences.

48. Order of forfeiture of assets.

49. Order for payment of compensation or restitution. PART VII-JURISDICTION AND INTERNATIONAL CO-OPERATION

50. Jurisdiction.

51. Extradition.

52. Request for mutual assistance

53. Evidence pursuant to a request.

54. Form of request from a foreign state.

55. Expedited Preservation of computer data.

56. Designation of contact point.

PART VIII – MISCELLANEOUS

57. Regulations.

58. Interpretations.

59. Citation.

SCHEDULES

CYBERCRIMES (PROHIBITION, PREVENTION, ETC) ACT, 2015

A Bill For An act to provide for the prohibition, prevention, detection, response, investigation and prosecution of cybercrimes; and for other related matters, 2015.