A Legal Analysis of Cybercrimes and Cybertorts: Lessons for Nigeria

Abstract

The dawn of the cyber age and cyberspace inclusive of computers, computer networks, the internet, information technology, and virtual reality, means much of a person’s personal and financial life is transacted over the cyberspace. States have also taken advantage of these modern technologies. This has afforded the opportunity for these tools to become the objects and media through which crimes and torts are committed. Cyber-crimes or computer-oriented crimes include but are not restricted to the hacking of computers or computer networks, cyber-stalking, cyber-squatting, child pornography, computer-related fraud, identity theft, impersonation, and cyber-terrorism. On the other hand, cyber-torts are torts which are committed on computer systems or a network of computer systems such as trespass to chattels, conversion, cyber defamation, negligent enablement of cyber-crimes, etc. Recent global happenings including, ransomware and malware attacks, cyber-squatting, cyber-bullying and cyber harassment, cyber-warfare, and child pornography have shown how these actions affect the private and financial life of citizens as well as the economic development and international reputation of states. In light of these, States have recognized the pertinent need to have in place laws combating cyber-crimes and cyber-torts. This thesis aims at examining the response of legal systems to these crimes and torts. The international position will be looked at in respect of responsibilities of states, jurisdiction, and international cooperation, treaties and conventions dealing with cyber-crimes and cyber-torts. The position of other jurisdictions specifically the United States of America, the United Kingdom, India, and Kenya will be analysed. The position of Nigerian law will also be examined and its inadequacies will be highlighted, and lessons from other jurisdictions on better ways to combat these crimes and torts will be extracted, resulting in recommendations.