Transnational Responses to Cyber Crimes Challenges in the 21st Century: An Appraisal of Existing Treaties, a Call for a General Multi-Lateral Treaty

Abstract

Cybercrimes as its name suggests are committed in the world of internet and computers. The 21st century has experienced and is experiencing a tremendous geometric growth in the realm of information technology. These measures of development adversely birthed the corresponding measure of increase in cybercrimes. The world is transcending into a dispensation where a tomato seller will transact with a Point of Sale terminal (POS). The enigma posed by the threat to security of personal data and privacy in the online environment whether can be mitigated or eradicated by cyber laws will be duly addressed in this article. The responses of different jurisdictions to this menace are unparalleled and there has been a great development in cyber legislations across the world. The default page of articles, papers and news have been greatly centered on the cyber world and both developed and developing nations are eagle eyed on this catastrophic brouhaha, and have placed certain legislations in place to combat the threat of cyber criminals. It is however important to note that cybercrimes are transnational and ought to be given a transnational response. The upsurge of cybercrimes have not only necessitated national awakening within States but also the international, regional and sub-regional organizations are alert to put up measures in form of multilateral treaties for the purpose of ensuring that cybercrimes are covered within the ambit of the law. The right to privacy is acknowledged in different instruments of international treaties. Article 12 of the Universal Declaration of Human Rights and Article 17 of the United Nations International Covenant on Civil and Political Rights both state that, “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.” The concept and idea of rights to data protection and all have been implied in national and international laws. The Economic and Financial Crimes Commission in Nigeria (EFCC) have been empowered by law to try matters that involve cybercrimes. The Economic and Financial Crimes Commission (EFCC) is the body empowered by government to fight all forms of financial crimes including cybercrimes in Nigeria. The Cybercrimes (Prohibition, Prevention, etc.) Act 2015 also expressly provides for the cybercrimes related offences punishable under the Nigerian law but to what extent are the operations of these legislations? The establishment of the e-commerce industry has taken place as the wider digital value chain has expanded with the availability and efficiency of e-payments. E-commerce means the act of offering, buying, or providing goods and services via computer systems and telecommunications networks such as the Internet or any other network using electronic, optical or similar media for distance information exchange. Premised on this, Industry watchers have expressed the fear of electronic fraud thereby preferring a pay-on-delivery (PoD) style to bridge the lack of confidence in the system. Hence, greater security measures must be put in place by service providers and regulators altogether. Laws must also be duly passed to govern these. The introduction of the Bank Verification Number (BVN) idea in Nigeria banking sector has in a moment given rise to a number of internet frauds. Greater security measures are needed as people’s data and privacy can be accessed with ease across the world. This article will however discuss the measures put up by international, regional and sub-regional agreements so far in respect of cybercrimes, the need to update cyber laws and treaties to meet current challenges in the internet world.