The Federal Government has initiated a draft law that empowers security agents to intercept and record
electronic communications between individuals, and seize usage data from internet service providers and mobile networks.
If
the Cybercrime Bill is enacted into law, authorities can intercept and
record personal emails, text messages, instant messages, voice mails and
multimedia messages, in order to facilitate a criminal investigation.
These
are contained in the details of the bill that President Goodluck
Jonathan submitted to the National Assembly last week, a copy of which
was obtained by Nigeria Newsday.
The bill empowers security agencies to ask telecommunication
companies to conduct surveillance on individuals, and release user data
to authorities.
A warrant would not be required in cases of
"verifiable urgency" to intercept and record electronic communications
under the new bill.
But where there is no urgency, an ex parte
order of a court is needed before a law enforcement officer conducts a
cybercrime investigation.
Under a subheading titled 'Interception
of electronic communications,' section 22 of the bill says, "Where
there are reasonable grounds to suspect that the content of any
electronic communication is reasonably required for the purposes of a
criminal investigation or proceedings, a judge may on the basis of
information on oath:
"(a) order a service provider, through the
application of technical means to collect, record, permit or assist
competent authorities with the collection or recording of content data
associated with specified communications transmitted by means of a
computer system; or
"(b) authorise a law enforcement officer to collect or record such data through application of technical means."
The
bill defines "electronic communication" that could be intercepted to
include "communication in electronic format, instant messages, short
message service (SMS), e-mail, video, voice mails, multimedia message
service (MMS), fax and pager."
Instant messaging is a type of
chat which offers real-time text, video and audio transmission over the
Internet. It includes Blackberry Messenger, WhatsApp, WeChat, Google
Hangout, Yahoo Messenger, Facebook Messenger, 2go and others.
Based
on the bill, "interception" includes "listening to or recording of
communication data of a computer or acquiring the substance, meaning or
purport of such and any acts capable of blocking or preventing any of
these functions."
Section 21 of the bill also states that
security agencies can order internet service providers or telecom
companies to "preserve, hold or retain any traffic data, subscriber
information or related content."
Where a service provider refuses
to release its subscriber data requested by the security agencies, the
firm is liable to N10million fine, while each of its directors, managers
or officers shall be liable for three years jail term, N7 million fine
or both.
The Federal Government's bill is coming nearly a year
after an Israeli company, Elbit Systems, announced that it won a
Nigerian government's $40 million internet monitoring contract.
Other
areas covered by the bill include transmitting false electronic
messages, child pornography, paedophilia and cyber-terrorism.
Section
15 (1) provides for a jail term of not less than one year or a fine of
N2 million for "any person who, by means of a public electronic
communications network persistently sends a message or other matter that
(a) is grossly offensive or of an indecent, obscene or menacing
character or causes any such message or matter to be so sent; or (b) he
knows to be false, the purpose of causing annoyance, inconvenience or
needless anxiety to another or cause."
Also, the bill prescribes
death sentence to a person who commits crime against Critical National
Information Infrastructure, which is defined as "certain computer
systems, networks and information infrastructure vital to the national
security of Nigeria or the economy and social well-being of its
citizens."
However, if the offence does not result in death but
leads to "grievous bodily injury," the offender shall be liable to
imprisonment for a minimum term of 15 years.
A life imprisonment
also awaits "any person that accesses or causes to be accessed any
computer or computer system or network for purposes of terrorism." The
bill says "terrorism" shall have the same meaning under Terrorism
(Prevention) Act, 2011, as amended.
The bill imposes at least a
10-year jail term or N20 million fine for any person convicted for
producing and distributing child pornography.
It specifies 10 years in jail, N15million fine or both for paedophiles.
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