Preventing and Combating Cybercrime in East Africa
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Mwiburi, A. (2019). Preventing and Combating Cybercrime in East Africa. Lessons from Europe's Cybercrime Frameworks. Duncker & Humblot. https://doi.org/10.3790/978-3-428-55601-4
Mwiburi, Abel Juma. Preventing and Combating Cybercrime in East Africa: Lessons from Europe's Cybercrime Frameworks. Duncker & Humblot, 2019. Book. https://doi.org/10.3790/978-3-428-55601-4
Mwiburi, A (2019): Preventing and Combating Cybercrime in East Africa: Lessons from Europe's Cybercrime Frameworks, Duncker & Humblot, [online] https://doi.org/10.3790/978-3-428-55601-4
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Preventing and Combating Cybercrime in East Africa
Lessons from Europe's Cybercrime Frameworks
Schriften zum Strafrechtsvergleich, Vol. 5
(2019)
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Abstract
The focus of this book is to examine the effectiveness of the measures currently employed in East Africa as a region, and in the individual Member States in dealing with cybercrime and how best the same can be modified to prevent and combat cybercrime in the region. So, the subsequent analysis in this book is done with a view of drawing some lessons from Europe’s cybercime regimes. In so doing, the book is set to critically examine the role of the law in preventing and combating cybercrime in East Africa; investigate the extent to which the current laws address the problem of cybercrime and ICT governance and regulation in the East African region at country and regional levels; examine the level and extent of cooperation required among the EAC partners in fighting cybercrime; analyze legal and institutional challenges on ICT governance and regulation in East Africa and globally with a view of creating a crime-free environment for the Internet and computer users; and examine the best ways through which the East Africa region can ensure efficient regulation of ICT through a regime that will prevent and combat cybercrime without necessarily inhibiting social, political and economic development.(From the Introduction)
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Foreword | 7 | ||
| Acknowledgements | 9 | ||
| Table of Contents | 11 | ||
| List of Tables | 16 | ||
| List of Abbreviations and Acronyms | 17 | ||
| Chapter 1: General Introduction | 19 | ||
| A. General Introduction and Background | 19 | ||
| B. Cybercrime as a Challenge in East Africa and Beyond | 21 | ||
| C. Focus of the Book | 23 | ||
| Chapter 2 : Cyberspace as an Emerging Phenomenon rin Criminal Jurisprudence | 25 | ||
| A. Introductory Remarks | 25 | ||
| B. Understanding Cyberspace, Computer Crime, and Cybercrime | 26 | ||
| I. Cyberspace | 26 | ||
| II. Computer Crime and Cybercrime | 28 | ||
| C. Nature and Evolution of Modern Cybercrime | 30 | ||
| I. Nature of Cybercrime | 30 | ||
| II. Evolution of Modern Cybercrime | 31 | ||
| 1. The Era of Mainframe Computers | 32 | ||
| 2. Evolution of Networked Computers | 32 | ||
| 3. The Epoch of Personal Computers and the Internet | 33 | ||
| D. Forms of Cyber Criminality | 34 | ||
| I. Categorization by Individuals and Experts | 34 | ||
| II. Categorization by Institutions | 37 | ||
| III. General Observations from the Categorization | 38 | ||
| E. Features of Cybercrimes | 39 | ||
| I. Cybercrimes are Committed in Computer Environment | 39 | ||
| II. Veil of Anonymity | 40 | ||
| III. Requirement of Technical Knowledge | 41 | ||
| IV. Cybercrimes are Easy to Commit | 41 | ||
| V. Cybercrime as a Cross-Border Phenomenon | 42 | ||
| F. Approaches to Cyberspace and ICT Governance | 43 | ||
| I. Regulation by Norms | 45 | ||
| II. Regulation by Law | 46 | ||
| III. Regulation by Market Forces | 46 | ||
| IV. Regulation by Code or Architecture | 47 | ||
| V. Pillars of Cybersecurity | 47 | ||
| G. Contemporary Issues and Challenges on Cyberspace | 48 | ||
| I. Borderlessness and Jurisdictional Issues | 49 | ||
| II. Harmonization of Laws | 49 | ||
| III. Speedy Technological Developments and Flexibility | 51 | ||
| IV. Striking a Balance between Regulation and Enjoyment of Individual Rights | 52 | ||
| V. Increased Criminal Capability and Child Protection | 53 | ||
| VI. Anonymity and Lack of Statistics | 54 | ||
| H. Concluding Remarks | 55 | ||
| Chapter 3: Systemic and Institutional Synergies Among the East African Community, the European Union and the Council of Europe | 57 | ||
| A. Introductory Remarks | 57 | ||
| B. The East African Community | 57 | ||
| I. The East African Community in Historical Perspectives | 57 | ||
| II. Revival of the East African Community | 61 | ||
| III. Principles Governing the East African Community | 63 | ||
| IV. The East African Community’s Organs and Institutions | 65 | ||
| V. Scope and Competences of the East African Community | 69 | ||
| C. The European Union | 71 | ||
| I. History and Establishment of the European Union | 71 | ||
| II. Principles Governing the European Union | 78 | ||
| III. European Union’s Organs and Institutions | 80 | ||
| IV. Competencies and Functions of the European Union | 83 | ||
| D. The Council of Europe | 88 | ||
| I. History and Establishment of the Council of Europe | 88 | ||
| II. Principles Governing the Council of Europe | 91 | ||
| III. Council of Europe’s Organs and Institutions | 91 | ||
| IV. Competences and Functions of the Council of Europe | 93 | ||
| E. Synergies among the East African Community, the European Union, and the Council of Europe as Intergovernmental Organizations | 94 | ||
| F. Concluding Remarks | 96 | ||
| Chapter 4: The War Against Cybercrime: Europe’s Legal and Institutional Frameworks | 100 | ||
| A. Introductory Remarks | 100 | ||
| B. General Background to the Cooperation in Criminal Matters among the Council of Europe Member States | 101 | ||
| C. The Council of Europe Convention on Cybercrime | 102 | ||
| I. Harmonization of Rules and Criminalization of Some Acts | 104 | ||
| II. Criminal Procedural Issues | 107 | ||
| III. International Cooperation in Cybercrime and Related Matters | 108 | ||
| IV. The Additional Protocol to the Convention on Cybercrime, Concerning the Criminalization of Acts of a Racist and Xenophobic Nature Committed through Computer Systems | 109 | ||
| D. Institutions under the Council of Europe Cybercrime Framework | 111 | ||
| I. European Committee on Crime Problems (CDPC) | 111 | ||
| II. Cybercrime Convention Committee (T-CY) | 113 | ||
| III. Directorate of Information Society and Action against Crime | 115 | ||
| IV. Cybercrime Programme Office of the Council of Europe (C-PROC) | 115 | ||
| E. Historical and Legal Basis of Cooperation in Penal Matters among the EU Member States | 117 | ||
| F. An Overview of the European Union’s Cybercrime Framework | 121 | ||
| I. The European Union’s Cybercrime Legal Framework | 121 | ||
| 1. Council Framework Decision on Combating Fraud and Counterfeiting of Non-Cash Means of Payment | 122 | ||
| 2. Council Framework Decision on Combating the Sexual Exploitation of Children and Child Pornography | 123 | ||
| 3. Framework Decision on Attacks against Information Systems | 125 | ||
| 4. Directive of the European Parliament and the Council on Attacks against Information Systems and Replacing Council Framework Decision 2005 / 222 / JHA | 126 | ||
| 5. Council Framework Decision on Combating Certain Forms and Expressions of Racism and Xenophobia by Means of Criminal Law | 128 | ||
| G. Cyberlaw Enforcement Mechanisms and Institutions under the European Union | 129 | ||
| I. The European Arrest Warrant (EAW) | 129 | ||
| II. The European Police College (CEPOL) | 130 | ||
| III. The European Police Office (Europol) | 131 | ||
| IV. Eurojust | 133 | ||
| V. European Union Agency for Network and Information Security (ENISA) | 134 | ||
| VI. European Crime Prevention Network (EUCPN) | 135 | ||
| H. Concluding Remarks | 137 | ||
| Chapter 5: Preventing and Combating Cybercrime in East Africa: Legal and Institutional Frameworks | 139 | ||
| A. Introductory Remarks | 139 | ||
| B. Rationale for Approximation and Harmonization of Criminal Laws in the EAC | 141 | ||
| C. Legal Basis for Harmonization and Approximation of Laws in the EAC Framework | 143 | ||
| D. An Overview of the EAC’s Anti-Cybercrime Framework | 144 | ||
| I. Policy and Legislative Measures Adopted in the EAC Region | 145 | ||
| 1. The EAC Customs Management Act, 2004 | 145 | ||
| 2. The Regional e-Government Framework, 2006 | 146 | ||
| 3. The EAC Legal Framework for Cyberlaws, 2008 | 147 | ||
| 4. The EAC Protocol on Peace and Security, 2013 | 149 | ||
| II. Anti-Cybercrime Institutions in the EAC | 150 | ||
| 1. The East African Communications Organisation (EACO) | 150 | ||
| 2. The EAC Cyberlaws Task Force | 152 | ||
| E. Individual Countries’ Cyberspace Frameworks | 153 | ||
| I. Cybercrime Policy, Laws and Institutions in Tanzania | 153 | ||
| 1. The National Information and Communications Technologies Policy, 2003 | 154 | ||
| 2. The Electronic and Postal Communications Act, 2010 | 156 | ||
| 3. The Cybercrime Act, 2015 | 157 | ||
| 4. Tanzania Communications Regulatory Authority | 162 | ||
| 5. Tanzania Cybercrime Unit | 163 | ||
| II. Cybercrime Policies, Laws and Institutions in Kenya | 164 | ||
| 1. National Information and Communications Technology Policy, 2006 | 165 | ||
| 2. The Kenya Information and Communications Act, 1998 | 166 | ||
| 3. The National Cybersecurity Strategy, 2014 | 168 | ||
| 4. The Communications Authority of Kenya | 169 | ||
| 5. Kenya Cybercrime Unit | 170 | ||
| III. Cybercrime Policies, Laws and Institutions in Uganda | 170 | ||
| 1. The National Information and Communications Technology Policy for Uganda, 2014 | 170 | ||
| 2. National Information Security Strategy, 2011 | 172 | ||
| 3. The Computer Misuse Act, 2011 | 173 | ||
| 4. The Uganda Communications Commission | 180 | ||
| 5. The National Information Technology Authority, Uganda | 181 | ||
| 6. Uganda Cybercrime Unit | 182 | ||
| F. Concluding Remarks | 182 | ||
| Chapter 6: Comparative Assessment of Anti-Cybercrime Initiatives between Europe and East Africa | 184 | ||
| A. Introductory Remarks | 184 | ||
| B. Basic Integration Frameworks among the EAC, EU, and CoE | 184 | ||
| C. Approximation and Harmonization of Laws in Europe and East Africa | 186 | ||
| D. Comparison of the Efficiency and Efficacy of Anti-Cybercrime Legislative Measures in Europe and East Africa | 188 | ||
| I. Substantive Cybercrime Provisions | 188 | ||
| II. Proportionality of Sanctions and Other Dissuasive Measures against Offenders | 198 | ||
| E. Efficiency and Efficacy of Anti-Cybercrime Enforcement and Institutional Mechanisms in Europe and East Africa | 205 | ||
| I. Anti-Cybercrime Watchdog and Coordination Institutions and Mechanisms in Europe and the EAC | 206 | ||
| II. Other Anti-Cybercrime Institutions | 209 | ||
| F. Concluding Remarks | 213 | ||
| Chapter 7: General Conclusion | 215 | ||
| References | 220 | ||
| List of Cases | 231 | ||
| List of Legislation | 232 | ||
| Online Materials | 235 | ||
| Subject Index | 240 |