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Let learn one or two things this afternoon about our laws on Cybercrime Act 2015

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This is a high-level overview of what the Cybercrime Act 2015 provides, and things we should be aware of.

1.The Nigerian Cybercrime Act 2015 gives the President the power to designate
certain computer systems, networks and information infrastructure vital to the national security of Nigeria or the economic and social well-being of its citizens, as constituting Critical National Information Infrastructure , and to implement procedures,
guidelines, and conduct audits in furtherance of that. Examples of systems,which could be designated as such, include transport, communication, banking etc.

2.The Nigerian Cybercrime Act 2015 prescribes the death penalty for an offence committed against a system
or network that has been designated critical national infrastructure of Nigeria that results in the death of an individual (amongst other punishments for lesser crimes).

3.Under the Cybercrime Act 2015 in Nigeria,
hackers,if found guilty,of unlawfully accessing a computer system
or network, are liable to a fine of up to N10 million or a term of imprisonment of 5 years (depending on the purpose of the hack).The same punishment is also meted out to
Internet fraudsters who perpetuate their acts either by sending electronic messages, or accessing and using
data stored on computer systems.

4.The Cybercrime Act 2015 Makes provision for
identity theft,with the punishment of imprisonment for a term of not less than 3 years or a fine of not less than N7 million or to both fine and imprisonment.

5.Specifically creates child pornography
offences,with punishments of imprisonment for a term of 10 years or a fine of not less than N20 million or to both fine and imprisonment,depending on the nature of the offence and the act carried out by the accused persons.Offences include,amongst others: producing,procuring,
distributing,and possession of child pornography.

6.Outlaws Cyber-stalking and Cyber-bullying and prescribes punishment ranging from a fine of not less than N2 million or imprisonment for a term of not less than 1 year or to both fine and imprisonment,up to a term of not less
than 10 years or a fine of not less than N25 million or to both fine and imprisonment; depending on the severity of the offence.

7.The Nigerian Cybercrime Act 2015 prohibits
cybersquatting,which is registering or using an Internet domain name with bad faith
intent to profit from the goodwill of a trademark belonging to someone else, or to profit by selling to its rightful owner.Individuals who engage in this are liable on conviction to imprisonment for a term of not less than 2 years or a fine of not less than N5 million or to both
fine and imprisonment.

8.Forbids the distribution of racist and xenophobic material to the public through a computer system or network (e.g.Facebook and Twitter), it also prohibits the use of threats of violence and insulting statements to persons based on race, religion,colour,
descent or national or ethnic origin. Persons found guilty of this are liable on conviction to imprisonment for a term of not less than 5 years or to a fine of not less than N10million or to both fine and imprisonment.

9.The Cybercrime Act 2015 mandates that service
providers shall keep all traffic data and subscriber information having due regard to the individual’s constitutional Right to privacy,& shall take appropriate measures to safeguard the confidentiality of the data retained,processed or retrieved

10.Allows for the interception
of electronic communication , by way of a court order by a Judge, 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.

The above is just a high-level
overview of certain interesting provisions in the newly passed legislation.The Act itself contains 43 sections,and is a very important piece of legislation to foster the development of the nascent ICT sector in Nigeria.
You can read the full provisions of the Act CyberCrime (Prohibition, Prevention, etc) Act 2015
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