ABSTRACT
The Global Information Infrastructure creates unlimited
opportunities for commercial, social and other human activities. However, it is
increasingly under
attack by cybercriminals; as the number, cost, and
sophistication of attacks are increasing at an alarming rate. This study sets
out to examine the Awareness of Cyber Crimes threats to National
Development among selected States of
South East Nigeria that
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articulates the
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relevant
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circumstances and
threats of cybercrime
in Nigeria. The
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study
approached the
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issue
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of
cybercrime from
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theoretical and
investigative
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points
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of views. Structured interviews with law enforcement
agencies and governmental institution for cyber security were also conducted.
Data obtained through these research instruments were subjected to descriptive
analysis and frequency counts in order to explain the activities of Nigerian
cybercriminals based on existing
theories of crime, and to understand their intents, purposes
and methods. Four theories of crime, namely, Structural Functionalism Theory,
Marxian Theory, Routine Activity Theory and Technology Enabled Crime Theory
were all found to be relevant to Nigerian cybercrime. At the level of existing
laws, the study established that there are no existing laws in the Nigerian
statues that directly address cybercrime.
CHAPTER ONE
INTRODUCTION
From business, industry,
government to not-for-profit organizations, the internet has simplified
business processes such as sorting, summarizing, coding, editing, customized
and generic report generation in a real-time processing mode. However, it has
also brought unintended consequences such as criminal activities, spamming,
credit card frauds, ATM frauds, phishing, identity theft and a blossoming haven
for cybercriminal miscreants to perpetrate their insidious acts. The
development of the internet and the widened access to computer technology has
created new opportunities for work and business activities, as well as those
who engage in illegal activities. The rise of technology and online
communication has not only produced a dramatic increase in the incidence of
criminal activities, but has also resulted in the emergence of what appears to
be a new variety of criminal activities. Both the increase in the incidence of
criminal activities and the possible emergence of new varieties of criminal
activity pose challenges for legal systems, as well as for law enforcement
agencies (Brenner, 2007).While technological advancements have produced radical
shifts in the ability to reproduce, distribute, control, and publish information,
the Internet in particular has radically changed the economics and ease of
reproduction (Longe and Chiemeke, 2008). Computer networks have also radically
changed the economics of distribution. With transmission speeds approaching a
billion characters per second, networks enable the sending of information
products worldwide, cheaply and almost instantaneously.
The Global Information
Infrastructure (GII) presents vast opportunities, but it can also be dangerous
for the innocent people. Fraudulent schemes, scams and con artists have
certainly been around long before the introduction of the internet, however,
with the
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technology and explosive growth of the internet, fraud has
quickly become a major concern for consumers, merchants and governments.
Furthermore, the introduction and acceptance of the Global System for Mobile
Communication (GSM) in Nigeria and the proliferation of digital devices (such
as the MP3 players, IPOD, IPAD, cell phones, smart phones, GPRS enabled phones)
and electronic platform services (such as blogs, instant messaging and other
web 2.0 platforms) contributes to the increase in internet fraudulent acts.
1.1 BACKGROUND
TO THE STUDY
Over the past twenty years,
immoral cyberspace users have continued to use the internet to commit crimes;
this has evoked mixed feelings of admiration and fear in the general populace
along with a growing unease about the state of cyber and personal security.
This phenomenon has seen sophisticated and extraordinary increase recently and
has called for quick response in providing laws that would protect the cyber
space and its users. The first recorded cyber murder was committed in the
United States seven years ago. According to the Indian Express, January 2002,
an underworld don in a hospital was to undergo a minor surgery. His rival went
ahead to hire a computer expert who altered his prescriptions through hacking
the hospital’s computer system. He was administered the altered prescription by
an innocent nurse, this resulted in the death of the patient. Statistically,
all over the world, there has been a form of cybercrime committed every day
since 2006. Prior to the year 2001, the phenomenon of cybercrime was not
globally associated with Nigeria. This resonates with the fact that in Nigeria
we came into realization of the full potential of the internet right about that
time. Since then, however, the country has acquired a worldwide notoriety in
criminal activities, especially financial scams, facilitated through the use of
the Internet. Nigerian cyber criminals are
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daily devising new ways of
perpetrating this form of crime and the existing methods of tracking these
criminals are no longer suitable to deal with their new tricks. The victims as well
show increasing naivety and gullibility at the prospects incited by these
fraudsters. Since the issue of cyber security is raising a number of questions
in the minds of Nigerians, it is only fair that we answer these questions.
Crime remains indefinable
and ever strives to hide itself in the face of development. As measures and
techniques for detecting crimes and criminals advance, criminals also look for
means of hiding from these measures and the Internet currently serves as a
hiding place for fraudsters who have simply migrated from the streets to an
electronic platform offered by the World Wide Web. Different nations have
adopted different strategies to contend with crimes depending on their nature
and extent. Certainly, a nation with high incidence of crime cannot grow or
develop. That is so because crime undermines development. It leaves negative
social and economic consequence (Sylvester, 2001).For Nigeria, a nation in the
process of saving her face regarding cybercrimes; efforts are now being
directed at the sources and channels through which cybercrimes are perpetuated.
The task of re-stigmatizing cybercrime and re-dignifying honest is not as easy
as that of institutionalising a deterrence mechanism like Code of Conduct
Bureau, Independent Corrupt Practices and other related Crimes Commission
(ICPC), Economic and Financial Crime Commission (EFCC) and many more. This is
after many years at the bottom of the ladder of the corrupt nations of the
world, which is based on some index set by the Transparency International (TI),
an anti-corruption crusader group. The Advance Fee Fraud popularly called “419”
has given birth to cybercrime. Needless to say that cybercrime popularly called
“Yahoo-Yahoo” is an offshoot of Advanced Fee Fraud. Advance Fee Fraud which
became popular in the early ‘90s, has now produced its first offspring with
mostly the unemployed and
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undergraduates as its practitioners. The quest of social
scientists and historians is, ‘how did a society that value hard work,
cooperation and contentment become deeply rotten in corruption (Ogunsanya,
2006). The answer to this can be linked to the materialistic value of the
country.
Majority of the
cybercrimes perpetrated in Nigeria generally are targeted at individuals and
not necessarily computer systems, hence they require less technical expertise.
The damage done manifests itself in the real world. Human weaknesses such as
greed and carelessness are generally exploited. The damage done is largely
psychological and financial. These crimes are similar to theft, and the likes
that have existed for centuries, even before the development of high-tech
equipment. Through the internet, the same criminals or persons with criminal
intents have simply been given a tool which increases their potential pool of
victims and make them all the harder to trace and apprehend (Aghatise,
2006).The challenge in fighting cybercrimes today relates to the fact that
cybercrimes have been in existence for only as long as the Global Information
Infrastructure exists. This explains the unpreparedness of society and the
world in general towards combating them. Numerous crimes are committed daily on
the Internet with Nigerians at the forefront of sending fraudulent and bogus
financial proposals all over the world. Criminals involve in the Advance Fee
Fraud schemes (419) are now popularly referred to as “yahoo-yahoo” in Nigeria.
The nation has therefore carved a position for herself as source of what is now
generally referred to as “419” mails named after Section 419 of the Nigerian
Criminal Code (Capp 777 of 1990) that prohibits Advance Fee Fraud.
Apart from the
availability and usage of Internet facilities in cyber cafes for scam mails and
other cybercrimes, the evolution of fixed wireless facilities in the Nigerian
network landscape has added another dimension to the cybercrimes problem.
Fraudsters
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who can afford to pay for
Internet connection vial fixed wireless lines can now perpetrate their evil
acts within the comfort of their homes. In some cyber cafes, a number of
systems are dedicated to fraudsters (popularly referred to as “yahoo boys”) for
the sole purpose of hacking and sending fraudulent mails. Other cyber cafes
share their bandwidth (popularly referred to as home use) to some categories of
customers who acquire systems for home use in order to perpetuate cybercrimes
from their homes (Longe and Chiemeke, 2008).
1.2 STATEMENT OF
THE PROBLEM
The internet creates unlimited
opportunities for commercial, social and other human activities. But with
cybercrime, the Internet introduces its own peculiar risks. What are the menace
cybercrime and cyber-security threats poses to Nigeria? The convenience
associated with Information Technology and the Internet is now being exploited
to serve criminal purposes. Cybercrime covers Internet fraud not just online
Advance Fee Fraud (419), also the use of computers and or the Internet to
commit crime. Computer-assisted crime includes e-mail scams, hacking,
distribution of hostile software (viruses and worms), denial of service
attacks, and theft of data, extortion, fraud and impersonation. Waziri (2009)
spoke about the dreadful level of corruption as being a threat to Vision
20:2020. Cyber-crime is an obstacle that may shut the door of progress against
the nation. This was why Aluko (2004) gave seventeen (17) ways of stopping
financial corruption in Nigeria. One of these crimes according to him has to do
with cybercrimes. The global village currently records an increasing criminal
behaviour. News of cybercriminal activities continue to fill the pages of the
newspaper, it is central to world news and has become a global problem. There
is hardly a place where computers and internet facilities are found that cases
of crime are not recorded. New modes of
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operation are developing as the Global System for
Mobile-telecommunication (GSM) is now used for browsing. A lot of young people
are common among the perpetrators of these criminal activities. They spend
hours browsing and sometimes stay awake all night to carry out their nefarious
activities. The people involved are mostly found within the ages of fifteen to
thirty years.
According to Erhabor (2008),
cybercrimes are described as one of the fastest growing criminal activities on
the planet. He repeated the fact that it covers a large range of illegal
activity including financial scams, computer hacking, downloading of
pornographic images from the internet, virus attacks, stalking and creating
websites that promote hatred. In recent time, young students in the tertiary
institution engaged in forgery of all kinds ranging from false admission paper
to school fees receipts, certificates racketeering and examination malpractice
that is, accessing useful information during examinations through the handset
and other electronic devices. Ajao (2008) said Nigeria, Ghana and South Africa
top cybercrime in Africa. Nigeria is not spared from the heartache caused by
cybercrimes.
The fight against cybercrime
and cyber security threats in Nigeria requires not just knowledge of
Information Technology but Information Technology Intelligence on the part of
the security agencies. In Nigeria, there is an Information Technology Security
divide – a serious shortage of skills to deal with the threats associated with
Information Technology. Shouting and moaning about cybercrime is not enough.
All the talk is meaningless unless the gap is closed. Security agencies need to
be equipped with the skills, the know-how and the insight necessary to fight cybercrime
effectively. The findings above are worrisome and it is in order to curb and
proffer solution to the above that the study intends to look at the
sociological and technological factors influencing cybercrime and cyber
security in Nigeria.
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1.3 JUSTIFICATION
OF THE STUDY
The Global Information Infrastructure creates unlimited
opportunities for commercial, social and educational activities. However, it is
increasingly under attack by cyber criminals; as the number, cost and sophistication
of attack are increasing at alarming rates. The challenge in fighting
cybercrimes and cyber security threats today relates to the fact that, they
have been in existence for only as long as the Global Information
Infrastructure exists. This explains the unpreparedness of society and the
world in general towards combating them. In addition, the study is significant
because its findings have potential for providing an aid in formulating
appropriate legal and framework for cyber law and cyber security in Nigeria. It
will also examine various dimensions of cybercrime and cyber security threats
in Nigeria.
1.4 RESEARCH
OBJECTIVES
The general objective is to provide information and analysis
which lawmakers, policy makers and law enforcement agencies in Nigeria can use
in order to create legal definitions which are meaningful from sociological and
technological perspectives of cybercrime and cyber-security.
The specific objectives are as
follows:
1.
To identify informal, sociological
and technological causes of cybercrime and cyber security in Nigeria.
2.
To identify and analyse the
techniques used by cyber criminals and the use of cyber space for fraud.
3.
To analyse the approaches adopted by
Nigerian law enforcement agencies and cyber security stakeholders in combating
cybercrime and ensuring cyber security.
4.
To provide Nigerian based typologies of cybercrime.
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1.5 RESEARCH
QUESTIONS
This research study aims to assess the vulnerability of the
Nigerian society to crime and abuse on computer networks and the Global
Information Infrastructure at large. The study then attempts to answer the
following questions:
1.
How are Nigeria anti-graft agencies
tackling cyber-crime and cyber security threats?
2.
How effective and efficient are the efforts
of the security agencies in combating cybercrime and ensuring cyber security in
Nigeria?
3.
What can be done to improve the
state of cybercrime and cyber security in Nigeria?
4.
What are the techniques used by scammers in perpetrating
cybercrime in Nigeria?
1.5 RESEARCH
HYPOTHESIS
This research study aims to assess the vulnerability of the
Nigerian society to crime and abuse on computer networks and the Global
Information Infrastructure at large. The study then attempts to generate a
hypothesis to the research questions:
Ho:
Nigerian Anti-graft agencies are tackling cyber-crime and cyber security
threats.
H1:
Nigerian Anti-graft agencies are not tackling cyber-crime and cyber security
threats.
Ho:
The security agencies are doing their best in combating cybercrime and ensuring
cyber security in Nigeria.
H1:
The security agencies are not doing their best in combating cybercrime and
ensuring cyber security in Nigeria.
Ho:
There are possible ways or methods to be done in improving the state of cybercrime
and cyber security in Nigeria.
H1:
There are no possible ways or methods to be done in improving the state of
cybercrime and cyber security in Nigeria.
Ho:
There are various techniques used by scammers in perpetrating cybercrime in
Nigeria.
H1:
It is difficult for scammers in perpetrating cybercrime in Nigeria.
1.6 SCOPE OF THE
STUDY
In order to ensure
effectiveness and focus of study, this research is limited to a particular
information rich subset of stakeholders in cyber activities. The research will
be limited to Law Enforcement Agencies in Nigeria, Cyber Security Governmental
Agencies in Nigeria, practicing scammers, cybercriminals and scam baiter
correspondence. The research sets out to examine the sociological and the
technological factors that impact cybercrime and cyber security in Nigeria. It
covers the events that occur from 2001 to 2010 and the unit of analysis is
organization.
1.7 METHODOLOGY
A mixed research approach is
needed for adequate insight and knowledge into solving and achieving the
research problem and objectives. The study will approach the issue of
cybercrime from theoretical and investigative points of views. This study will
use a combination of existing literature studies, direct in-depth primary
research and secondary
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materials from the Internet.
The study Enforcement Agencies, Cyber Security correspondence.
population
for this study includes, Law Governmental Agencies and Scam baiter
1.8 DEFINITION
OF TERMS
Advance Fee Fraud: Advance Fee Fraud
is a rising type of Internet crime causing Internet users to lose significant
amounts of money. The expression ‘Advance Fee Fraud’ (AFF) describes fraud
cases in which criminal fraudsters convince a victim that the victim has won a
prize or been selected for a business deal with easy money to be gained and the
only condition to obtain the gain is that the victim has to pay a small amount
of money in advance. When the victim pays the fee, it will not bring him closer
to receiving the gain. In fact, he only risks losing more money as the
fraudster will be encouraged to re-contact the victim to request the payment of
additional fees for the same transaction.
Scam: A “confidence trick” is an
attempt to defraud a
person or group after first gaining their confidence, used
in the classical sense of trust.
Denial of Service Attack: is an
attempt to make a machine or network resource unavailable to its intended users.
Theft of Data: Data theft is a
growing problem primarily perpetrated by office workers with access to
technology such as desktop computers and
hand-held devices capable of storing digital information such as USB flash drives, iPods and
even digital cameras.