By Jimson Olufuye

Recently, the Council of Europe (CoE) and the International Chambers of Commerce (ICC) in separate proclamations declared that the offline laws and rule apply to situations and circumstances in the online world. For example the crime of credit/debit card theft, identity theft, fraud, misuse of bank accounts, obscene posting etc in the offline world have similarities in the online world.

The challenge facing the international community is evolving the best approach to enthroning the rule of law on the Internet? Should it be a “government only” effort to bring about law and order on the Internet considering the upcoming International Telecommunication Union (ITU) Treaty negotiation conference coming up in Dubai in 2012?  Or should it be an exercise for all stakeholders in line with the Tunis Agenda 2005?

Taking this forward through multi-stakeholder co-operation and collaboration is a sine qua non for the rule of law to prevail on the Internet. With regard to dealing with cybercrime, there is the Budapest Convention which is the first treaty on Cybercrime. This can be expanded to create a handshake with the African Union Commission, the regional Economic Commissions eg ECOWAS.

The Interpol protocol can be expanded to cover online activities but such scope of expansion should only be carried out incorporating other stakeholders like the business community.  Business gathers a lot of personal data of clients, which based on privacy policies are expected to be protected and not divulged to any third party.

But for law enforcement purposes where such data are required from business, even on an on-going basis there should be internationally accepted legal protocol guiding such request by law enforcement authorities so as to promote the rule of law, trust and confidence on the use of the Internet.

Further on dealing with cybercrime, there is need for effective cyber policing and training. National Police authorities in collaboration with Computer Emergency Response Teams (CERTs) and non state actors can set up Cyber Division and Cyber Stations where cases of cybercrimes can be reported and action taken.

Special courts can also be inaugurated to handle peculiar online crimes.  With more than US$8trillion worth of transactions done online and close to US$380billion lost to cyber crime each year, the time is more than ripe for action to be taken to arrest the ugly side of the Internet – crime; so that the potential of the Internet can truly be unleashed for the eradication of poverty and cheetapolevault development of developing nations and Africa in particular.

In conclusion, the rapid development of Africa is hinged on the on-going evolution and innovation on the Internet engendered by free flow of information. The enthronment of the rule of law will further assure this process as confidence, security and trust in the online world soar.

Whether  offline or online there should be no difference as all should be our world based on liberty and the rule of law. As long as humans are the players in the two worlds, liberty and the rule of law are necessary imperatives for the full potentials of the Internet to be realised for everyone in the world.
CONCLUDED.

Olufuye is CEO Kontemporary Consult and Vice-Chairman ,World Information Technology and Service Alliance (WITSA).