Cybercrime in a cyber-dependent world : enlisting the developing world in addressing the growing problem of cybercrime

Abstract

The internet and its attendant benefits have brought about remarkable positive transformation in every sphere of the human enterprise, adding speed and efficiency through the availability and ease in transferring information without any obstruction by jurisdiction, time and cost. The inherent advantage that the ubiquitous nature of the internet brings also emphasises the need for proper and effective regulation of this “world without borders” if the world will not experience a breakdown of order. This will involve the combined efforts of both developed and developing countries. The reality is that developed countries are taking proactive steps to tackle cybercrime, while developing countries are apathetic and are taking few or no steps to participate in the efforts to address cybercrime. This will hamper the measures put in place by developed countries to address cybercrime because of the ubiquitous nature of the internet. This thesis examines the steps that may be embarked upon to get developing countries involved in addressing the growing problem of cybercrime. The efforts already undertaken by developed countries in their drive to halt cybercrime are highlighted. This research will be focused on objectively evaluating the response of developing countries in the fight against cybercrime, evolving ways to pull developing countries out of their inherent apathy in the growing spate of cybercriminal activities and to get them actively involved in tackling cybercrime. This thesis therefore looks at the prevailing legislative, regulatory and law enforcement initiatives put in place by both developed and developing countries, identifies its inadequacies and proffers solutions on how both divides can be on the same page to effectively tackle cybercrime. This research proposes the emergence of harmonised legislation, harmonised law enforcement and adjudicatory systems that will accommodate and propel the active participation of both developed and developing countries in the fight against cybercrime. The thesis further identifies the debilitating effects of various socio-economic factors on the ability of developing countries to effectively address cybercrime, and thus proffers a number of socio-economic strategies that will cure same. The thesis also accesses the existing regulatory and internet governance schemes which discourage the participation of developing countries and suggests the emergence of an effective regulatory structure that encourages universal participation. Any effective effort that will lead to the participation of developing countries in tackling cybercrime will encompass several strategic legal approaches and non-legal approaches which will cut through some law-making and decision-making, law enforcement and prosecution, and socio-economic strategies. It is important that both developed and developing countries start taking steps to ensure that the menace of cybercrime does not get out of hand.