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Enforcement Mechanisms Against Cybercrimes Under International Law

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Enforcement Mechanisms Against Cybercrimes Under International Law A REVIEW OF THE PROBLEMS IN REGULATING THE INTERNET USE: ENFORCEMENT MECHANISMS AGAINST CYBERCRIMES UNDER INTERNATIONAL LAW BY EZE KENNETH UZOR 2011397008F FACULTY OF LAW NNAMDI AZIKIWE UNIVERSITY AWKA, NIGERIA JUNE 2016 1 A REVIEW OF THE PROBLEMS IN REGULATING THE INTERNET USE: ENFORCEMENT MECHANISMS AGAINST CYBERCRIMES UNDER INTERNATIONAL LAW BY EZE KENNETH UZOR 2011397008F FACULTY OF LAW NNAMDI AZIKIWE UNIVERSITY, AWKA, NIGERIA A DISSERTATION PRESENTED TO THE FACULTY OF LAW, NNAMDI AZIKIWE UNIVERSITY, AWKA, IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE AWARD OF DOCTOR OF PHILOSOPHY DEGREE (PhD) IN LAW SUPERVISOR: PROF. GREG CHUKWUDI NWAKOBY JUNE 2016 2 CERTIFICATION Be it certified that this Dissertation entitled 'A REVIEW OF THE PROBLEMS IN REGULATING THE INTERNET USE: ENFORCEMENT MECHANISMS AGAINST CYBERCRIMES UNDER INTERNATIONAL LAW' is an original work of EZE KENNETH UZOR, with Registration Number: 2011397008F. It is hereby further certified that this research work has been done by the student in partial fulfilment of the requirements for the award of Doctor of Philosophy Degree (PhD) in Law of NnamdiAzikiweUniversty, Awka, Nigeria. No part of this work was previously presented for the award of any degree at any University or elsewhere. All the sources used had been indicated and dully acknowledged by complete references. ………………………… Eze Kenneth Uzor ................................... (Student) Date …………………………. Prof. Greg C. Nwakoby .................................. (Supervisor) Date 3 APPROVAL This Dissertation entitled 'A REVIEW OF THE PROBLEMS IN REGULATING THE INTERNET USE: ENFORCEMENT MECHANISMS AGAINST CYBERCRIMES UNDER INTERNATIONAL LAW' by EZE KENNETH UZOR has been approvedfor the Faculty of Law of NnamdiAzikiwe University, Awka, Nigeriafor the award of Doctor of Philosophy Degree (PhD) in Law. …………………………. Prof. Greg C. Nwakoby .................................. (Supervisor) Date ………………………… Prof.G. N. Okeke ................................... (Dean, Faculty of Law) Date ……………………….. (External Examiner) .................................. Date ……………………………. Prof.Haris Ike Odimegwu ................................... (Dean, School of Postgraduate Studies) Date 4 DEDICATION I dedicate this Dissertation to the Almighty God for giving me the inspiration, ability and grace to run this programme successfully. 5 ACKNOWLEDGEMENTS I must sincerely thank my Supervisor, Prof. Greg ChukwudiNwakoby who made this work possible by his thorough, diligent, scholarly contributions, and in-depth and painstaking supervision of this work. My Supervisor's invaluable contributions have greatly enriched this work. Words are inadequate to express my gratitude to you. May our Good Lord bless you abundantly. I am also very grateful to the current Dean of Law, Prof. G. N. Okeke who taught me International Law. I appreciate immensely the PG Sub-Dean of Faculty of Law, Dr. E. Ama- Oji and the former PG Coordinator, Dr. M. N. Umenweke. I also appreciate the contributions of the Head of Department of International Law and Jurisprudence, Rev. Fr. Dr.Oraegbunam Kenneth I. E. I cannot thank enough my beloved Daddy, Osuji Christopher AniNweze and Mummy, Mrs Eucharia O. Eze; my guardian, Dr. O. A. O. Ekwe and his wife and children; and my siblings (Chief OgbonnayaEze, Orinmeji Linda U. Okoro(Mrs), Christopher A. Eze, Oliver E. Eze, Gabriel N. Ani, Edwin A. Eze, Pius A. Eze and Michael N. Ani). My step mother, Mrs Eunice Eze of the blessed memory deserves my thanks (may her gentle soul rest in perfect peace, Amen). I appreciate my Parish Priest, Rev. Fr. Anthony O. Ajah who is always praying for me. Chief (Barr.) O. O. Igwenyi and his wife, Prof. J. A. M. Audi, Prof. Sani M. Adam, Rev. Fr. Dr. E. S. C. Obiorah, Copy-Link Global Resources Ltd, all deserve my special thanks for their encouragement and assistance.A special gratitude to Barr. BenjeanUruchiOdoh and his wife, Chief (Barr.) Mohammed Aliyu Zaria, pnm and his wife, Barr. D. U.Nwafor and his wife, Barr. Akam C., Late Barr. ChidiOkoye; Barr. A. C. Ogbuodudu, Barr. Badr Mohammed Bashir, Barr. J. O. Ogouno, Dr.OkereLivinus, Barr. Leonard C. Opara, Barr. Sani Abdul-Aziz, Mrs NkeiruNwimo and my other friends and well-wishers who encouraged and assisted me in one way or the other in the course of doing this programme. In all and above all, to God is the Glory. 6 ABSTRACT The twin issues of regulation of the Internet use and enforcement mechanisms against cybercrimes seem to have become a regular feature of daily deliberations by individuals, governments and institutions which are concluded with some forms of anxiousness to device means of withstanding the challenges posed by the free Internet use and cybercrimes. Globally, this anxiousness not only intensifies the culture of fear about cybercrimes, but they also increase demands for pressurizing the world community to respond. This research work is aimed at presenting a review of the problems in regulating the Internet use and enforcement mechanisms against cybercrimes under international law. It is hereby argued that any effort towards the regulation of the Internet use and enforcement mechanism against cybercrimes must not be left within the bounds of domestic laws only. There must be a globally galvanized mechanism to achieve success. The Internet is, in a remote sense, analogous to a 'common heritage of mankind'. No one owns it, people of all nationalities use it and experience all the challenges emanating from its use. This makes the issue of regulation of the Internet use and enforcement mechanisms against cybercrimes an international issue within the realm of International Law. It cannot be over emphasized that anything short of a global co-operation and legal framework would result in regulatory and legislative arbitrage to the advantage of cybercriminals, as those places lacking regulation of the Internet use and legislation against cybercrimes would become the very porous den of cybercriminals. This research work is therefore making a case that the future of regulating the Internet use and control of cybercrimes does not solely revolve around increasing the role and capacity of domestic jurisdictions, it should also be about the entire countries of the world forging new relationships within the transnational and global networks of cyber security taking into consideration the limits of fundamental rights and freedoms vis-sa-vis the Internet use. The method adopted in this research work is mainly doctrinal method of obtaining data and information for this study. This method entailed the collection and collation of relevant materials on the topic and carrying out critical analysis of the data. Empirical method was also partly adopted. It has been found out that with the increasing vulnerability of computers and over dependence on computer systems within the global Internet network and increased dependence of the society on computer technique and telecommunications systems, the risk of damage of the new Internet technology as a result of criminal activities thereon is significantly increasing. Therefore, it is necessary to give more information about vulnerability of computer systems due to the Internet use and necessity of effective protection means. Since both cybercrime and the means of the Internet by which it is commonly committed possess heterodox features, this research work has propounded the heterodoxity doctrine, which is imbedded in two pivotal strategies by which cybercriminals can be effectively prosecuted in any jurisdiction at all in the world, whether there are laws or no laws regulating the Internet use or prohibiting cybercrimes in that jurisdiction and without regard to the age of the cybercriminal, nor allowing the implication of legislative and regulatory arbitrage to surface. And those strategies are founded in the treatment of cybercrimes as taazir(ta'zir) crimes and by all the countries of the world adopting universality principle of state jurisdiction under international law in cybercrimes prosecution and adjudication. 7 TABLE OF CONTENTS Title - - - - - - - - - - i Requirement - - - - - - - - ii Certification - - - - - - - - iii Approval - - - - - - - - iv Dedication - - - - - - - - v Acknowledgements - - - - - - - vi Abstract - - - - - - - - vii Table of Contents - - - - - - - viii - xv Table of Cases - - - - - - - - xvi - xviii Table of Statutes - - - - - - xix – xxi Table of International and Regional Instruments - - - - xxii - xxiii List of Abbreviations - - - - - - - xxiv – xxvii CHAPTER ONE: GENERAL INTRODUCTION 1. 1 Background of Study - - - - - 1 1.2 Statement of Problem - - - - - 9 1. 3 Objectives of Study - - - - - 14 1. 4 Significance of Study - - - - - 16 1. 5 Methodology of Study - - - - - 17 1.6 Scope of Study - - - - - - 18 1. 7 Literature Review - - - - - - 20 1. 8 Organisational Layout of Study - - - - 36 8 CHAPTER TWO: CONCEPT OF THE INTERNET 2. 1 Introduction - - - - - - - 38 2.2 Definition of the Internet - - - - - 38 2. 3 Components of the Internet - - - - - 42 2. 4 Hidden Elements of the Internet Resources - - - 44 2. 4. 1 Mirroring - - - - - - - 44 2. 4. 2 Hosting - - - - - - - 45 2. 4. 3 Caching - - - - - - - 47 2. 4. 4 Java and Active-X - - - - - - 48 2. 5 The Internet Distinguished from Other Related Terms - 48 2. 5. 1 The Internet and World Wide Web - - - - 49 2. 5. 2 The Internet and Online Services - - - - 50 2. 5. 3 The Internet and Cyberspace - - - - - 50 2. 6 History of the Internet - - - - - - 54 2. 7 Basis and Uniqueness of the Internet - - - - 56 2. 7. 1 Openness of the Internet
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