Public discussion on proposed cybercrime laws… Leaking confidential data, hacking of bank accounts raised

Mar 18, 2016 News

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Proposed legislations that will change the way the country deals with internet crimes are up for public discussions with the US and Inter-American Development Bank (IDB) promising to assist Guyana.
During the stakeholder meeting on Wednesday, at the Pegasus Hotel, several issues were raised, including what happens when banks lose customers’ monies due to hacking and the possibilities of information about confidential customers being leaked by institutions.
The consultation saw the attendance of Charge d’Affaires of the United States Embassy, Bryan Hunt; Representative of the IDB, Sophie Makonnen; Minister of Legal Affairs and Attorney General, Basil Williams, and with representatives from the media fraternity, the private and public sectors.
Other agencies represented include the State Assets Recovery Unit (SARU), the Guyana Revenue Authority, the Guyana Office for Investment (GO-Invest) and the Special Organised Crime Unit (SOCU).
The serious offences which the draft Bill criminalises speak to child pornography and the damaging of any computer system, device, network, computer programme or data vital to the State’s operations.
Other offences that are criminalised include illegally accessing a computer system, illegally intercepting by technical means information on a server or a computer system, illegally interfering with data on a computer such as deleting or copying information, illegally obtaining computer data, illegally interfering with a computer system, the sale of device, software or computers that can be used for hacking purposes, the unauthorized receiving or granting of access to  information stored on a computer or a network, computer related forgery and, fraud and identity theft.

US Charge d’Affaires, Bryan Hunt, in his remarks, indicated that critical infrastructure continues to be at risk from threats in cyberspace and a country’s economy is harmed by theft of intellectual property.
“I firmly believe that if we address these threats systematically and together, we can ensure that the internet remains an engine for economic growth and a platform for the free exchange of ideas,” Hunt said.
He added that the aspect of the legislation to address the threats of identity theft, cyber bullying and child pornography is needed because if left unchecked these can undermine the social fabric of the country.
“Unfortunately, the child pornography market exploded in the 1990s with the advent of the internet and advanced digital technology…the legislation under review…takes aim at those people engaged in this despicable, unlawful behaviour.”
Protecting children and other vulnerable members of society is one of the most important duties that today’s leaders assume, Hunt urged. He was one of the persons who have been behind Guyana introducing laws to tackle cybercrime.
Makonnen said that based on a recently published report by the IDB, Guyana’s internet threat level stands at 37%.
She added that 80 percent of the countries in Latin American and the Caribbean region do not have cybercrime strategies; only five of the 33 do and they are Colombia, Panama, Jamaica, Trinidad and Tobago and Uruguay.
“We believe that the report is a wakeup call in the region to what’s going on…The vast majority of the countries in the region are not yet prepared to counteract cybercrime,” Makonnen explained.
She added that the consultation, while it is a work in progress, is a clear indication that the government is taking the threat of cybercrime seriously, therefore, the bank will stand by its side.
Minister Williams explained that while the emergence of ICT has changed the way the country does banking, shop and conduct business on a day to day basis; it has led to the emergence of cybercrime.
“The lack of cybercrime legislation may result in Guyana becoming a safe haven for cybercrime offenders as offenders may be motivated to commit such crimes in other jurisdiction because they will have no fear of prosecution,” Minister Williams explained.
Some of the types of institutions that are affected by such crimes include government agencies, banks, educational institutions, and businesses.
“They include data espionage or illegal interception of data which allows criminals to gain access to critical personal and confidential information and the breach of such information can have deep impacts on the operations of such institutions,” Minister Williams explained.
The fight against cybercrime needs a comprehensive approach therefore the creation of legislation is the first step. It criminalises such offences and provides the necessary measures for investigation which will lead to prosecution.
Among, other things, the draft legislation is calling for hefty fines and lengthy jail sentences.
The 2016 budget makes allocations for cybercrime legislation, training investigators, prosecutors, magistrates and judges to understand the nature of these emerging crimes.
The purpose of the consultation was to garner the opinions, comments and criticisms of the stakeholders in relation to the draft bill prepared by the Ministry of Legal Affairs.
Vonetta Atwell, Principal Parliamentary Counsel, gave an overview of the Bill and cited its various components.
The panel consisted of Charles Fung-a-Fat, Deputy Chief Parliamentary Counsel; Atwell, Raymond Khan-Information Technology Manager at the University of Guyana and Cheyanne Lall, State Counsel.
Also present were representatives of the private sector and the Director of Public Prosecution, Shalimar Ali Hack.

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