Senate Debates Computer Hacking, Anti-419 Law

David Mark, Senate President has restated the commitment of the National Assembly to enact a law that would criminalise computer misuse (hacking) and fraudulent electronic funds transfer, otherwise known as 419.

Mark made this known at the consideration of a bill for an Act to provide for the prohibition and punishment for electronic fraud and crime in all electronic transactions in Nigeria.

The bill, sponsored by Sen. Adegbenga Kaka (ACN-Ogun state) and 31 other senators, was read at the Senate chamber for the second time.

However, the bill did not scale the second reading because the lead sponsor did not include the financial implication in accordance with Order 77, Rule 3 of the Senate Standing Orders 2011 (as amended).

Mark, who expressed support for the bill, said: “we should consider this bill and pass it as quickly as possible but the sponsor must state the financial compendium.”

In swift reaction, Sen. Victor Ndoma-Egba (PDP-Cross River) moved a motion for the bill to be stepped down and be considered for the next legislative day when the sponsor provides the missing information.

Senator Kaka had recalled that the bill was read for the first time in the Senate on July 28, 2011. “The objective of the bill is to make provision for the prohibition and punishment of electronic fraud and crime,” said Kaka.

The senator added that the bill also seeks to prohibit unauthorised access to use any programme or data held in a computer.

Kaka stated that the bill also contains provisions to protect consumer privacy, rights and obligations. “Consumers are not likely to participate in the global market place without assurances that their personal data would be protected.

“We, therefore, need to adopt a flexible and responsive approach to the protection of personal data, including the acceptance of self-regulatory solutions and enact laws that forbid the disclosure of personal data.”

He expressed the hope that the proposed legislation to regulate transfer of money by electronic terminal would spur the growth of e-commerce in Nigeria.

Sen. James Manager (PDP-Delta) recalled that the bill was presented to the last Senate and referred to the Committee on Judiciary after passing through the first and second reading.

Manager, who said he served in that committee said: “a public hearing was conducted on the bill and the committee even travelled to the U.S. because of the bill.”

He however, expressed regrets that the bill did not receive the president’s assent. He stated that no aspect of the country’s judicial system or criminal code captured electronic fraud.

Subsequently, Senator Manager argued that the proposed bill would boost investor’s confidence in the country and appealed to the president to assent to the bill, if passed by both chambers of the National Assembl