Attorney-General Basil Williams on Wednesday said the proposed cybercrime legislation is the first step in establishing a comprehensive approach to fighting online crime and ensuring users are protected.
“Business owners want to be sure that countries in which they operate provide mechanisms to ensure that these crimes do not go unpunished and legal avenues are provided in which these businesses may be compensated for their losses,” Williams told those gathered at the Pegasus Hotel for a consultation on the draft Cyber-crime Bill 2016, which he said is essential in providing for investigative methods that will enable law enforcers to prosecute offenders.
He added that citizens need to be sensitised and educated about cybercrimes so as to prevent or reduce the risk of them being victims.
He noted that since the development of Information and Communication Technology (ICT) over the last few decades, it has revolutionised the world and has significantly impacted every aspect of our lives. “It has changed the way in which we communicate, study, shop, conduct our business, among others. This revolution of the ICT has led to the emergence of a different type of crime – cybercrime,” he said, while noting that cybercrime is prevalent in every nation.
The Cybercrime Bill 2016 provides for the creation of offences related to cybercrimes, such as child pornography, hacking, identity theft and cyberbullying, as well as related penalties. It covers a wide range of areas including illegal access to a computer system, illegal interception of data, illegal data interference, illegal acquisition of data, and illegal system interference. Penalties for these offences are a fine of $3 million and imprisonment for three years upon summary conviction and on conviction on indictment, a fine of $5 million and imprisonment for five years.
It has been published on the site of the Official Gazette but it is not yet clear when it will be laid in the National Assembly.
One of the issues raised at Wednesday’s consultation was whether the Guyana Police Force (GPF) was ready to deal with tackling cybercriminals.
Crime Chief Wendell Blanhum, who was present, stated that the police officers have already been involved in investigations surrounding cybercrime.
Williams added that police officers, investigators, magistrates and judges will also be trained to deal with related cases.
In light of the ongoing case between American company Apple and the US, where Apple refuses to open one of their cellular phones to give access to the Federal Bureau of Investigation in an ongoing terrorism investigation, Williams was asked if the legislation covers companies surrendering information for an ongoing investigation. It was stated, however, that the legislation covers local companies assisting investigations but when it comes to international companies, it has to do with their policy.
Speaking also at the public consultation, US Embassy Chargé d’Affaires Bryan Hunt pledged his government’s unwavering support and commitment to make sure that the internet is a safe place for all Guyanese.
He said that cybercrime is one of the greatest threats the civilised world knows today and consultations are critical to standing up to the challenge. He said with the growing dependency on technology comes an increasing concern about new and existing vulnerabilities that allow criminals lurking and phishing on the internet to negatively affect entire populations.
He said there is a need to work together in order to enjoy the benefits of cyberspace so there can continue to be economic and social growth. “Cyber infrastructure continues to be a risk and according to a recent survey, a lack of preparedness are among the most significant barriers to having a cyber-resistance in organisations,” he added.
Hunt said that the legislation was a step in the right direction as it addressed the different facets that are aimed at protecting children and others vulnerable to cyber threats.
Williams added that the consultation was the start of many as the Legal Affairs Ministry is aiming to involve the public and the stakeholders in the deliberations on bills. Anyone with queries and suggestions for the bill is urged to contact the Ministry of Legal Affairs.
