SOURCE:

Faculty: Law
Department: Law

CONTRIBUTORS:

Eze, K. U.
Nwakoby, G. C.

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.