Cybercrime law passed

The National National

By MALUM NALU
PARLIAMENT has unanimously passed the National Cybercrime Code Bill to deal with people using information and communication technology to attack leaders and citizens.
MPs voted 73-0 with Prime Minister Peter O’Neill and Minister for Information and Communication Technology Jimmy Miringtoro saying support for the bill from both sides of the House showed its importance to the country.
The bill:

  • Enables law enforcement agencies to conduct searches to obtain evidence relating to the commission of an offence;
  • Prescribes how a search is conducted by police;
  • Requires a person to assist law enforcement agencies even if they are not a suspect in an offence;
  • Enables police to obtain a court order directing a person to produce specified data or other information relevant to an investigation or proceeding;
  • Enables police to request a person to preserve data for up to 14 days and an extension if required;
  • Enables police to obtain a court order requiring a person to disclose traffic data concerning a specific communication which will identify the ICT service provider and the path through which the communication was sent;
  • Allows the court to order an ICT service provider to collect or record data or assist a member of the police force with such information or recording;
  • Enables police to obtain a court order requiring a person to or to enable or assist police to collect or record data concerning a specific communication during a specified period;
  • Enables police to obtain an order to install and use software to assist with an investigation;
  • Enables the court to accept, at face value, electronic seals, signature or certificates produced before it; and,
  • Enables evidence that has been electronically generated to be admitted into court.

O’Neill agreed with Northern Governor Gary Juffa that the bill was about protecting individual rights.
“It is not about stopping freedom of speech. We have to protect the constitutional right given to our citizens that they can speak on any subject, criticise anybody, but it must be done within limits of respect to other people’s integrity and reputation. Hopefully, this will bring some discipline especially into social media, so that people who say things and do things, also take ownership of what they say,” he said.