Examining Legislative and Regulatory Responses to The Evolving Cyber Criminality: Enforcement Challenges and Lessons for Ethiopia

Abstract

Internet and computer technologies provide limitless opportunities for commercial, communication, educational and industrial advancement, to say a few. Innovation of ICTs and Internet Technology has brought numerous advantages as it offers a virtual world over which one can conduct daily activities and easily interact without geographical and physical barriers. However, besides the plethora of advantages that the introduction of Internet and computer technology provides, its shortcoming has opened the door wider for cybercriminals to exploit or undermine confidentiality, integrity and availability of computer systems, data and networks. Thus, criminalizing and prohibiting cybercrime, and making timely review of legal measures to prevail over the cybercrime and ensure criminal justice system in the cybercrime case. Accordingly, to assess the case in Ethiopia, this study utilizes the combination of document analysis and empirical study research methodology to examine cybercrime legal and regulatory responses in the context of the ever-evolving cybercrime, and comparative approach to identify the strong sides and shortcomings. For empirical inquiry, semi-structured questionnaires were used to get relevant information and data were analyzed using qualitative data analysis techniques. Using this data collection method, relevant information has been collected from INSA, MoJ and FPC. Taking into account the knowledge and experience, the respondents were purposefully selected. Moreover, purposive sampling technique is preferred to have individuals that are proficient and knowledgeable with the subject of the study. The assessment showed that Ethiopia has developed comprehensive cybercrime specific law. But still Ethiopia lacks legal regulation on criminal activities committed over internet including revenge pornography, online blackmail, website and email scam and online crime committed through botnet. There is also a need for legal regulation on internet intermediaries (ISPs, Internet café operators, hotels and so forth) to limit the chance of their computer systems or networks being exploited for cybercrime purposes. Finally, Ethiopia needs to establish a cybercrime center that can organize and lead designing cybercrime related programs to produce technology savvy legal expertise, facilitate relevant information and technology sharing, forensic laboratory facilities and conduct research and development, and inter-sectoral collaboration and international cooperation.