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Fiji’s new Crimes Decree may address the many criminal activities carried out on the computer and over the Internet but many challenges remain, said prominent lawyer and former High Court Judge Nazhat Shameem.
Speaking at the 11th Attorney General’s conference at the Warwick hotel yesterday, Shameem said the criminalization of cyber misconduct - now possible in Fiji under the Decree - was not just about punishing those who use computers to act unlawfully, it was also about protecting the integrity of national communication technology, to ensure its dependability, security and confidentiality.
“Although the new Crimes Decree responds to most challenges (regarding crimes committed over the Internet) in relation to a legislative response, the law enforcement responses remain,” she said.
“Fiji needs more police officers with computer expertise and armed with forensic software which can for instance, search automatically for child pornographic images. The popularity of the Internet, means that cyber activity has now become an intrinsic part of social activity. A police force without the ability to investigate this new form of potentially criminal activity, will be unable to police effectively.”
Worldwide she said, the financial cost of cybercrime - such as computer fraud, cyberlaundering, child pornography and identity theft among others - was estimated as being up to US$100 billion in 2007, “exceeding profits made by illegal drugs.”
Cyber crimes earned good income for cyber criminals because they were difficult to police, prosecute, and unlikely to be the subject of extradition or mutual assistance, Shameeem said.
Developing countries such as Fiji, she added, greatly suffer from the constraints associated with it.
“Without strong and adequate laws, and adequate e-policing, it becomes a disincentive for e-businesses to set up shop in developing countries because of an inability to protect customers and guarantee the privacy of financial information,” Shameem said.
