Jep, das war´s, was noch fehlte..., künftig muss sich jeder User eines Internet Cafés, mit Photo, Adresse, Telefon-Nummer sowie E-mail Adresse und Nennung des nächsten Verwandten vor Nutzung von Internetdienstleistungen identifizieren, Anonymität dürfte dann bei dieser Nutzergruppe ab September der Vergangenheit angehören...
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Source: http://www.ngrguardiannews.com/news/article03
7th August 2006
EFCC to register cybercafes, others
By Sonny Aragba Akpore Asst. Communications Editor
INTERNET Service Providers (ISPs) who intend to remain in business have up till September 7 to register with the Economic and Financial Crimes Commission (EFCC).
Cybercafe operators have up till November 30 to do so.
Similarly, GSM service providers and Private Telecommunications Operators (PTOs) which offer skeletal Internet services on their networks have till the same September 7 to register with the anti-graft body.
The foregoing conditions are contained in a new law to combat cybercrime and fraud-related offences.
Christened "Advance Fee Fraud and Other Related Offences Act 2006," the law was signed recently by President Olusegun Obasanjo.
It prescribes, among others, ways to combat cybercrime and other related online frauds.
But while in previous laws the onus was on the government to carry out a surveillance on such crimes and alleged criminals, the new law vests this responsibility on industry players, including ISPs and cybercafe operators, among others.
While the EFCC becomes the sub-sector regulator, the law prescribes that henceforth, any user of Internet services shall no longer be accepted as anonymous.
Through what has been prescribed as Due Care Measure, cybercafe operators and ISPs will henceforth monitor the use of their systems and keep a record of transactions of users.
Such details include, but not limited to, photographs of users, their home addresses, telephone numbers and next-of-kin.
This means that to register as a user, the user's name, address, telephone, e-mail address and photograph should be available, according to the Act.
The President signed the law on June 5, 2006.
And for the purposes of identification, three key data should be provided, from the following: national identification card, drivers licence, international passport, utility bill and/or certificate of incorporation if need be.
The onus is on the service provider to define an anonymous or known user.
The act complements the EFCC Due Care Committee guidelines, which among others, stipulate that:
the new advance fee fraud law requires service providers to keep and maintain a record of all customers and users:
the records to be kept are detailed in Part II, Section 12 of the law, which concerns identity of users;
upon request by the EFCC, of the details of a customer who has allegedly committed a fraud, the service provider will oblige such details of the customers;
that service providers must guard against the use of their network for criminal activities.
But ISPs and Cybercafe operators say that due to the nature of technology, it may be difficult to completely eradicate cybercrimes and to properly identify the criminals.
The new Act says all ISPs have up till September 7, 2006 to register with the EFCC while the cybercafe operators, have up till November 30, 2006 to do the same.
President, Nigeria Internet Group (NIG), Mr. Lanre Ajayi, and his Association of Cybercafe and Telecentre Operators of Nigeria (ACTO Nigeria) counterpart, Mr. Lao Omotola, confirmed the development.
Ajayi explained that the EFCC has been on this subject for quite some time and "has tried to carry everybody along. His words: "We were aware of this before the policy or law came out. The EFCC wants to know who is in business and how it is being done."
Ajayi, who is also the Chief Executive Officer (CEO) of Pinet Informatics Limited, an ISP-based firm in Lagos said: "We want to rise to the occasion and the challenges therefrom."
He explained that electronic commerce (e-commerce) thrives on trust and "if it must be realistic here, we must put in place rules to checkmate online crimes."
"We share the views of the EFCC but in carrying out the process of authentication, we must be careful so that we don't infringe on the user's rights," Ajayi advised.
Omotola spoke in a similar vein, saying the idea is not novel in Nigeria since, South Africa, Singapore, Malaysia, Indonesia and to some extent, Brazil have adopted similar approaches to chock the cybercrime scourge.
Omotola, who is the CEO of Next Technology Limited, further explained that even upstream operators, like Intelsat, Gilat, New Skies, among others, will also have their services registered with the EFCC for their products and services to be sold locally.
The reasons for this, according to EFCC officials, is that "in the past, we ran into difficulty in prosecuting these upstream operators "because our laws did not cover their jurisdictions."
So far, over 20 cybercafes have been raided by the EFCC in the last one month.
The operators appear set to comply with the law by notifying users of the relevant portion of the law, corporate user policy, firewall recommendation, protection procedure, indemnity and right of disclosure among others.
According to the Act, telecommunication operators, including GSM service providers and PTOs, which now offer skeletal Internet services on their networks, also have up till September 7, 2006 to register such services with the EFCC.
They are also to show evidence of Due Care and Surveillance System, which they have installed in their networks for the purposes of the monitoring of cybercrimes.
All operators are to develop and put in place compliance standard, certification procedure to monitor certification compliance.
They are also expected to put in place a filter technology to determine the expectations and standards for a filter to be deployed at the service provider's gateway.
Restrictions of Spam mails and other letters that may be letters of threats are also to be monitored by the filter technology. All such reports should be available online for a period of three months and archived for up to one year.
The EFCC will see to the enforcement of the laws.
The registration of all users and operators will subsist, despite the existence of the Nigerian Communications Act, 2003.
Offenders would be tried by the Federal High Court or the High Court of the Federal Capital Territory or High Courts in the states.
Every cybercafe operator must expose all computers used in browsing because the era of hidden computers is over, according to Omotola.
He explained that this was one of the highpoints of the agreement his association reached with the EFCC.
According to him, each cybercafe will henceforth be a watchdog to others and if any of them is found indulging in cybercrime "we will dialogue with the operator and if dialogue fails, after three attempts, we shall have no option than to expose the cybercafe to the EFCC."
Besides, there will be a monthly meeting between the EFCC and cybercafes to review progress and new ways to uncover new tactics, he added.
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