ELECTRONIC CRIMES BILL, 2013
This Bill contains 4 Parts and seeks to provide for the prevention and punishment of electronic crimes.
PART I of the Bill, Clauses 1-4, deals with matters of a preliminary nature. Clause 1 is the standard citation and commencement provision.
Clause 2 sets out the interpretation of terms used in the Bill such as “access”, “contaminant”, “data”, “damage”, “function”, “traffic data, which have been defined to ensure that the intended purpose of the legislation is achieved.
Clause 3 sets out the application of the Bill. Clause 4 provides that the State is bound by the provisions of the Bill.
PART II of the Bill, Clauses 5 -20, creates 16 offences: access and interference, sending offensive messages through communication service, etc, identity theft, electronic defamation, electronic forgery, electronic fraud, malicious code, violation of privacy, misuse of encryption, child pornography, sensitive electronic system, electronic terrorism, prank calls to law enforcement, electronic stalking, spoofing and unauthorized access to code.
PART III of the Bill, Clauses 21 – 30 provides for investigations and procedures of electronic crimes.
In that connection, this Part Clauses 21 – 23 makes provision for the grant of a preservation order, disclosure of preserved data order and production order by a Judge upon application in Chambers by a police officer of the rank of Inspector. Clause 24 makes provision for a police officer to apply to a Judge in Chambers for the issue of a warrant that enables the police officer to enter any premises to access, search and seize any data, program or information for the purposes of a criminal investigation. Clause 25 provides for a police officer to collect or record any traffic data in real time.
Clause 26 provides that a mobile phone service provider shall provide mobile phone tracking to the law enforcement agencies upon request in cases of emergencies. Clause 27 makes provision for a police officer to arrest without warrant a person reasonably suspected of committing an offence under the Act.
Clause 28 provides for the deletion of indecent photographs of children. Clause 29 sets out the exceptions where a person should not use or disclose data obtained. Clause 30 provides that a service provider will not be liable for any actions taken or any information provided or disclosed to law enforcement agencies.
PART IV of the Bill, Clauses 31 – 35 deals with matters of a miscellaneous nature and in that connection it makes provision for the institution of criminal proceedings, extraditable offences, order for compensation, forfeiture and for the making of Regulations.
A.K. CAJETON HOOD
Hon. Attorney General
ELECTRONIC CRIMES BILL, 2013
ACT NO. OF 2013
ARRANGEMENT OF CLAUSES
1. Short title and commencement
4. Act binding on State
5. Unauthorised access and interference
6. Sending offensive messages through communication services, etc
7. Identify theft
8. Electronic forgery
9. Electronic fraud
10. Violation of privacy
11. Misuse of encryption
12. Child pornography
13. Sensitive electronic system
14. Electronic terrorism
15. Prank calls to law enforcement
16. Electronic stalking
17. Spoof and spam
18. Unauthorised access to code
INVESTIGATIONS AND PROCEDURES
19. Preservation order
20. Disclosure of preserved data order
21. Production order
22. Powers of access, search and seizure for the purpose of investigation
23. Real time collection of traffic data
24. Mobile phone tracking in emergencies
25. Arrest without warrant
27. Limited use of data and information
28. No liability for service provider
29. Institution of criminal proceedings
30. Extraditable offences
31. Order for compensation