AN APPRAISAL OF THE EFFICACY OF THE LEGAL AND INSTITUTIONAL FRAMEWORKS FOR COMBATING CYBER CRIMES IN NIGERIA

0
493

CHAPTER ONE

GENERAL INTRODUCTION

1.1         Background to the Research

Advances in artificial intelligence (AI),1 are credited to have given the world computers that can beat people at chess,2 as well as drive cars and manage calendars.3 But despite the progress, scientists are years away from developing machines that are self aware. It is believed that the resulting technological advancement will eradicate poverty and disease, while on the other hand, it is warned that it could endanger human survival.4 The quest for Artificial Intelligence is as modern as the frontiers of computer science and as old as antiquity.5 The concept of a “thinking machine” began as early as 2500BC when the Egyptians looked to talking statutes for mystical advice. Automata, the predecessor of today‟s robot, date back to ancient Egyptian figurines with movable limbs like those found in Tutankhamen‟s tomb.6 It took the invention of the analytical engine of Charles Babbage in 1833 to make artificial intelligence a real possibility. Artificial Intelligence, as both a term and a science was coined 120 years later, after the operational digital computer had its debut. Suddenly, the world was introduced to a true “thinking machine” – one that knew more than its programmers.By the end of the Dartmouth Conference,7 “thinking machines” and automata were looked upon as antiquated technologies. Researchers predicted that within ten years a digital computer will be the world‟s chess champion and that AI would spark intellectual revolution that unveils in importance the earlier industrial revolution.8 It is argued that it is possible that a machine can take over the routine functions of human muscles and another can take over the routine uses of human mind.9 Scientists have long dreamed of autonomous thinking systems that are free of human interference. Despite five decades of research, the intuitive intelligence of human beings seem to be still beyond the capabilities of reasoning machines. Some people deem the invention of a “thinking machine” a dangerous endeavour that is ultimately doomed to failure, the misuse of AI have the potentials to ruin the social, economy and political well being of human beings. It is further argued that there is no ideal replacement for human beings. AI may help alleviate the difficulties faced by man but intelligent machines can never be human.10 The rise of technology opens a world of opportunities in the realms of communication, education, and industrial science. However, it simultaneously created a new era of corruption: cybercrimes. From professional hacking and virus writing to identity theft and fraud, cyber criminals are rapidly discovering new ways to threaten the internet – so rapidly that it is hard for law enforcement agencies to keep with them.Historically, the criminal abuse of information technology and the necessarily legal response have been discussed ever since the technology was introduced.12 Over the last fivedecades, various solutions have been implemented at the national and global level. One of the reason why the topic remained challenging is the constant technical development as well as the changing methods and ways in which cybercrimes are committed.13 Cybercrimes did not spring up as a problem overnight. In the early days of computing and network, computers were million dollar huge mainframes with limited number of users.14 By that time, average criminal possess neither the necessary hardware nor the technical expertise to benefit from such digital opportunity. In the 1950s, students of Massachusetts Institute of Technology (MIT) established the basis for what would emerge as the hackers of culture.15 In the 1960s, the introduction of transistor based computer systems which were smaller and less expensive than the vacuum-tube based machines led to an increase in the use of computer technology. At this stage, offences focused on physical damage to computer systems and store data.16 In 1961, the first hackers‟ group came about at the MIT. The members of the group used to program for a sheer joy of it, which the original essence of the term hacking. Between the 1960s and early 1970s, hacking became associated with radical movement and took on a negative tone.17 In the 1970s, the use of computer system and computer data increased further. The first affordable personal computer became available, the Altair 88000. From that moment on, it was possible for individual to buy their own computers and learn how to program. Altair gave birth to hacking as it is known today.

AN APPRAISAL OF THE EFFICACY OF THE LEGAL AND INSTITUTIONAL FRAMEWORKS FOR COMBATING CYBER CRIMES IN NIGERIA