Date of Award

2-2022

Degree Type

Dissertation

Degree Name

Doctor of Law (SJD)

Department

Law

First Advisor

Professor Rr. Remigus Chibueze

Second Advisor

Professor Dr. Christian Nwachukwu Okeke

Third Advisor

Professor Dr. Andrew Conteh

Abstract

The development of the internet and digital technologies represent a major opportunity for humanity in transforming businesses and providing new tools for everyday communication. Internet users are spending increasing amounts of time online and undertaking a greater range of online and social networking activities. However, just like a double edged sword, the internet also presents opportunities to cybercrimes in the Information society. The nature of some ‘traditional’ crime types has been transformed by the use of computers and other information communications technology (ICT) in terms of its scale and reach, with risks extending to many aspects of social life, such as financial transactions, sexual offences, harassment and threatening behavior, and commercial damage and disorder.

Cybercrime is a transnational menace in the sense that it cuts across borders. The most critical challenges of the information society have been the security of digital data and information systems and the prevention of the malicious misuse of information communications technologies by cyber criminals, terrorist groups, or state actors. Measures to address these security challenges of the information society birthed a concept known as “cyber security”. Cyber security seeks to promote and ensure the overall security of digital information and information systems with a view to securing the information society. Thus, the concept is broadly concerned with social, legal, regulatory and technological measures that will ensure the integrity, confidentiality, availability and the overall security of digital information and information systems in order to achieve a high degree of trust and security necessary for the development of a sustainable information cyber space.

This dissertation contends that, on the one hand, International laws are behind in providing proper regulatory coverage for cybercrime, while, on the other hand, existing regulations have largely been unsuccessful in containing cyber security threats primarily due to complications caused by the disharmonization of cyber security laws and regulation. This dissertation also attempts to discuss the legal and regulatory aspects of cyber security in International law. An analysis of international, regional and national regulatory responses to cyber security in both developed and developing countries was made. It calls attention to the limits and challenges of these regulatory responses in the promotion of cyber security and explores several regulatory measures to address the highlighted challenges with a view to promoting global cyber security. It suggests several regulatory measures to enhance global cyber security and also emphasizes the need for the collective responsibility of states for global cyber security.

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