“There is hardly
any offence being committed now without the use of technology. I cannot accept
that there are going to be sentences or fines in the present Act that we will
not make adjustments to”
Appeal by SSP (Senior Superintendent) Clifford
Chambers at the Joint Select Committee hearing on amendments to the Cybercrime
Act 2010 on Wednesday June 12th 2013
Wow that was
fast!
The Joint Select
Committee wasted no time in amending the Cybercrime Act 2010 by increasing the
Prison Sentence to twenty five (25)
years as reported in the article “$3m
fine, 25-year sentence proposed under Cybercrime Act”, published Wednesday, June 12, 2013
| 5:29 PM, The
Jamaica Observer.
Under the
Cybercrime Act 2010, an offence is committed when a person knowingly obtains,for
himself or another person, any unauthorised access to any programme or data
held in a computer. The amendment
basically treating Cybercrime on the same level as 2nd Degree murder
or Grand Larceny which attract similar Prison Sentences!
These
amendments to the thus far toothless Cyber Crime Act 2010 in keeping with
similar fines in the Law Reform (Fraudulent Transactions) (Special Provisions)
Act 2013, aka the Lotto Scam Act, and the Precursor Chemicals Act were made by
the Joint Select Committee on Wednesday June 12th 2013.
The
Ministry’s also began establishing a CERT (Cyber Emergency Response Team) in
May 2013 to respond to Cyber [Internet connected computer] threats as reported
in the article “Gov't to
Establish Cyber Response Team”, published Wednesday, 29 May 2013 17:19 by
Chris Patterson, The Jamaica
Information Service. Most likely it’ll involve Trained IT
and Network Specialists with connections to the GOJ.
Nonetheless,
this response by the Ministry of Science, Technology, Energy and Mining
indicates that they are aware it’ll be a problem and are thus taking step to
ensure that they don’t become a target for Hackers.
Already
the GOJ websites have been hacked and defaced on a continuous basis, based on
the Hacking stats provided by the Communication Forensics and Cybercrime Unit
for 2012:
1. 229
websites total belonging to GOJ entities, Colleges and Universities
institutions, and Private Sector were hacked last year while just over
2. 140
belonged to the GOJ
3. 89 belonged to the Colleges and Universities
institutions and Private Sector
State
Minister for the Ministry of Science, Technology, Energy and Mining Julian
Robinson later explained his intentions for the CERT in a Observe Editors
Weekly Exchange on Monday June 10th2013 as noted in the article “Gov't
to establish Cyber Emergency Response Team”, published Wednesday, June 12,
2013 BY KARYL
WALKER Editor - Crime/Court Desk, The Jamaica Observer.
More
interestingly, State Minister Julian Robinson also spoke of establishing what’s
effectively a NetForce made up of White Hat or Ethical Hackers as described in
the article “Gov't
working with hackers; moves to boost cyber security”, published Tuesday,
June 11, 2013 BY ALICIA
DUNKLEY-WILLIS Senior staff reporter, The Jamaica Observer.
The
history of the CyberCrime Act 2010 and its creation due to the action of the
most notorious offender, Philpott Martin, the Digicel Hacker, is documented in
my blog
article entitled “Mr.
Philpott Martin is the DPP and Digicel Hacker - Jamaica Cybercrimes first
Django Unchained makes it clear that Digicel's MINSAT and DWS are hackable”.
These
amendments are in line with the requests made by SSP (Senior Superintendent) Clifford
Chambers on behalf of fellow law enforcement officers as stated in the article
“Heavier
penalties proposed for cybercrime” published Thursday,
June 13, 2013 by Alicia Dunkley-Willis, The Jamaica Observer.
Law
enforcement personnel are apparently having the same level of difficulty of
capturing and convicting perpetrators of Cybercrime in Jamaica before a
Resident Magistrate. His arguments were presented before the Joint Select
Committee and the result of them may be heard late in the year.
All
told, the GOJ’s responding on the eve of 4G LTE Long Term Evolution) Wireless
Broadband Internet coming to increase internet Connectivity in Jamaica as noted
in my blog
article entitled “No
bidders thus far for the 700MHz Spectrum Auction for 4G LTE - CAPEX concerns as
Serious Man of Steel Investors are needed to assist Jamaica to become a more
Connected Society”.
With
that increased connectivity comes increased criminal activity via the Internet
enableing crimes with both tools that can be ordered online and instructional
videos such as this one on Scamming Debit and Credit Cards.
Information
is the new currency provided by the faster Broadband Internet.
It’s
a weapon enabling educated and out-of-work Jamaicans with basic computer skills
to undertake Scamming of Americans to Credit and Debit Card Cloning. Concern
about who’s ultimately responsible prompted me to do the article blog
article entitled “Who
is responsible if your Credit Card or Debit Card account is hacked?”.
Back
then in 2010, the GOJ was innocent to the scourge of hacking and defacing GOJ
websites, seeing it as merely young hooligans trying to prove a point. But when
it began to gravitate towards stealing Debit and Credit Cards and the now
famous hack by Philpott Martin, it became obvious that the GOJ had to take
action.
These
current legislative empowers the Police and the Legal System using the
Cybercrime Act of 2010 by basically treating Cybercrime on the same level as 2nd
Degree murder or Grand Larceny.
More
importantly, they’ll need these legislative changes to demonstrate to the Local
and International community that Jamaica is ready to advance towards a Cashless
Society as described in my blog
article entitled “JNBS
Introduces Swipe and Go, eliminating Bank Books - Secret of Wings for a
Cashless Society in Jamaica”. No one will trust these Internet
connected systems until it can be guaranteed to be secure enough for Financial
Transactions!
For
the GOJ’s part, they’re taken heed and plans for the private, secure and lower
cost GOVNet for communications among GOJ entities and enableing Parliamentarians
with Tablets involves using Linux as noted in my blog
article entitled “GOJ
Parliamentarians upgraded to Microsoft Surface Tablets and GovNET Wide Area
Network - Minister Paulwell efforts to reduce paper may accelerate Jamaican
Tablet Adoption”.
Amended
CyberCrime Act 2010 and White Hat Hackers are the Q.U.E.E.N Project Janelle
Monae and Erica Badu Style.
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