Cyber law and cyber security in support of economic development Cécile Barayre-El Shami Programme Manager, E-Commerce and Law Reform ICT Analysis Section, UNCTAD [email protected] Harmonizing cyberlaws in ECOWAS, Accra, 18-21 March 2014 1 Why cybersecurity matters? Cyberattacks have the potential to destabilize on a global scale. Cybersecurity must therefore be a matter of global concern. We need to work together to bolster confidence in our networks, which are central to international commerce and governance. We need to strengthen national legislation … push for international frameworks for collaboration … and adopt the necessary measures to detect and defuse cyber threats. Mr. Ban Ki-moon, UN Secretary-General, Seoul Conference on Cyberspace, Seoul, Republic of Korea, October 2013 2 Scope for more online activities thanks to improved ICT connectivity Increased capacity of submarine fibre-optic cables connecting developing countries to cyberspace 18% Internet users in Africa Widespread adoption of mobile devices Nearly as many SIM cards as people Smartphone sales surging 63.5% mobile-cellular subscriptions in Africa Mobile broadband in Africa • Mobile-broadband subscriptions: 10.9 percent • Fixed (wired)-broadband subscriptions: 0.3 percent Increased use of cloud computing – security and privacy implications of processing personal data remotely Webmail and social networks, business applications and G-cloud E-government initiatives Sources: ITU, GSMA, UNCTAD (2014) 3 New forms of mobile use Text messaging (SMS) Mobile money Expanding fastest in low-income countries: huge opportunity to improve financial inclusion with 2.5 billion unbanked in lower to middle income countries More than 110 deployments in Africa out of 225 (March 2014); ECOWAS represents 40 percent Benefits for micro and small enterprises • Faster and cheaper basic money transfers and payment functions • Merchant payments • Mobile solutions to international remittances (still nascent) • Lower transaction costs for micro-finance (still nascent) • Mobile micro-insurance (still nascent) Exponential growth of mobile transactions Eg: In Kenya, frauds involving mobile banking are amongst the fastest growing cybercrime category Sources: UNCTAD, GSMA, ITU, national data, Gartner, J.M. Ledgard. 4 Rise of social media Facebook users in Africa growing fast 2013 (March): 50 million; 7% average penetration Largest number of users in Egypt, South Africa and Nigeria Cost-effective alternative to traditional websites Mobile version of Facebook particularly popular Used by >75% of users in Botswana, Malawi, Namibia, Nigeria and South Africa Requires less bandwidth Twitter Most tweets sent from South Africa, Kenya, Nigeria, Egypt and Morocco. 5 Sources: Socialbaker, UNCTAD, www.jeffbullas.com. Signs of rapid growth of e-commerce in developing countries B2C e-commerce sales in 2012: $1 trillion China, India and Indonesia expected to grow fastest in 2013 China E-commerce has grown by 120% a year since 2003 Surpassed the US in 2013 as largest e-commerce market Requested UNCTAD to review its e-commerce legislation (2014) Latin America: from $1.6 billion to $43 billion in past decade Brazil accounts for largest market share (59%) Middle East and Africa: share in global e-commerce expected to rise from 1.6% to 3.5% by 2016 6 Sources: Economist, Morgan Stanley, eMarketer Issues to address: a long list Cybersecurity is multi-dimensional and complex Sovereignty, freedom of expression and privacy No international framework and cooperation to address cybersecurity Strenghten the infrastructure and e-payment systems Lack of capacity: Policy and law makers preparing and enforcing laws Technical skills (security systems and CERTs) Enforcement law bodies Differences among countries Legislation, capacity, resources Regional agreements/frameworks Need for more coordinated approaches among the various actors providing assistance Need to anchor ICT, including cybersecurity issues in the post2015 MDGs 7 UNCTAD's work on cyberlaw harmonization Provide technical assistance to more than 40 countries in the preparation of an enabling legal and regulatory environment for e-commerce In Africa: EAC and ECOWAS, Ethiopia 1. Raise awareness and build capacity of policy and law makers, including parliamentarians Online and face-to-face training course on the “Legal Aspects of E-commerce” : legal validity of e-transaction, consumer protection, taxation, security, privacy, IPRs, content regulation 2. Reviews of national laws and regional agreements 3. Preparation of regionally harmonized legal frameworks Programme funded by Finland 8 UNCTAD's cybersecurity assistance in ECOWAS Project started in 2013 in cooperation with the ECOWAS Commission To support the implementation at the national level of existing legal frameworks on e-transactions (Supplementary Act A/SA.2/01/10), cybercrime (Directive 1/08/11) and personal data protection (Supplementary Act A/SA.1/01/10) To review e-commerce law harmonization Partners: AU, UNCITRAL, ITU Building capacity of policy and law makers 220 trained through distance learning (Ocotber 2013) Two regional workshops (Dakar, February 2014; Accra, March, 2014) New online course on the Legal Aspects of E-Commerce in October 2014 Review on cyberlaw harmonization - recommendations to further cyberlaw harmonization "If we want to promote e-commerce in the region, we must raise consumer confidence in computer security and electronic transactions" - Dr. Raphael Koffi, Principal Programme Officer and Head of Telecommunication/ICT Division, ECOWAS Commission 9 http://unctad.org/ICT4D [email protected] 10 Thank you for your attention!