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A Submission to the Public Hearing on the Bill to provide for the
Establishment of the Cyber Security & Information Protection Agency at
the National Assembly on Wednesday 8th July 2009 by African Information
Security Association (AISA)
Nigeria’s House of Representatives Committee on Drugs,
Narcotics and Financial Crimes held a
Public Hearing on the draft legislation for Cyber Security and Information
Protection Agency on Wednesday, July 8, 2009.
click for the Brief Summary on the Cyber Security and Information
Protection Agency
(Establishment, Etc) Bill 2008.
Key issues
and Recommendations of the African Information Security Association
(AISA):
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Has the draft bill been widely available to all stakeholders?
Legislation that makes sense must be grounded in reality. People
that are and will be affected should be involved. How inclusive was
the development of the draft bill to its present state – was a truly
multistakeholder approach adopted?
-
Is the draft bill one of detail and substance? Have all gaps been
filled? How does it address critical issues in the area of cyber
crime and information security? For example, are the provisions for
privacy sufficient? What are the privacy implications for
subscribers?
-
What are the specific linkages to Nigeria’s ICT Policy? Nigeria's
ICT policy is the roadmap Nigeria uses to deploy ICT for
development. Is the draft bill consistent and in sync with
strategies for Information security in Nigeria's ICT policy
documents?
-
How reasonable are the proposed sanctions and measures? What’s the
focus of the sanctions? How do the measures cover deterrence, punishment
and rehabilitation? Tough, realistic, or effective, what can be done
better? In developing laws of this nature have we considered the
environment, most especially the causative factors? No size fits
all. To truly fight crime you must address the causes of crime.
-
Does the bill adequately address the quality of leadership and
management of the agency required to realize the national objectives
of information security? For example, selective enforcement will
kill the spirit of the bill. What are the accountability and
transparency requirements of the agency? Capacity building for the
agency is also important – terms of infrastructure as well as
quality of human capital to bridge this critical information
security gap.
Recommendations from the African
Information Security Association (AISA)
Having established the Bill has a critical role to play on the
issues of computer security in the sustainable development of
Africa;
Having further examined the need for a strategy to campaign against
Cybercrime in Nigeria:
Makes the following recommendations:
- The Bill should make provisions for the
development of a body of knowledge on Computer security in
Nigeria by supporting research and development efforts in
Nigerian Universities and Training Centres. To this end the
Agency should be adequately funded to be able to meet this
target.
- The Human Capital requirements to
effectively monitor Nigeria’s cyberspace is huge and the demands
unlimited, as cybercrime is a daily challenge. We therefore urge
the provision of relevant sections of the Bill to address human
capital requirements. It is also important that there is
standardization in Computer security and cyber-security
education. A Standing Accreditation Body should therefore be
endowed with the responsibility of accrediting Computer Security
and Cyber-security educational institutions, to ensure that the
knowledge base and resource pool are actually relevant to the
needs of the country.
- Our National Cyberspace is a National
Asset , it is therefore recommended that the Agency must be
situated under the Presidency in the Office of the National
Security Agency. However, adequate provisions such as a
quarterly Consultative Forum with relevant stakeholders in the
Private Sector, Educational Institutions, Civil Society Groups
and Security Agencies.
- For Nigeria to be a key player in 2020 we
must promote global competitiveness by addressing information
security concerns. The Agency therefore must be proactive in the
discharge of its duties.
- The Bill/Agency should encourage the
development of local security software using open source
alternatives for developing information security expertise and
solutions in Nigeria;
- Promote Research and Development
innovations in the area of information security;
- Facilitate information security solutions
and expertise by law enforcement agencies and member of the
judiciary; The Evidence law in Nigeria therefore needs to be
revised to take into cognizance the developments in ICT and
Computer law.
- Encourage the integration of security
concepts and features in software development;
- The agency should especially focus on
developing solutions that enable safe surfing of the internet by
Nigerian Children.
- Provide information security training or
career opportunities for the youth and women;
- Promote awareness, education and training
in information security at all levels of education-primary,
secondary and tertiary.
- Promote information security legislation
and regulations to protect users;
- The Agency should provide an Annual
Survey on Information Security with a view to developing
strategies to counter information security threats; especially
in view of the fact that cyber terrorism is now a possibility.
- Encourage the development of local
Information security solutions and expertise;
- The Agency needs to leverage on global
best practices in Information security protection. We therefore
recommend that a collaborative arrangement with developed
countries such as the FBI in the US is critical.
- The agency should also regulate the
industry by ensuring that Law Enforcement, Intelligence agencies
and Private sector operators especially Banks, Financial
institutions and Service providers make adequate investments in
information security including appointing competent personnel;
- The Agency should create a Special
Funding vehicle to support the development of new information
security technologies.
- The qualification of the Director-General
(not Executive Chairman, its an agency of government – in good
corporate governance you cannot have an Executive Chairman)
should be extended to Computer Professionals who are experts in
Cyber security and Systems audit. Such a person must also be a
member of the regulatory body of ICT Professions in Nigeria,
Computer Professionals Registration Council of Nigeria (CPN) and
the Nigerian Computer Society (NCS) and must have demonstrated
adequate leadership qualities in previous responsibility.
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COMMENTS
for "Submission
to the Public Hearing on the Bill to provide for the Establishment of
the Cyber Security & Information Protection Agency at the National
Assembly on Wednesday 8th July 2009 by African Information Security
Association (AISA) ":
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July 7, 2009
Adekoya, Adebayo Felix
Department of Computer Science
University of Agriculture
Abeokuta, Nigeria
08033746188
says:
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Dear Colleagues,
I have just hurriedly read through the draft bill and I do not
agree with section 2.1.b on who shall qualify to be the
Executive Chairman,
consequently I wish to suggest that the qualification should be
extended to Computer Professionals who are experts in Cyber
security,
Systems audit and the likes. Such a person must belong to an
association governing these areas.
Also I believe that section 2.2.b should be specific by
mentioning that the two computer experts must belong to NCS and
CPN otherwise
some people will be nominated through the back doors and our
interest would not be represented.
Beside, 2 positions out of 13 members of the commission are not
adequate. We are simply in the minority on the affairs that
borders on
our profession.
Thank you
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July 6, 2009
Idris Sanni of Abuja, Nigeria
says:
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Thank you so much. I am a stakeholder. I will be there. But I
must complain that there was very little publicity. Is this
another attempt to turn national matters into a closed shop?
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