6 November 2008
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"The situation today is very different and will continue to change as we now carry plastic cards that can be used to transact business anywhere in the world. With our cards, we can withdraw cash from any ATM machine located in any country. These ATMs are linked electronically to our banks and they relate with our cards to access money in our accounts. This process of buying and selling over electronic lines is what is now popularly known throughout the world as electronic commerce or e-commerce. The comfort and the convenience this offers have made electronic commerce, the norm in the 21st century. As e-commerce permeates our daily lives, so has the downside of it become a cancer that needs to be curtailed. Fraudsters have now shifted their attention from physical robbery to electronic robbery. This act of robbing electronically is what is known as electronic fraud.
"Mr. President, distinguished colleagues, we are all potential victims. Those of us who use the Automatic Teller Machines (ATM) are potential victims. Those of us who buy goods and services and pay for them over the internet are potential victims. Those of us who pay for our hotels' accommodation using our ATM cards, Master cards, Visa cards , American Express cards, Dinners Club, Discover cards et cet era, are potential victims. Those of us who have e-mail addresses and use computers are potential victims. Those of us, who carry mobile phones and may likely use them to check account balances or transfer funds from one account to the other using our phones, are potential victims.
The government that keeps records of our data or information from National Identity Cards to driver's licences is a potential victim. Those of us who keep our money in the banks are potential victims. The list is endless.
"Our Criminal Code Act Volume V chapter 77 of the Laws of the Federation of Nigeria does not make any provision as regards electronic fraud. This situation is not very different from what obtains in other parts of the world. The United States that has the benefit of first putting computers into mass usage, passed their Computer Fraud and Abuse Statue in 1984. This has had several reviews including the Privacy and Cyber Crime Enforcement Act of 2007. Most countries of the world have recognised the dangers posed by e-fraudsters and have put in place or are putting in place laws to address their activities as they occur," Arise said.
The senator recalled an instance of electronic fraud in China, where a customer took advantage of the fault developed by an ATM to withdraw much more than he had in his account, a development which he said earned him two years of imprisonment upon discovery.
"Mr. President, distinguished colleagues, in coming up with this bill, I had the opportunity of studying what obtains in different countries of the world that have strong legislation on electronic fraud. Interestingly, machines sometimes misbehave and people try to take advantage of such faults, but recently in China where an ATM was disbursing about $1,000.00 and the account of the card holder was getting debited by only $1.00 for every $1,000.00 disbursed, the customer decided to take advantage of the faulty machine to collect money he did not have in his account. The court had to sentence the culprit to 20 years jail term. This means that the standard of ethics and responsibility leaves no room for fraudulent characters. Society must protect all innovations that make life easy for mankind."
With those words, the tune for debate and sympathy for the bill were secured. However, the handwriting on the faces of the senators at the end of the second reading that afternoon, was that it would no longer be business as usual for perpetrators of e-fraud, when the bill is finally passed into law.
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We are not impressed with your double standards - reprieve for Elite Rouges (a la Andoaakaa's Ruse of Law) and Sharia Law of arm-chopping and stoning-to-death for the poor who dares steal a loaf of bread out of sheer desperation to feed their families and extreme poverty in the land. Before we take this Senate seriously, members should start by exposing the 419 king-pins hiding & calling themselves honorables instead of been in jail where they belong - how can we trust your proposed legislation when some of your members are the kings of electronic fraud.